Boltless Steel Shelving Units Prepackaged for Sale from India, Malaysia, Taiwan, Thailand, and Vietnam; Inv. No. 731-TA-1607-1611 (Final)

=== Determination – AD – Preliminary - Taiwan === 83382 Federal Register / Vol. 88, No. 228 / Wednesday, November 29, 2023 / Notices 1 See Boltless Steel Shelving Units Prepackaged for Sale from India, Malaysia, Taiwan, Thailand and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigations, 88 FR 32188 (May 19, 2023) (Initiation Notice). 2 See Boltless Steel Shelving Units Prepackaged for Sale from India, Malaysia, Taiwan, Thailand and the Socialist Republic of Vietnam: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations, 88 FR 63063 (September 14, 2023). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the Less-Than- Fair-Value Investigation of Boltless Steel Shelving Units Prepackaged for Sale from Taiwan’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 5 See Initiation Notice, 88 FR at 32189. 6 See Memorandum, ‘‘Preliminary Scope Decision Memorandum,’’ dated November 13, 2023 (Preliminary Scope Decision Memorandum). Business Diversity in the private sector? Are any best practices missing, in your view? 3. Are there any specific elements of the Business Diversity Principles that you would consider especially important? Existing Business Diversity Efforts 1. To what extent are each of the Business Diversity Principles aligned with your organization’s current practices? Which of the Principles represent the greatest growth opportunity for your organization or private sector organizations overall? 2. Please share specific examples of successful Business Diversity initiatives. 3. Please describe any strategies that have been effective in promoting Business Diversity in your organization or industry. 4. Are there specific challenges or obstacles that organizations frequently encounter when implementing Business Diversity initiatives? How can these be overcome? 5. Do Business Diversity initiatives make your business more likely to succeed commercially? How? 6. Do Business Diversity initiatives create value and encourage growth for your business? How? 7. Would the cessation of Business Diversity initiatives harm your business? How? 8. Does your industry have a history of exclusion, discrimination, or inaccessibility to any group of actual or potential employees, executives, business partners, customers, or other stakeholders? If so, do Business Diversity initiatives help your business and/or industry remedy the continuing effects of that exclusion, discrimination, or inaccessibility? How? 9. Does the success of your business and/or industry enhance the national and/or economic security of the United States? If so, do Business Diversity initiatives contribute to your ability to advance that national interest? How? 10. Can the impacts discussed in response to the above questions be quantified or otherwise measured? How? To the extent available, please provide data demonstrating those impacts. 11. What role do you believe the government should play in promoting Business Diversity within the private sector? 12. How can the Department of Commerce and other federal agencies support private sector Business Diversity efforts? What would be the most important outcome from this effort? 13. How might the Business Diversity Principles help you in your day-to-day operations? For example, might the Principles inform your investment decisions, or purchasing decisions, advocacy focus, the type of organization you would want to work for, or how you would allocate business resources toward making a positive impact? The Department of Commerce appreciates your valuable input and looks forward to reviewing your submissions. Dated: November 24, 2023. Brandee Anderson, Senior Advisor for Diversity, Equity, Inclusion, and Accessibility. [FR Doc. 2023–26254 Filed 11–27–23; 8:45 am] BILLING CODE 3510–20–P DEPARTMENT OF COMMERCE International Trade Administration [A–583–871] Boltless Steel Shelving Units Prepackaged for Sale From Taiwan: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 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 boltless steel shelving units prepackaged for sale (boltless steel shelving) from Taiwan are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2022, through March 31, 2023. Interested parties are invited to comment on this preliminary determination. DATES : Applicable November 29, 2023. FOR FURTHER INFORMATION CONTACT : Joy Zhang, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1168. 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 May 19, 2023. 1 On September 14, 2023, Commerce postponed the preliminary determination of this investigation until November 21, 2023. 2 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 https:// access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Scope of the Investigation The product covered by this investigation is boltless steel shelving from Taiwan. 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 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. For a summary of the product coverage comments and rebuttal responses submitted to the record for this preliminary determination, and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum.6 As discussed in the Preliminary Scope Decision Memorandum, Commerce preliminarily did not modify the scope language as it appeared in the Initiation Notice. In the Preliminary Scope VerDate Sep<11>2014 17:26 Nov 28, 2023 Jkt 262001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\29NON1.SGM 29NON1 ddrumheller on DSK120RN23PROD with NOTICES1 83383Federal Register / Vol. 88, No. 228 / Wednesday, November 29, 2023 / Notices 7 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). 8 See 19 351.309(c)(2) and (d)(2). 9 We use the term ‘‘issue’’ here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. 10 See APO and Service Final Rule. Decision Memorandum, Commerce established deadlines for parties to submit scope case and rebuttal briefs as well as a deadline to request a hearing on issues raised in the scope briefs. Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Constructed export prices have been calculated in accordance with section 772(b) of the Act. Normal value is calculated in accordance with section 773 of the Act. Furthermore, pursuant to sections 776(a)(1), 776(a)(2)(A)–(C), and 776(b) of the Act, Commerce preliminarily determined Jin Yi Sheng Industrial Co., Ltd. (Jin Yi Sheng)’s margin on the basis of facts available with adverse inferences. For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. All-Others Rate Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in the preliminary determination Commerce shall determine an estimated all-others rate for all exporters and producers not individually examined. This rate shall be an amount equal to the weighted average of the estimated weighted- average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act. In this investigation, Commerce preliminarily assigned a rate based entirely on facts available to Jin Yi Sheng. Therefore, the only rate that is not zero, de minimis or based entirely on facts otherwise available is the rate calculated for Taiwan Shin Yeh Enterprise Co., Ltd. (Shin Yeh). Consequently, the rate calculated for Shin Yeh is also assigned as the rate for all other producers and exporters. Preliminary Determination For the period April 1, 2022, through March 31, 2023, Commerce preliminarily determines that the following estimated weighted-average dumping margins exist: Exporter/producer Estimated weighted- average dumping margin (percent) Taiwan Shin Yeh Enterprise Co., Ltd ........................................... 9.41 Jin Yi Sheng Industrial Co., Ltd * 78.12 Exporter/producer Estimated weighted- average dumping margin (percent) All Others .................................... 9.41 * Rate based on facts available with adverse inferences. 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 entries of subject merchandise, as described in Appendix I, 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 estimated weighted-average dumping margin or the estimated all-others rate, as follows: (1) the cash deposit rate for the respondents listed above will be equal to the company-specific estimated weighted-average dumping margins determined in this preliminary determination; (2) if the exporter is not a respondent identified above, but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted-average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all- others estimated weighted-average dumping margin. These suspension of liquidation instructions will remain in effect until further notice. Disclosure Commerce intends to disclose its calculations and analysis performed in connection with this preliminary determination to interested parties 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 accordance with 19 CFR 351.224(b). Verification As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination. Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last verification report is issued in this investigation. 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.7 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.8 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. 9 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).10 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. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. VerDate Sep<11>2014 17:26 Nov 28, 2023 Jkt 262001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\29NON1.SGM 29NON1 ddrumheller on DSK120RN23PROD with NOTICES1 83384 Federal Register / Vol. 88, No. 228 / Wednesday, November 29, 2023 / Notices 11 See Petitioner’s Letter, ‘‘Petitioner’s Request for Postponement of Final Determination,’’ dated November 3, 2023. 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 petitioner. Pursuant to 19 CFR 351.210(e)(2), Commerce requires that requests by respondents for postponement of a final 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 November 3, 2023, pursuant to 19 CFR 351.210(e), Edsal Manufacturing Co., Inc. (the petitioner), requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed 135 days.11 On November 7, 2023, pursuant to 19 CFR 351.210(e), Shin Yeh also requested that Commerce postpone the final determination, in the event the preliminary determination is affirmative and that provisional measures be extended to a period not to exceed six months. 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 exporter accounts 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. 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. 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 these imports 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: November 21, 2023. Abdelali Elouaradia, Deputy 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 this investigation 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. 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 description of the scope of this investigation is dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope Comments V. Scope of the Investigation VI. Application of Facts Available VII. Discussion of the Methodology VIII. Currency Conversion IX. Recommendation [FR Doc. 2023–26229 Filed 11–28–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–911] Thermal Paper From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2021–2022 AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) preliminarily determines that the sole producer/ exporter subject to this administrative VerDate Sep<11>2014 17:26 Nov 28, 2023 Jkt 262001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\29NON1.SGM 29NON1 ddrumheller on DSK120RN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – AD – Preliminary - Thailand === 83389Federal Register / Vol. 88, No. 228 / Wednesday, November 29, 2023 / Notices 1 See Boltless Steel Shelving Units Prepackaged for Sale from India, Malaysia, Taiwan, Thailand and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigations, 88 FR 32188 (May 19, 2023) (Initiation Notice). 2 See Boltless Steel Shelving Units Prepackaged for Sale from India, Malaysia, Taiwan, Thailand and the Socialist Republic of Vietnam: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations, 88 FR 63063 (September 14, 2023). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Determination in the Less-Than-Fair-Value Investigation of Boltless Steel Shelving Units Prepackaged for Sale from Thailand,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 5 See Initiation Notice, 88 FR at 32189. 6 See Memorandum, ‘‘Preliminary Scope Decision Memorandum,’’ dated November 13, 2023 (Preliminary Scope Decision Memorandum). 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 this investigation 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. 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 Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope Comments V. Scope of the Investigation VI. Application of Facts Available and Use of Adverse Inference VII. Discussion of the Methodology VIII. Currency Conversion IX. Recommendation [FR Doc. 2023–26232 Filed 11–28–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–549–846] Boltless Steel Shelving Units Prepackaged for Sale From Thailand: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 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 boltless steel shelving units prepackaged for sale (boltless steel shelving) from Thailand are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2022, through March 31, 2023. Interested parties are invited to comment on this preliminary determination. DATES : Applicable November 29, 2023. FOR FURTHER INFORMATION CONTACT : Fred Baker, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 202–482–6274. 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 May 19, 2023.1 On September 14, 2023, Commerce postponed the preliminary determination of this investigation until November 21, 2023. 2 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 https:// access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Scope of the Investigation The product covered by this investigation is boltless steel shelving units from Thailand. 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 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. For a summary of the product coverage comments and rebuttal responses submitted to the record for this preliminary determination, and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum.6 As VerDate Sep<11>2014 17:26 Nov 28, 2023 Jkt 262001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\29NON1.SGM 29NON1 ddrumheller on DSK120RN23PROD with NOTICES1 83390 Federal Register / Vol. 88, No. 228 / Wednesday, November 29, 2023 / Notices 7 With two respondents under examination, Commerce normally calculates: (A) a weighted- average of the estimated weighted-average dumping margins calculated for the examined respondents; (B) a simple average of the estimated weighted- average dumping margins calculated for the examined respondents; and (C) a weighted-average of the estimated weighted-average dumping margins calculated for the examined respondents using each company’s publicly-ranged U.S. sales values for the merchandise under consideration. Commerce then compares (B) and (C) to (A) and selects the rate closest to (A) as the most appropriate rate for all other producers and exporters. See Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed-Circumstances Review, and Revocation of an Order in Part, 75 FR 53661, 53662 (September 1, 2010), and accompanying Issues and Decision Memorandum at Comment1. As complete publicly ranged sales data was available, Commerce based the all-others rate on the publicly ranged sales data of the mandatory respondents. For a complete analysis of the data, see the All-Others Rate Calculation Memorandum. 8 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). 9 See 19 351.309(c)(2) and (d)(2). 10 We use the term ‘‘issue’’ here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. discussed in the Preliminary Scope Decision Memorandum, Commerce preliminarily did not modify the scope language as it appeared in the Initiation Notice. In the Preliminary Scope Decision Memorandum, Commerce established deadlines for parties to submit scope case and rebuttal briefs as well as a deadline to request a hearing on issues raised in the scope briefs. 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. Normal value is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. All Others Rate Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in the preliminary determination Commerce shall determine an estimated all-others rate for all exporters and producers not individually examined. This rate shall be an amount equal to the weighted average of the estimated weighted- average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act. For this preliminary determination, Commerce calculated estimated weighted-average dumping margins for Bangkok Sheet and Siam Metal that are not zero, de minimis, or based entirely on facts otherwise available. Commerce calculated the all-others rate using a weighted average of the estimated weighted-average dumping margins calculated for the examined respondents using each company’s publicly-ranged values for the merchandise under consideration.7 Preliminary Determination of the Investigation For the period April 1, 2022, through March 31, 2023, Commerce preliminarily determines that the following estimated weighted-average dumping margins exist: Exporter Producer Weighted- average dumping margin (percent) Bangkok Sheet Metal Public Co. (Bangkok Sheet Metal) ......... Bangkok Sheet Metal Public Co. (Bangkok Sheet Metal) ......... 2.54 Siam Metal Tech Co., Ltd. (Siam Metal Tech) .......................... Siam Metal Tech Co., Ltd. (Siam Metal Tech) .......................... 7.58 All-others rate ............................................................................. All-other Thai producers/exporters, not selected ....................... 5.55 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 Appendix I, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. 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 estimated weighted-average dumping margin or the estimated all- others rate, as follows: (1) the cash deposit rate for the respondents listed above will be equal to the company- specific estimated weighted-average dumping margins determined in this preliminary determination; (2) if the exporter is not a respondent identified above, but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted- average dumping margin established for that producer of the subject merchandise. These suspension of liquidation instructions will remain in effect until further notice. Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of any public announcement or, if there is a no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). 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 may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last verification report is issued in this investigation. 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.8 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.9 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. 10 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 VerDate Sep<11>2014 17:26 Nov 28, 2023 Jkt 262001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\29NON1.SGM 29NON1 ddrumheller on DSK120RN23PROD with NOTICES1 83391Federal Register / Vol. 88, No. 228 / Wednesday, November 29, 2023 / Notices 11 See APO and Service Final Rule. 12 See Bangkok Sheet and Siam Metal’s Letter, ‘‘Request to Extend Final Determination,’’ dated November 1, 2023. 13 See Petitioner’s Letter, ‘‘Petitioner’s Request for Postponement of Final Determination,’’ dated November 3, 2023. 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). 11 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 the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. 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 petitioner. 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 November 1, 2023, the respondents, Bangkok Sheet and Siam Metal, requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed 135 days.12 On November 3, 2023, pursuant to 19 CFR 351.210(e), Edsal Manufacturing Co., Inc. (the petitioner), also requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed 135 days. 13 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 accounts 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’s final determination will be issued no later than 135 days after the date of publication of this preliminary determination. 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 these 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: November 21, 2023. Abdelali Elouaradia, Deputy 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 include 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, 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 VerDate Sep<11>2014 17:26 Nov 28, 2023 Jkt 262001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\29NON1.SGM 29NON1 ddrumheller on DSK120RN23PROD with NOTICES1 83392 Federal Register / Vol. 88, No. 228 / Wednesday, November 29, 2023 / Notices 1 See Boltless Steel Shelving Units Prepackaged for Sale from India, Malaysia, Taiwan, Thailand and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigations, 88 FR 32188 (May 19, 2023) (Initiation Notice). 2 See Boltless Steel Shelving Units Prepackaged for Sale from India, Malaysia, Taiwan, Thailand and the Socialist Republic of Vietnam: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations, 88 FR 63063 (September 14, 2023). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Determination in the Less-Than-Fair-Value Investigation of Boltless Steel Shelving Units Prepackaged for Sale from the Socialist Republic of Vietnam,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 5 See Initiation Notice, 88 FR at 32189. 6 See Memorandum, ‘‘Preliminary Scope Decision Memorandum,’’ dated November 13, 2023 (Preliminary Scope Decision Memorandum). 7 See Initiation Notice, 88 FR at 32188. 8 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 https://access.trade.gov/Resources/policy/bull05- 1.pdf. 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 Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope Comments V. Scope of the Investigation VI. Discussion of the Methodology VII. Currency Conversion VIII. Recommendation [FR Doc. 2023–26230 Filed 11–28–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–552–835] Boltless Steel Shelving Units Prepackaged for Sale From the Socialist Republic of Vietnam: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 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 boltless steel shelving units prepackaged for sale (boltless steel shelving) from the Socialist Republic of Vietnam (Vietnam) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is October 1, 2022, through March 31, 2023. Interested parties are invited to comment on this preliminary determination. DATES : Applicable November 29, 2023. FOR FURTHER INFORMATION CONTACT : Eliza DeLong or Eric Hawkins, 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) 482–3878 or (202) 482–1988, 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 May 19, 2023.1 On September 14, 2023, Commerce postponed the preliminary determination of this investigation until November 21, 2023. 2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum. 3 A list of topics discussed 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 https:// access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Scope of the Investigation The product covered by this investigation is boltless steel shelving from Vietnam. 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 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. For a summary of the product coverage comments and rebuttal responses submitted to the record for this preliminary determination, and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum.6 As discussed in the Preliminary Scope Decision Memorandum, Commerce preliminarily did not modify the scope language as it appeared in the Initiation Notice. In the Preliminary Scope Decision Memorandum, Commerce established deadlines for parties to submit scope case and rebuttal briefs as well as a deadline to request a hearing on issues raised in the scope briefs. 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. Because Vietnam is a non-market economy country, within the meaning of section 771(18) of the Act, Commerce has calculated normal value in accordance with section 773(c) of the Act. Furthermore, pursuant to sections 776(a) and (b) of the Act, Commerce preliminarily has relied upon facts otherwise available, with adverse inferences, to assign a dumping margin for the Vietnam-wide entity. Further, we are preliminarily not individually examining Thanh Phong Production and Trade Limited Company as a mandatory respondent because it did not have any sales of subject merchandise during the POI. For a full description of the methodology underlying Commerce’s preliminary determination, see the Preliminary Decision Memorandum. Vietnam-Wide Entity Commerce finds that two companies, Cuong Nghia Imp. Exp. and Parkway Thanh Phong Co., have not established eligibility for a separate rate and are considered to be part of the Vietnam- wide entity for the preliminary determination. Combination Rates In the Initiation Notice,7 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. 8 In this investigation, we assigned producer/exporter combination rates for Xinguang (Vietnam) Logistic Equipment Co., Ltd (Xinguang Vietnam), i.e., the sole respondent eligible for a separate rate. VerDate Sep<11>2014 17:26 Nov 28, 2023 Jkt 262001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\29NON1.SGM 29NON1 ddrumheller on DSK120RN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – AD – Final - Malaysia === 28736 Federal Register / Vol. 89, No. 77 / Friday, April 19, 2024 / Notices 1 See Boltless Steel Shelving Units Prepackaged for Sale from Malaysia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 88 FR 83386 (November 29, 2023) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Decision Memorandum for the Final Affirmative Determination of Sales at Less-Than-Fair-Value Boltless Steel Shelving Units Prepackaged for Sale from Malaysia,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 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). 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). 5 See Preliminary Determination, 88 FR at 83388. 6 See Issues and Decision Memorandum at Comment 1. 7 See Preliminary Determination, 88 FR at 83387. 8 Id. 9 See Memorandum, ‘‘Verification Cancellation and Establishment of Briefing Schedule,’’ dated January 22, 2024. email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you may ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Sheleen Dumas, Department PRA Clearance Officer, Office of the Under Secretary for Economic Affairs, Commerce Department. [FR Doc. 2024–08422 Filed 4–18–24; 8:45 am] BILLING CODE 3510–33–P DEPARTMENT OF COMMERCE International Trade Administration [A–557–824] Boltless Steel Shelving Units Prepackaged for Sale From Malaysia: Final Affirmative 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 imports of boltless steel shelving units prepackaged for sale (boltless steel shelving) from Malaysia are being, or are 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 : Samuel Frost, 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) 482–8180. SUPPLEMENTARY INFORMATION : Background On November 29, 2023, Commerce published in the Federal Register its preliminary affirmative determination in this investigation, in which we also postponed the final determination until April 12, 2024. 1 We invited parties to comment on the Preliminary Determination. 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. Scope of the Investigation The product covered by this investigation is boltless steel shelving from Malaysia. 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 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. Verification In the Preliminary Determination, Commerce stated that it intended to verify the information relied upon in making its final determination. 5 However, due to circumstances discussed in the Issues and Decision Memorandum, Commerce declined to conduct any verifications in this investigation.6 Analysis of Comments Received All issues raised in the case and rebuttal briefs by interested parties in this investigation are addressed 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 have made certain changes since the Preliminary Determination. For a discussion of these changes, see the Issues and Decision Memorandum. Use of Adverse Facts Available As discussed in the Preliminary Determination, Commerce assigned to certain mandatory respondents in this investigation, Nanjing Chervon Industry Co., Ltd. (Nanjing Chervon) and Wuxi Bote Electrical Apparatus Co., Ltd. (Wuxi Bote), estimated weighted- average dumping margins on the basis of adverse facts available (AFA), pursuant to sections 776(a) and (b) of the Tariff Act of 1930, as amended (the Act). 7 There is no new information on the record that would cause us to revisit our decision in the Preliminary Determination. Accordingly, for this final determination, we continue to find that the application of AFA pursuant to sections 776(a) and (b) of the Act is warranted with respect to Nanjing Chervon and Wuxi Bote. Moreover, in the Preliminary Determination, Commerce calculated an estimated weighted-average dumping margin of zero for Eonmetall Industries Sdn. Bhd. (EMI). 8 However, following the Preliminary Determination, we determined that information submitted by EMI in this investigation is unverifiable.9 Therefore, as explained in the Issues and Decision Memorandum, we find that EMI failed to provide verifiable information and did not cooperate to the best of its ability in this proceeding. As such, for this final determination, we determine it is also appropriate to apply a dumping margin based on AFA to EMI, in accordance with sections 776(a) and (b) of the Act. For further discussion, see the Issues and Decision Memorandum. VerDate Sep<11>2014 02:06 Apr 19, 2024 Jkt 262001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 lotter on DSK11XQN23PROD with NOTICES1 28737Federal Register / Vol. 89, No. 77 / Friday, April 19, 2024 / Notices 10 See, e.g., Notice of Preliminary Determination of Sales at Less Than Fair Value: Sodium Nitrite from the Federal Republic of Germany, 73 FR 21909, 21912 (April 23, 2008), unchanged in Notice of Final Determination of Sales at Less Than Fair Value: Sodium Nitrite from the Federal Republic of Germany, 73 FR 38986, 38987 (July 8, 2008), and accompanying Issues and Decision Memorandum at Comment 2; see also Notice of Final Determination of Sales at Less Than Fair Value: Raw Flexible Magnets from Taiwan, 73 FR 39673, 39674 (July 10, 2008); and Steel Threaded Rod from Thailand: Preliminary Determination of Sales at Less Than Fair Value and Affirmative Preliminary Determination of Critical Circumstances, 78 FR 79670, 79671 (December 31, 2013), unchanged in Steel Threaded Rod from Thailand: Final Determination of Sales at Less Than Fair Value and Affirmative Final Determination of Critical Circumstances, 79 FR 14476, 14477 (March 14, 2014). 11 See Edsal Manufacturing Co., Inc. (Petitioner)’s Letter, ‘‘Boltless Steel Shelving Units Prepackaged for Sale from India, Malaysia, Taiwan, Thailand, and Vietnam—Petition for the Imposition of Antidumping Duties’’ dated April 25, 2023 (Petition) at Volume III; see also Petitioner’s Letter, ‘‘Boltless Steel Shelving Units Prepackaged for Sale from Malaysia—Petitioner’s Response to the Department’s Second Supplemental Questionnaire Regarding Volume III of the Petition for the Imposition of Antidumping Duties on Imports from Malaysia,’’ dated May 8, 2023. 12 See Checklist, ‘‘Antidumping Duty Investigation Initiation Checklist: Boltless Steel Shelving Units Prepackaged for Sale from Malaysia,’’ dated May 15, 2023 (Initiation Checklist), at 7. 13 For additional discussion of this issue, see the Issues and Decision Memorandum at Comment 2. All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated weighted- average dumping margin for all other producers and exporters not individually investigated shall be equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated excluding rates that are zero, de minimis, or determined entirely under section 776 of the Act. Pursuant to section 735(c)(5)(B) of the Act, if the estimated weighted-average dumping margins established for all exporters and producers individually examined are zero, de minimis or determined based entirely on facts otherwise available, Commerce may use any reasonable method to establish the estimated weighted-average dumping margin for all other producers or exporters. Consequently, pursuant to section 735(c)(5)(B) of the Act, Commerce’s normal practice under these circumstances has been to calculate the all-others rate as a simple average of the alleged dumping margins(s) from the petition.10 In the Petition, the petitioner provided two dumping margins, 35.45 percent and 81.12 percent.11 Therefore, in the absence of any estimated weighted- average dumping margin on the record of this investigation that is not zero, de minimis, or determined entirely under section 776 of the Act, we are assigning the simple average of the two dumping margins in the Initiation Checklist, i.e., 58.29 percent, as the all-others rate.12 Final Determination The final estimated dumping margins are as follows: Producer/exporter Estimated dumping margins (percent) Eonmetall Industries Sdn. Bhd .................................... * 81.12 Nanjing Chervon Industry Co., Ltd ............................. * 81.12 Wuxi Bote Electrical Appa- ratus Co., Ltd .................... * 81.12 All Others .............................. 58.29 * Rate based on facts available with adverse inferences. Disclosure Normally, Commerce will disclose to the parties in a proceeding the calculations performed in connection with a 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 the notice of final determination in the Federal Register, in accordance with 19 CFR 351.224(b). However, because Commerce relied solely on the application of AFA for the mandatory respondents in this investigation, there are no calculations to disclose for this final determination. Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, Commerce will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of subject merchandise as described in Appendix I of this notice, which were entered, or withdrawn from warehouse, for consumption, on or after November 29, 2023, the date of publication of the Preliminary Determination in the Federal Register, except for those entries of subject merchandise produced and exported by EMI. In accordance with section 735(c)(1)(B) of the Act, for EMI, Commerce will direct CBP to suspend liquidation of all subject merchandise as described in Appendix I of this notice, which were entered, or withdrawn from warehouse, for consumption, on or after the date of publication of this notice in the Federal Register.13 Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), Commerce will instruct CBP to require a cash deposit equal to the estimated weighted-average dumping margin or the estimated all-others rate, as follows: (1) the cash deposit rate for the respondents listed above will be equal to the company-specific estimated dumping margins determined in this final determination; (2) if the exporter is not a respondent identified above but the producer is, then the cash deposit rate will be equal to the company- specific estimated dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated dumping margin. These suspension of liquidation instructions will remain in effect until further notice. U.S. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the U.S. International Trade Commission (ITC) of our final affirmative determination of sales at LTFV. Because the final determination in this proceeding is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of boltless steel shelving from Malaysia no later than 45 days after this final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all cash deposits will be refunded or canceled, and suspension of liquidation will be lifted. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise that are entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ‘‘Suspension of Liquidation’’ section. Administrative Protective Order This notice serves as the only 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 written notification of the return or destruction of APO materials or conversion to judicial protective order is VerDate Sep<11>2014 02:06 Apr 19, 2024 Jkt 262001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 lotter on DSK11XQN23PROD with NOTICES1 28738 Federal Register / Vol. 89, No. 77 / Friday, April 19, 2024 / Notices 1 See Boltless Steel Shelving Units Prepackaged for Sale from Thailand: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 88 FR 83389 (November 29, 2023) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Boltless Steel Shelving Units Prepackaged from Thailand: Amended Preliminary Determination of Sales at Less-Than-Fair-Value, 89 FR 62 (January 2, 2024) (Amended Preliminary Determination), and accompanying Amended Preliminary Determination Analysis Memorandum. 3 See Boltless Steel Shelving Units Prepackaged for Sale from Thailand: Preliminary Affirmative Determination of Sales at Less Than Fair Value and Amended Preliminary Determination of Sales at Less Than Fair Value; Correction, 89 FR 4591 (January 24, 2024) (Correction Notice). hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. Notification to Interested Parties This final determination and notice are 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 this investigation 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. 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. Changes From the Preliminary Determination IV. Use of Facts Otherwise Available and Adverse Inference V. Discussion of the Issues Comment 1: Whether Commerce’s Post- Preliminary Decision to Cancel Verification and Apply Adverse Facts Available (AFA) to EMI was Appropriate Comment 2: Whether Commerce Should Order Suspension of Liquidation of EMI’s Entries Dating Back to the Preliminary Determination VI. Recommendation [FR Doc. 2024–08374 Filed 4–18–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–549–846] Boltless Steel Shelving Units Prepackaged for Sale From Thailand: Final Affirmative 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 Thailand are being, or are 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 : Fred Baker, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2924. SUPPLEMENTARY INFORMATION : Background On November 29, 2023, Commerce published in the Federal Register its preliminary affirmative determination in this investigation, in which we also postponed the final determination until April 12, 2024. 1 On January 2, 2024, Commerce published in the Federal Register its Amended Preliminary Determination.2 We published a correction to the Preliminary Determination and Amended Preliminary Determination on January 24, 2024.3 We invited parties to comment on the Preliminary Determination. A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a VerDate Sep<11>2014 02:06 Apr 19, 2024 Jkt 262001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 lotter on DSK11XQN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – AD – Final - Taiwan === 28741Federal Register / Vol. 89, No. 77 / Friday, April 19, 2024 / Notices 1 See Boltless Steel Shelving Units Prepackaged for Sales from Taiwan: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 88 FR 83382 (November 29, 2023) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Decision Memorandum for the Final Affirmative Determination in the Less Than Fair Value Investigation of Boltless Steel Shelving Prepackaged for Sales from Taiwan,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 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). 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). 5 See Memoranda, ‘‘Verification of the Sales Response of Shin Yeh in the Antidumping Investigation of Boltless Steel Shelving Units Prepackaged for Sale from Taiwan,’’ dated February 29, 2024 ; and ‘‘Verification of the Cost Response of Taiwan Shin Yeh Enterprise Co., Ltd. in the Antidumping Duty Investigation of Boltless Steel Shelving Units Prepackaged for Sale from Taiwan,’’ dated March 8, 2024. 6 See Shin Yeh’s Letter, ‘‘Shin Yeh Response to Request for Revised Sales Data,’’ dated January 31, 2024. 7 See Memorandum, ‘‘Cost of Production and Constructed Value Calculation Adjustments for the Final Determination—Taiwan Shin Yeh Enterprise Co., Ltd.,’’ dated concurrently with this memorandum (Final Cost Calculation Memorandum). 8 Id., see also Memorandum, ‘‘Final Determination Analysis Memorandum for Shin Yeh,’’ dated concurrently with this memorandum; dated concurrently with this memorandum (Final Sales Calculation Memorandum). 9 See Preliminary Determination, 88 FR at 83383. 10 See Preliminary Determination PDM at 7. Comment 6: Whether Commerce Should Revise Bangkok Sheet’s G&A Expenses to Remove the Prior Year’s Bad Debt Allowance Comment 7: Whether Commerce Should Revise Bangkok Sheet’s Costs to Correct Understated Direct Material Costs, Labor Costs, and Should Include Allowance for Obsolete Goods Comment 8: Whether Commerce Should Apply Its Cohen’s d Test VII. Recommendation [FR Doc. 2024–08373 Filed 4–18–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–583–871] Boltless Steel Shelving Units Prepackaged for Sale From Taiwan: Final Affirmative 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 Taiwan are being, or are 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 : Joy Zhang, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1168. SUPPLEMENTARY INFORMATION : Background On November 29, 2023, Commerce published in the Federal Register its preliminary affirmative determination in this investigation, in which we also postponed the final determination until April 12, 2024. 1 We invited parties to comment on the Preliminary Determination. 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. Scope of the Investigation The product covered by this investigation is boltless steel shelving from Taiwan. 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 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. Verification Commerce verified the sales and cost information relied upon in making its final determination in this investigation, in accordance 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, U.S. sales, and cost of production responses submitted by Taiwan Shin Yeh Enterprise Co., Ltd (Shin Yeh).5 Analysis of Comments Received All issues raised in the case and rebuttal briefs submitted by interested parties in this investigation are addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is attached to this notice as Appendix II. Changes Since the Preliminary Determination We are incorporating Shin Yeh’s revised home market and U.S. sales database submitted on January 31, 2024, which reflects changes from minor corrections Shin Yeh submitted at verification. 6 We also have adjusted Shin Yeh’s reported costs. 7 These minor corrections and cost adjustments resulted in a change to the estimated weighted-average dumping margin calculated for Shin Yeh from the Preliminary Determination.8 Use of Adverse Facts Available (AFA) As discussed in the Preliminary Determination, Commerce assigned to a mandatory respondent in this investigation, Jin Yi Sheng Industrial Co., Ltd. (Jin Yi Sheng) an estimated weighted-average dumping margins on the basis of adverse facts available (AFA), pursuant to sections 776(a) and (b) of the Act.9 There is no new information on the record that would cause us to revisit our decision in the Preliminary Determination. Accordingly, for the reasons explained in the Preliminary Determination, and consistent with Commerce’s practice, as AFA, we assigned Jin Yi Sheng the highest corroborated dumping margin alleged in the petition. 10 All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated weighted- average dumping margin for all other VerDate Sep<11>2014 02:06 Apr 19, 2024 Jkt 262001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 lotter on DSK11XQN23PROD with NOTICES1 28742 Federal Register / Vol. 89, No. 77 / Friday, April 19, 2024 / Notices producers and exporters not individually investigated shall be equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated excluding rates that are zero, de minimis, or determined entirely under section 776 of the Act. In this investigation, Commerce assigned a rate based entirely on facts available to Jin Yi Sheng. Therefore, the only rate that is not zero, de minimis or based entirely on facts otherwise available is the rate calculated for Shin Yeh. Consequently, the rate calculated for Shin Yeh is also assigned as the rate for all other producers and exporters. Final Determination Commerce determines that the following estimated weighted-average dumping margins exist for the POI: Exporter/producer Weighted- average dumping margin (percent) Taiwan Shin Yeh Enterprise Co., Ltd ............................. 8.09 Jin Yi Sheng Industrial Co., Ltd ..................................... * 78.12 All Others .............................. 8.09 * Rate based on AFA. Disclosure Commerce intends to disclose its calculations performed in connection with 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). Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, Commerce will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of subject merchandise as described in Appendix I of this notice, which were entered, or withdrawn from warehouse, for consumption, on or after November 29, 2023, the date of publication of the Preliminary Determination in the Federal Register. Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), upon the publication of this notice, we will instruct CBP to require a cash deposit for estimated antidumping duties for such entries as follows: (1) the cash deposit rate for each respondent listed in the table above is the company- specific estimated weighted-average dumping margin listed for the respondent in the table; (2) if the exporter is not the respondent listed in the table above, but the producer is, then the cash deposit rate is the company-specific estimated weighted- average dumping margin listed for the producer of the subject merchandise in the table above; and (3) the cash deposit rate for all other producers and exporters is the all-others estimated weighted-average dumping margin listed in the table above. These suspension of liquidation instructions will remain in effect until further notice. U.S. International Trade Commission Notification In accordance with section 735(d) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its final affirmative determination of sales at LTFV. Because Commerce’s final determination is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports or sales (or the likelihood of sales) for importation of tin mill products no later than 45 days after this final determination. If the ITC determines that such injury does not exist, this proceeding will be terminated, all cash deposits posted will be refunded, and suspension of liquidation will be lifted. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed in the ‘‘Continuation of Suspension of Liquidation’’ section above. Administrative Protective Order This notice serves as the only 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 determination and this notice are 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 this investigation 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 VerDate Sep<11>2014 02:06 Apr 19, 2024 Jkt 262001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 lotter on DSK11XQN23PROD with NOTICES1 28743Federal Register / Vol. 89, No. 77 / Friday, April 19, 2024 / Notices 1 See Boltless Steel Shelving Units from the Socialist Republic of Vietnam: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 88 FR 83392 (November 29, 2023) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Decision Memorandum for the Final Affirmative Determination in the Less- Than-Fair-Value Investigation of Boltless Steel Shelving Units Prepackaged for Sale from the Socialist Republic of Vietnam,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 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). 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). 5 See Memoranda, ‘‘Verification of the Questionnaire Responses of Thanh Phong Production and Trade Limited Company in the Less-Than-Fair-Value Investigation of Boltless Steel Shelving Units Prepackaged for Sale from the Socialist Republic of Vietnam,’’ dated February 13, 2024; and ‘‘Verification of the Questionnaire Responses of Xinguang (Vietnam) Logistic Continued 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 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. Period of Investigation IV. Changes Since the Preliminary Determination V. Discussion of the Issues Comment 1: Shin Yeh’s Proposed Minor Corrections Related to Credit Expenses Comment 2: Whether to Treat ‘‘Bolted’’ Shelving Units as ‘‘Welded’’ Racks for CONNUM Purposes Comment 3: Whether to Revise Shin Yeh’s Costs Comment 4: Calculation Programming Issues VI. Recommendation [FR Doc. 2024–08372 Filed 4–18–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–552–835] Boltless Steel Shelving Units Prepackaged for Sale From the Socialist Republic of Vietnam: Final Affirmative 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 imports of boltless steel shelving units prepackaged for sale (boltless steel shelving) from the Socialist Republic of Vietnam (Vietnam) are being, or likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is October 1, 2022, through March 31, 2023. DATES : Applicable April 19, 2024. FOR FURTHER INFORMATION CONTACT : Eliza DeLong or Eric Hawkins, 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) 482–3878 or (202) 482–1988, respectively. SUPPLEMENTARY INFORMATION : Background On November 29, 2023, Commerce published in the Federal Register its preliminary affirmative determination in the LTFV investigation of boltless steel shelving from Vietnam. 1 We invited parties to comment on the Preliminary Determination. 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. Scope of the Investigation The product covered by this investigation is boltless steel shelving from Vietnam. 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 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. Verification Commerce verified the sales and factors of production information submitted by Xinguang (Vietnam) Logistic Equipment Co., Ltd (Xinguang Vietnam) and the sales information submitted by Thanh Phong Production and Trade Limited Company (Thanh Phong) for use in our final determination, consistent with section 782(i) of the Tariff Act of 1930, as amended (the Act). We used standard verification procedures, including an examination of relevant sales and accounting records, and original source documents provided by Xinguang Vietnam and Thanh Phong. 5 VerDate Sep<11>2014 02:06 Apr 19, 2024 Jkt 262001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 lotter on DSK11XQN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – AD – Final - India === 28746 Federal Register / Vol. 89, No. 77 / Friday, April 19, 2024 / Notices 3 Defined in 19 U.S.C. 1677(5). 4 Defined in 19 U.S.C. 1677(6). 5 The 27 member states of the European Union are: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden. 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. 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). 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). information is developed. Commerce encourages any person having information on foreign government subsidy programs which benefit articles of cheese subject to an in-quota rate of duty to submit such information in writing through the Federal eRulemaking Portal at https:// www.regulations.gov, Docket No. ITA– 2020–0005, ‘‘Quarterly Update to Cheese Subject to an In-Quota Rate of Duty.’’ The materials in the docket will not be edited to remove identifying or contact information, and Commerce cautions against including any information in an electronic submission that the submitter does not want publicly disclosed. Attachments to electronic comments will be accepted in Microsoft Word, Excel, or Adobe PDF formats only. All comments should be addressed to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. This determination and notice are in accordance with section 702(a) of the Act. Dated: April 15, 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 SUBSIDY PROGRAMS ON CHEESE SUBJECT TO AN IN-QUOTA RATE OF DUTY Country Program(s) Gross 3 subsidy ($/lb) Net 4 subsidy ($/lb) 27 European ............................................ Union Member ......................................... States 5 .................................................... European Union Restitution .................... Payments ................................................. 0.00 .......................................................... 0.00 Canada .................................................... Export Assistance on .............................. Certain Types of Cheese ........................ 0.47 .......................................................... 0.47 Norway ..................................................... Indirect (Milk) Subsidy ............................. 0.00 .......................................................... 0.00 Consumer Subsidy .................................. 0.00 .......................................................... 0.00 Total ......................................................... 0.00 .......................................................... 0.00 Switzerland .............................................. Deficiency Payments ............................... 0.00 .......................................................... 0.00 [FR Doc. 2024–08405 Filed 4–18–24; 8:45 am] BILLING CODE 3510–DS–P 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. 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. 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 VerDate Sep<11>2014 02:06 Apr 19, 2024 Jkt 262001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 lotter on DSK11XQN23PROD with NOTICES1 28747Federal Register / Vol. 89, No. 77 / Friday, April 19, 2024 / Notices 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). 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). 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). 8 See Preliminary Determination, 88 FR at 83396. 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. 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 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 Final Determination The final estimated weighted-average dumping margin is as follows: Exporter/producer Estimated weighted- average dumping margin (percent) Triune Technofab Private Limited ............................... 0.00 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. 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, VerDate Sep<11>2014 02:06 Apr 19, 2024 Jkt 262001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 lotter on DSK11XQN23PROD with NOTICES1 28748 Federal Register / Vol. 89, No. 77 / Friday, April 19, 2024 / Notices 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 DEPARTMENT OF COMMERCE Minority Business Development Agency [Docket No.: 240229–0064] Minority Business Development Agency’s Request for Public Comment and Notice of Tribal Consultation Meetings AGENCY : Minority Business Development Agency, Department of Commerce ACTION : Notice of meeting and request for comments. SUMMARY : The Minority Business Development Agency (MBDA) plans to establish a period for the submission and acceptance of written comments from the public through Sunday, June 16, 2024 and conduct virtual Tribal consultation meetings on Friday, May 17, 2024. DATES : The Tribal consultation meetings will be held virtually on Friday, May 17, 2024. Additional information regarding the consultation meetings will be posted on MBDA’s website at https:// www.mbda.gov/tribalconsult2024. The Tribal consultation meetings will be recorded and transcribed so that MBDA can retain valuable input and feedback. ADDRESSES : Please submit all comments in response to the questions presented in this notice at www.regualtions.gov. To access the docket where comments may be submitted, please enter ‘‘DOC– 2024–0003’’ in the search bar. Written comments must be submitted no later than 11:59 p.m. EDT, June 16, 2024. FOR FURTHER INFORMATION CONTACT : Mr. Curtis Doster, Jr., Associate Director, Office of Legislative, Education and Intergovernmental Affairs, Minority Business Development Agency, at (202) 482–2332; or by email at MBDA-OLIA@ mbda.gov. SUPPLEMENTARY INFORMATION : I. Background Pursuant to Executive Order 13175, ‘‘Consultation and Coordination with Indian Tribal Governments,’’ the Federal government has established a practice of conducting consultations with Tribal governments that are designed to provide ‘‘regular and meaningful consultation and collaboration with Tribal officials in the development of Federal policies that have Tribal implications[.]’’ The requirements under E.O. 13175 are currently implemented by the United States Department of Commerce under Department Administrative Order (DAO) 218–8, effective April 26, 2012. The Department of Commerce further sets out its policy in the Tribal Consultation Policy of the U.S. Department of Commerce, available at: https://www.commerce.gov/files/tribal- consultation-and-coordination-policy- us-department-commerce. The U.S. Government has additionally reiterated its commitment to improving accountable consultation processes in Executive Order 14112, ‘‘Reforming Federal Funding and Support for Tribal Nations to Better Embrace Our Trust Responsibilities and Promote the Next Era of Tribal Self-Determination,’’ the Presidential Memorandum of November 30, 2022 (Uniform Standards for Tribal Consultation), and the Presidential Memorandum of January 26, 2021 (Tribal Consultation and Strengthening Nation-to-Nation Relationships). MBDA’s Office of Legislative, Education, and Intergovernmental Affairs (OLEIA) serves as the focal point for Tribal consultation on policy, regulatory and legislative issues that will have a direct impact on American Indian, Alaska Native, and Native Hawaiian (AIANNH) communities. The Tribal consultation meetings will be conducted in conjunction with MBDA’s Office of Business Centers, Office of Data, Research and Evaluation and Office of Grants Management which document evidence and design and manage business development services, including services that may be of interest to Native American, Alaska Native and Native Hawaiian entrepreneurs and Tribe-owned businesses. Outreach specific to the AIANNH populations is one part of the overall efforts of MBDA to ensure members of Native communities are able to learn about and access programs and services. MBDA is the only Federal agency created specifically to foster the growth and global competitiveness of minority business enterprises (MBEs). MBDA actively promotes the growth and expansion of MBEs by offering management and technical assistance, including through a nationwide network of AIANNH projects. AIANNH projects address strategic initiatives that may include innovation and entrepreneurship (e.g., business training, access to capital, incubators, accelerators, Federal program coaching); strategic planning (e.g., fostering, developing and/or implementing entrepreneurial and economic development); and transformative projects (e.g., support for MBEs involved in infrastructure focused public-private partnerships, and broadband). VerDate Sep<11>2014 02:06 Apr 19, 2024 Jkt 262001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 lotter on DSK11XQN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === USITC Termination – AD – India === 33395Federal Register / Vol. 89, No. 83 / Monday, April 29, 2024 / Notices conversion to a new term, including perpetuity, if applicable. The land identified is not needed for any Federal purpose. The proposed change of authorized use for lease and/ or conveyance is consistent with the BLM Las Vegas Resource Management Plan dated October 5, 1998, and would be in the public interest. Clark County Real Property Management has not applied for more than the 640-acre annual limitation for public purpose uses and has submitted a statement that their application is for a definite project as required by regulations at 43 CFR 2741.4(b). The change of authorized use for lease and/or conveyance, when issued, will be subject to the provisions of the R&PP Act and applicable regulations of the Secretary of the Interior, and any patent issued will contain the following reservations to the United States: 1. A right-of-way thereon for ditches or canals constructed by the authority of the United States, Act of August 30, 1890 (43 U.S.C. 945); and 2. All minerals shall be reserved to the United States, together with the right to prospect for, mine, and remove such deposits for the same under applicable law and such regulations as the Secretary of the Interior may prescribe; and 3. Any lease and conveyance will also be subject to valid existing rights, will contain any terms or conditions required by law (including, but not limited to, any terms or conditions required by 43 CFR 2741.4), and will contain an appropriate indemnification clause protecting the United States from claims arising out of the lessee’s/ patentee’s use, occupancy, or operations on the leased/patented lands. It will also contain any other terms and conditions deemed necessary and appropriate by the Authorized Officer; and 4. Any other reservations that the authorized officer determines appropriate to ensure public access and proper management of Federal lands and interests therein. The subject public lands described above were previously withdrawn from location and entry under the U.S. mining laws and from operation of the mineral and geothermal leasing laws by the Southern Nevada Public Land Management Act of 1998 (Pub. L. 105– 263), as amended. Upon publication of this notice in the Federal Register, the land described above will be further segregated from all other forms of appropriation under the public land laws, except for lease and conveyance under the R&PP Act. Interested parties may also submit written comments regarding the specific use proposed in the application and plan of development, and whether the BLM followed proper administrative procedures in reaching the decision to lease and convey under the R&PP Act. Comments on the change of authorized use are restricted to whether the land is physically suited for the proposal, whether the use will maximize the future use or uses of the land, whether the use is consistent with local planning and zoning, or if the use is consistent with state and Federal programs. Before including your address, phone number, email, address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Only written comments submitted to the Assistant Field Manager, BLM Las Vegas Field Office, will be considered properly filed. Any adverse comments on the change of authorized use will be reviewed as protests by the BLM Nevada State Director, who may sustain, vacate, or modify this realty action. In the absence of any adverse comments, the decision will become effective on June 28, 2024. Authority: 43 CFR 2741.5. Bruce Sillitoe, Field Manager, Las Vegas Field Office. [FR Doc. 2024–09151 Filed 4–26–24; 8:45 am] BILLING CODE 4331–21–P DEPARTMENT OF THE INTERIOR National Park Service [NPS–WASO–NAGPRA–NPS0037674; PPWOCRADN0–PCU00RP14.R50000] Notice of Intended Repatriation: Memphis Museum of Science and History, Memphis, TN Correction In notice document 2024- 07360, appearing on pages 24495–24496 in the issue of April 8, February 28, 2024, make the following correction: On page 24496, in the first column, on the 8th line from the top, ‘‘733arilyn.masler@memphistn.gov’’ is corrected to read ‘‘marilyn.masler@ memphistn.gov.’’ [FR Doc. C1–2024–07360 Filed 4–26–24; 8:45 am] BILLING CODE 0099–10–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–1607 (Final)] Boltless Steel Shelving Units Prepackaged for Sale From India; Termination of Investigation AGENCY : United States International Trade Commission. ACTION : Notice. SUMMARY : On April 19, 2024, the Department of Commerce published notice in the Federal Register of a negative final determination of sales at less than fair value (LTFV) in connection with the subject investigation concerning India. Accordingly, the antidumping duty investigation concerning boltless steel shelving units prepackaged for sale from India (Investigation No. 731–TA–1607 (Final)) is terminated. DATES : April 19, 2024. FOR FURTHER INFORMATION CONTACT : Jordan Harriman (202–205–2610), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing- impaired individuals are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. Authority: This investigation is being terminated under authority of title VII of the Tariff Act of 1930 and pursuant to section 207.40(a) of the Commission’s Rules of Practice and Procedure (19 CFR 207.40(a)). This notice is published pursuant to section 201.10 of the Commission’s rules (19 CFR 201.10). By order of the Commission. Issued: April 24, 2024. Lisa Barton, Secretary to the Commission. [FR Doc. 2024–09121 Filed 4–26–24; 8:45 am] BILLING CODE 7020–02–P VerDate Sep<11>2014 20:54 Apr 26, 2024 Jkt 262001 PO 00000 Frm 00084 Fmt 4703 Sfmt 9990 E:\FR\FM\29APN1.SGM 29APN1 khammond on DSKJM1Z7X2PROD with NOTICES ──────────────────────────────────────────────────────────── === Determination – AD – Final - Vietnam === 28743Federal Register / Vol. 89, No. 77 / Friday, April 19, 2024 / Notices 1 See Boltless Steel Shelving Units from the Socialist Republic of Vietnam: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 88 FR 83392 (November 29, 2023) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Decision Memorandum for the Final Affirmative Determination in the Less- Than-Fair-Value Investigation of Boltless Steel Shelving Units Prepackaged for Sale from the Socialist Republic of Vietnam,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 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). 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). 5 See Memoranda, ‘‘Verification of the Questionnaire Responses of Thanh Phong Production and Trade Limited Company in the Less-Than-Fair-Value Investigation of Boltless Steel Shelving Units Prepackaged for Sale from the Socialist Republic of Vietnam,’’ dated February 13, 2024; and ‘‘Verification of the Questionnaire Responses of Xinguang (Vietnam) Logistic Continued 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 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. Period of Investigation IV. Changes Since the Preliminary Determination V. Discussion of the Issues Comment 1: Shin Yeh’s Proposed Minor Corrections Related to Credit Expenses Comment 2: Whether to Treat ‘‘Bolted’’ Shelving Units as ‘‘Welded’’ Racks for CONNUM Purposes Comment 3: Whether to Revise Shin Yeh’s Costs Comment 4: Calculation Programming Issues VI. Recommendation [FR Doc. 2024–08372 Filed 4–18–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–552–835] Boltless Steel Shelving Units Prepackaged for Sale From the Socialist Republic of Vietnam: Final Affirmative 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 imports of boltless steel shelving units prepackaged for sale (boltless steel shelving) from the Socialist Republic of Vietnam (Vietnam) are being, or likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is October 1, 2022, through March 31, 2023. DATES : Applicable April 19, 2024. FOR FURTHER INFORMATION CONTACT : Eliza DeLong or Eric Hawkins, 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) 482–3878 or (202) 482–1988, respectively. SUPPLEMENTARY INFORMATION : Background On November 29, 2023, Commerce published in the Federal Register its preliminary affirmative determination in the LTFV investigation of boltless steel shelving from Vietnam. 1 We invited parties to comment on the Preliminary Determination. 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. Scope of the Investigation The product covered by this investigation is boltless steel shelving from Vietnam. 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 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. Verification Commerce verified the sales and factors of production information submitted by Xinguang (Vietnam) Logistic Equipment Co., Ltd (Xinguang Vietnam) and the sales information submitted by Thanh Phong Production and Trade Limited Company (Thanh Phong) for use in our final determination, consistent with section 782(i) of the Tariff Act of 1930, as amended (the Act). We used standard verification procedures, including an examination of relevant sales and accounting records, and original source documents provided by Xinguang Vietnam and Thanh Phong. 5 VerDate Sep<11>2014 02:06 Apr 19, 2024 Jkt 262001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 lotter on DSK11XQN23PROD with NOTICES1 28744 Federal Register / Vol. 89, No. 77 / Friday, April 19, 2024 / Notices Equipment Co., Ltd. in the Less-Than-Fair-Value Investigation of Boltless Steel Shelving Units Prepackaged for Sale from the Socialist Republic of Vietnam,’’ dated February 13, 2024. 6 See Issues and Decision Memorandum. 7 See Preliminary Determination PDM at 6–8. 8 Id. 9 Id. 10 See Initiation Checklist, ‘‘Antidumping Duty Investigation Initiation Checklist: Boltless Steel Shelving Units Prepackaged for Sale from the Socialist Republic of Vietnam,’’ dated May 15, 2023. 11 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,’’ dated April 5, 2005 (Policy Bulletin 05.1), available on Commerce’s website at http://enforcement.trade.gov/policy/bull05-1.pdf. 12 The Vietnam-wide rate is based on facts available with adverse inferences. Analysis of Comments Received All issues raised in the case and rebuttal briefs submitted by interested parties in this investigation are addressed 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 Based on our review and analysis of the comments received from interested parties, we made changes to the margin calculations for Xinguang Vietnam. 6 For a discussion of these changes, see the Issues and Decision Memorandum. Vietnam-Wide Entity and Use of Adverse Facts Available (AFA) Consistent with the Preliminary Determination,7 Commerce continues to find, pursuant to sections 776(a)(1) and (a)(2)(A)–(C) of the Act, that the use of facts available is warranted in determining the rate of the Vietnam- wide entity, which includes Cuong Nghia Imp. Exp. (Cuong Nghia) and Parkway Thanh Phong Co. (Parkway), two companies that were not selected for individual examination 8 that did not respond to our requests for information. Furthermore, we continue to find that an adverse inference is warranted in selecting from the facts otherwise available, pursuant to section 776(b) of the Act and 19 CFR 351.308(a), because the Vietnam-wide entity, including the two companies referred to above, failed to cooperate by not acting to the best of its ability to comply with Commerce’s requests for information. For the final determination, consistent with the Preliminary Determination,9 as AFA, we are continuing to assign the Vietnam- wide entity, including the above- referenced companies, the rate of 224.94 percent, which is the highest margin alleged in the petition. 10 Combination Rates Consistent with the Preliminary Determination and Policy Bulletin 05.1, 11 Commerce calculated a combination rate for Xinguang Vietnam, i.e., the sole respondent eligible for a separate rate. Final Determination The final estimated weighted-average dumping margins are as follows: Exporter Producer Estimated weighted- average dumping margin (percent) Xinguang (Vietnam) Logistic Equipment Co., Ltd ...................... Xinguang (Vietnam) Logistic Equipment Co., Ltd ...................... 181.60 Vietnam-Wide Entity ............................................................................................................................................................................ 12 224.94 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). Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, we will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of subject merchandise entries, as described in Appendix I of this notice, which are entered, or withdrawn from warehouse, for consumption on or after November 29, 2023, the date of publication in the Federal Register of the Preliminary Determination. Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), Commerce will instruct CBP to require a cash deposit equal to the amount by which the normal value exceeds the U.S. price as follows: (1) the cash deposit rate for the exporter/producer combination listed in the table above will be the rate identified in the table; (2) for all combinations of Vietnamese exporters/producers of subject merchandise that have not received their own separate rate above, the cash deposit rate will be the cash deposit rate established for the Vietnam-wide entity; and (3) for all non-Vietnamese exporters of subject merchandise which have not received their own separate rate above, the cash deposit rate will be the cash deposit rate applicable to the Vietnamese exporter/producer combination that supplied that non- Vietnamese exporter. These suspension of liquidation instructions will remain in effect until further notice. U.S. International Trade Commission Notification In accordance with section 735(d) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its final affirmative determination of sales at LTFV. Because the final determination in this proceeding is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of boltless steel shelving from Vietnam no later than 45 days after this final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all cash deposits will be refunded or canceled, and suspension of liquidation will be lifted. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise that are entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed in the VerDate Sep<11>2014 02:06 Apr 19, 2024 Jkt 262001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 lotter on DSK11XQN23PROD with NOTICES1 28745Federal Register / Vol. 89, No. 77 / Friday, April 19, 2024 / Notices 1 See Quarterly Update to Annual Listing of Foreign Government Subsidies on Articles of Cheese Subject to an In-Quota Rate of Duty, 88 FR 78295 (November 15, 2023) (Second Quarter 2023 Update). 2 Id. ‘‘Continuation of Suspension of Liquidation’’ section above. Administrative Protective Order This notice serves as the only 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 written notification of return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is 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 this investigation 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. 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 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. Changes from the Preliminary Determination IV. Use of Facts Otherwise Available V. Discussion of the Issues Comment 1: Whether Thanh Phong Sold Subject Merchandise Comment 2: Selection of Surrogate Financial Statements Comment 3: Whether to Separately Value the Energy Factors of Production (FOPs) Comment 4: Surrogate Value (SV) for Hot- Rolled Steel Comment 5: Whether Certain Raw Materials Should be Part of Overhead Comment 6: How to Treat Wire Fees Comment 7: Treatment of ‘‘Transfer’’ Transactions VI. Recommendation [FR Doc. 2024–08370 Filed 4–18–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Quarterly Update to Annual Listing of Foreign Government Subsidies on Articles of Cheese Subject to an In- Quota Rate of Duty AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES : Applicable April 19, 2024. FOR FURTHER INFORMATION CONTACT : Samuel Brummitt, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Ave. NW, Washington, DC 20230, telephone: (202) 482–7851. SUPPLEMENTARY INFORMATION : On November 15, 2023, the U.S. Department of Commerce (Commerce), pursuant to section 702(h) of the Trade Agreements Act of 1979 (as amended) (the Act), published the quarterly update to the annual listing of foreign government subsidies on articles of cheese subject to an in-quota rate of duty covering the period April 1, 2023, through June 30, 2023.1 In the Second Quarter 2023 Update, we requested that any party that had information on foreign government subsidy programs that benefited articles of cheese subject to an in-quota rate of duty submit such information to Commerce. 2 We received no comments, information, or requests for consultation from any party. Pursuant to section 702(h) of the Act, we hereby provide Commerce’s update of subsidies on articles of cheese that were imported during the period July 1, 2023, through September 30, 2023. The appendix to this notice lists the country, the subsidy program or programs, and the gross and net amounts of each subsidy for which information is currently available. Commerce will incorporate additional programs which are found to constitute subsidies, and additional information on the subsidy programs listed, as the VerDate Sep<11>2014 02:06 Apr 19, 2024 Jkt 262001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 lotter on DSK11XQN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === USITC Determination === 48445Federal Register / Vol. 89, No. 110 / Thursday, June 6, 2024 / Notices 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 2 89 FR 28736, 89 FR 28738, 89 FR 28741, 89 FR 28743, April 19, 2024. 3 On April 19, 2024, Commerce published notice in the Federal Register of a negative final determination in connection with its investigation concerning boltless steel shelving from India (89 FR 28746, April 19, 2024). Accordingly, effective April 19, 2024, the Commission terminated its antidumping duty investigation concerning boltless steel shelving from India (89 FR 33395, April 29, 2024). 210.5(e)(2) (19 CFR 201.6(b) & 210.5(e)(2)). Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. Any non-party wishing to submit comments containing confidential information must serve those comments on the parties to the investigation pursuant to the applicable Administrative Protective Order. A redacted non-confidential version of the document must also be filed simultaneously with any confidential filing and must be served in accordance with Commission Rule 210.4(f)(7)(ii)(A) (19 CFR 210.4(f)(7)(ii)(A)). All information, including confidential business information and documents for which confidential treatment is properly sought, submitted to the Commission for purposes of this investigation may be disclosed to and used: (i) by the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel, solely for cybersecurity purposes. All contract personnel will sign appropriate nondisclosure agreements. All nonconfidential written submissions will be available for public inspection on EDIS. This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in part 210 of the Commission’s Rules of Practice and Procedure (19 CFR part 210). By order of the Commission. Issued: June 3, 2024. Lisa Barton, Secretary to the Commission. [FR Doc. 2024–12456 Filed 6–5–24; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 731–TA–1608–1611 (Final)] Boltless Steel Shelving Units Prepackaged for Sale From Malaysia, Taiwan, Thailand, and Vietnam; Determinations On the basis of the record 1 developed in the subject investigations, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that an industry in the United States is materially injured by reason of imports of boltless steel shelving units prepackaged for sale (‘‘boltless steel shelving’’) from Malaysia, Taiwan, Thailand, and Vietnam, provided for in subheading 9403.20.00 of the Harmonized Tariff Schedule of the United States, that have been found by the U.S. Department of Commerce (‘‘Commerce’’) to be sold in the United States at less than fair value (‘‘LTFV’’). 2 Background The Commission instituted these investigations effective April 25, 2023, following receipt of petitions filed with the Commission and Commerce by Edsal Manufacturing Co., Inc., Chicago, Illinois. The Commission scheduled the final phase of the investigations following notification of preliminary determinations by Commerce that imports of boltless steel shelving from Malaysia, Taiwan, Thailand, and Vietnam were being sold at LTFV within the meaning of § 733(b) of the Act (19 U.S.C. 1673b(b)).3 Notice of the scheduling of the final phase of the Commission’s investigations and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register (88 FR 85914, December 11, 2023). The Commission conducted its hearing on April 11, 2024. All persons who requested the opportunity were permitted to participate. The Commission made these determinations pursuant to § 735(b) of the Act (19 U.S.C. 1673d(b)). It completed and filed its determinations in these investigations on June 3, 2024. The views of the Commission are contained in USITC Publication 5508 (June 2024), entitled Boltless Steel Shelving Units Prepackaged for Sale from Malaysia, Taiwan, Thailand, and Vietnam: Investigation Nos. 731–TA– 1608–1611 (Final). By order of the Commission. Issued: June 3, 2024. Lisa Barton, Secretary to the Commission. [FR Doc. 2024–12451 Filed 6–5–24; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF LABOR Wage and Hour Division Notice of Approved Agency Information Collection; Information Collection: Employment Information Form ACTION : Notice. SUMMARY : In accordance with the Paperwork Reduction Act (PRA), the Wage and Hour Division (WHD) is providing notice to the public that the WHD sponsored information collection request (ICR) titled ‘‘Employment Information Form,’’ has been approved by the Office of Management and Budget (OMB). WHD is notifying the public that the information collection has been revised and extended effective immediately through May 31, 2027. DATES : The OMB approval of the revision of this information collection is effective immediately with an expiration date of May 31, 2027. FOR FURTHER INFORMATION CONTACT : Robert Waterman, Division of Regulations, Legislation, and Interpretation, Wage and Hour, U.S. Department of Labor, Room S–3502, 200 Constitution Avenue NW, Washington, DC 20210; telephone: (202) 693–0406 (this is not a toll-free number) or by sending an email to WHDPRAComments@dol.gov. Alternative formats are available upon request by calling 1–866–487–9243. If you are deaf, hard of hearing, or have a speech disability, please dial 7–1–1 to access telecommunications relay services. SUPPLEMENTARY INFORMATION : On September 8, 2023, consistent with its statutory authority to define and delimit the EAP exemption, the Department published a Notice of Proposed Rulemaking (NPRM) to revise the part 541 regulations (88 FR 62152). At the time, the Department submitted this collection (as a duplicate ICR under OMB Control Number 1235–0NEW) for public comment as this collection (1235–0021) was encumbered by a different rulemaking by the Department. On October 12, 2023, OMB issued a Notice of Action assigning temporary OMB control number 1235–0035 to the duplicate ICR and asking that the Department address any comments VerDate Sep<11>2014 17:12 Jun 05, 2024 Jkt 262001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\06JNN1.SGM 06JNN1 lotter on DSK11XQN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – AD – Preliminary - Malaysia === 83386 Federal Register / Vol. 88, No. 228 / Wednesday, November 29, 2023 / Notices 8 See 19 CFR 351.224(b). 9 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). 10 See 19 351.309(c)(2) and (d)(2). 11 We use the term ‘‘issue’’ here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. 12 See 19 CFR 351.303. 13 See Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings; Final Rule, 88 FR 67069 (September 29, 2023). 14 See 19 CFR 351.310(c). 15 See 19 CFR 351.310. 16 See 19 CFR 351.310(d). 1 See Boltless Steel Shelving Units Prepackaged for Sale from India, Malaysia, Taiwan, Thailand and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigations, 88 FR 32188 (May 19, 2023) (Initiation Notice). 2 See Boltless Steel Shelving Units Prepackaged for Sale from India, Malaysia, Taiwan, Thailand, and the Socialist Republic of Vietnam: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations, 88 FR 63063 (September 14, 2023). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Determination in the Less-Than-Fair-Value Investigation of Boltless Steel Shelving Units Prepackaged for Sale from Malaysia,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). requirements, when imposed, shall remain in effect until further notice. Disclosure and Public Comment We intend to disclose the calculations performed for these preliminary results to interested parties within five days after the date of publication of this notice. 8 Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs to Commerce no later than 30 days after the date of publication of this notice. 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. 9 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.10 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 briefs that should be limited to five pages total, including footnotes. In this review, we instead request that interested parties provide at the beginning of their briefs a public, executive summary for each issue raised in their briefs.11 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 results in this administrative review. We request that interested parties include footnotes for relevant citations in the executive summary of each issue. All submissions, including case and rebuttal briefs, as well as hearing requests, should be filed using ACCESS. 12 An electronically-filed document must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the established deadline. Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f). 13 Interested parties who wish to request a hearing must do so within 30 days of publication of these preliminary results by submitting a written request to the Assistant Secretary for Enforcement and Compliance via ACCESS.14 Hearing requests should contain: (1) the party’s name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Oral presentations at the hearing will be limited to issues raised in the briefs. 15 If a request for a hearing is made, parties will be notified of the time and date for the hearing. 16 Unless otherwise extended, Commerce intends to issue the final results of this administrative review, including the results of its analysis raised in any written briefs, not later than 120 days after the publication of this notice in the Federal Register, pursuant to 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1). Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and 351.221(b)(4). Dated: November 21, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix List of Topics in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Methodology V. Recommendation [FR Doc. 2023–26227 Filed 11–28–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–557–824] Boltless Steel Shelving Units Prepackaged for Sale From Malaysia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 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 boltless steel shelving units prepackaged for sale (boltless steel shelving) from Malaysia are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2022, through March 31, 2023. Interested parties are invited to comment on this preliminary determination. DATES : Applicable November 29, 2023. FOR FURTHER INFORMATION CONTACT : Samuel Frost, 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) 482–8180. 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 May 19, 2023. 1 On September 14, 2023, Commerce postponed the preliminary determination of this investigation until November 21, 2023. 2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum. 3 A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix VerDate Sep<11>2014 17:26 Nov 28, 2023 Jkt 262001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\29NON1.SGM 29NON1 ddrumheller on DSK120RN23PROD with NOTICES1 83387Federal Register / Vol. 88, No. 228 / Wednesday, November 29, 2023 / Notices 4 See Antidumping Duties; Countervailing Duties: Final Rule 62 FR 27296 (May 19, 1997) (Preamble). 5 See Initiation Notice, 88 FR at 32189. 6 See Memorandum, ‘‘Preliminary Scope Decision Memorandum,’’ dated November 13, 2023 (Preliminary Scope Decision Memorandum). 7 We also selected Fuyuan Wood Industry Co., Ltd. (Fuyuan Wood) as a mandatory respondent in this investigation. However, because it did not export any subject merchandise to the United States during the POI, we are preliminarily not assigning Fuyuan Wood a dumping margin. 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 https:// access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Scope of the Investigation The product covered by this investigation is boltless steel shelving from Malaysia. 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 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. For a summary of the product coverage comments and rebuttal responses submitted to the record for this preliminary determination, and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum.6 As discussed in the Preliminary Scope Decision Memorandum, Commerce preliminarily did not modify the scope language as it appeared in the Initiation Notice. In the Preliminary Scope Decision Memorandum, Commerce established deadlines for parties to submit scope case and rebuttal briefs as well as a deadline to request a hearing on issues raised in the scope briefs. Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has calculated export prices for Eonmetall Industries Sdn. Bhd. (EMI) in accordance with section 772(a) of the Act. Normal value is calculated in accordance with section 773 of the Act. Furthermore, pursuant to section 776(a) and (b) of the Act, Commerce has preliminarily relied on facts otherwise available, with adverse inferences for Nanjing Chervon Industry Co., Ltd. (Nanjing Chervon) and Wuxi Bote Electrical Apparatus Co., Ltd. (Wuxi Bote).7 For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. All-Others Rate Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in the preliminary determination Commerce shall determine an estimated all-others rate for all exporters and producers not individually examined. This rate shall be an amount equal to the weighted average of the estimated weighted- average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act. Where the rates for individually investigated companies are all zero or de minimis, or determined entirely using facts otherwise available, section 735(c)(5)(B) of the Act instructs Commerce to establish ‘‘any reasonable method to establish the estimated all- others rate for exporters and producers not individually investigated, including averaging the estimated weighted- average dumping margins determined for the exporters and producers individually investigated.’’ Commerce has preliminarily determined the estimated weighted-average dumping margin for Nanjing Chervon and Wuxi Bote under section 776 of the Act and calculated an estimated weighted- average dumping margin for EMI of zero. Consequently, pursuant to section 735(c)(5)(B) of the Act, we calculated the all-others rate based on a simple average of the zero percent dumping margin and the two dumping margins based totally on adverse facts available. Preliminary Determination For the period April 1, 2022, through March 31, 2023, Commerce preliminarily determines that the following estimated weighted-average dumping margins exist: Producer/exporter Estimated weighted- average dumping margin (percent) Eonmetall Industries Sdn. Bhd ... 0.00 Nanjing Chervon Industry Co., Ltd ........................................... * 81.12 Producer/exporter Estimated weighted- average dumping margin (percent) Wuxi Bote Electrical Apparatus Co., Ltd ................................... * 81.12 All Others .................................... 54.08 * Rate based on facts available with adverse inferences. 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 entries of subject merchandise, as described in Appendix I, 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 estimated weighted-average dumping margin or the estimated all-others rate, as follows: (1) the cash deposit rate for the respondents listed above will be equal to the company-specific estimated weighted-average dumping margin determined in this preliminary determination; (2) if the exporter is not a respondent identified above, but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted-average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all- others estimated weighted-average dumping margin. Because the estimated weighted- average dumping margin for EMI is zero, entries of shipments of subject merchandise from EMI will not be subject to suspension of liquidation or cash deposit requirements. In such situations, Commerce applies the exclusion to the provisional measures to the producer/exporter combination that was examined in the investigation. Accordingly, Commerce is directing CBP not to suspend liquidation of entries of subject merchandise produced and exported by EMI. Entries of shipments of subject merchandise from this company in any other producer/ exporter combination, or by third parties that sourced subject merchandise from the excluded producer/exporter combination, are subject to the provisional measures at the all-others rate. Should the final estimated weighted- average dumping margin be zero or de minimis for the producer/exporter VerDate Sep<11>2014 17:26 Nov 28, 2023 Jkt 262001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\29NON1.SGM 29NON1 ddrumheller on DSK120RN23PROD with NOTICES1 83388 Federal Register / Vol. 88, No. 228 / Wednesday, November 29, 2023 / Notices 8 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). 9 See 19 351.309(c)(2) and (d)(2). 10 We use the term ‘‘issue’’ here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. 11 See APO and Service Final Rule. 12 See Petitioner’s Letter, ‘‘Petitioner’s Request for Postponement of Final Determination,’’ dated November 3, 2023. 13 See EMI’s Letter, ‘‘Request for Extension of Final Determination and Provisional Measures,’’ dated November 7, 2023. combination identified above, entries of shipments of subject merchandise from this producer/exporter combination will be excluded from the potential antidumping duty order. Such exclusions are not applicable to merchandise exported to the United States by this respondent in any other producer/exporter combinations or by third parties that sourced subject merchandise from the excluded producer/exporter combination. These suspension of liquidation measures will remain in effect until further notice. Disclosure Commerce intends to disclose its calculations and analysis performed in connection with this preliminary determination to interested parties 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 accordance with 19 CFR 351.224(b). Verification As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination. Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last verification report is issued in this investigation. Rebuttal briefs, limited to issues raised in case briefs, may be submitted not later than five days after the date for filing case briefs.8 Interested parties who submit case or rebuttal briefs in this proceeding must submit: (1) a table of contents listing each issue; and (2) a table of authorities. 9 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.10 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). 11 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. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. 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 petitioner. Pursuant to 19 CFR 351.210(e)(2), Commerce requires that requests by respondents for postponement of a final 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 November 3, 2023, pursuant to 19 CFR 351.210(e), Edsal Manufacturing Co., Inc. (the petitioner), requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed 135 days.12 On November 7, 2023, EMI also requested that Commerce postpone the final determination in the event the preliminary determination is affirmative and that provisional measures be extended to a period not to exceed six months. 13 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 exporter accounts 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’s final determination will be issued no later than 135 days after the date of publication of this preliminary determination. 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: November 21, 2023. Abdelali Elouaradia, Deputy 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 VerDate Sep<11>2014 17:26 Nov 28, 2023 Jkt 262001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\29NON1.SGM 29NON1 ddrumheller on DSK120RN23PROD with NOTICES1 83389Federal Register / Vol. 88, No. 228 / Wednesday, November 29, 2023 / Notices 1 See Boltless Steel Shelving Units Prepackaged for Sale from India, Malaysia, Taiwan, Thailand and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigations, 88 FR 32188 (May 19, 2023) (Initiation Notice). 2 See Boltless Steel Shelving Units Prepackaged for Sale from India, Malaysia, Taiwan, Thailand and the Socialist Republic of Vietnam: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations, 88 FR 63063 (September 14, 2023). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Determination in the Less-Than-Fair-Value Investigation of Boltless Steel Shelving Units Prepackaged for Sale from Thailand,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 5 See Initiation Notice, 88 FR at 32189. 6 See Memorandum, ‘‘Preliminary Scope Decision Memorandum,’’ dated November 13, 2023 (Preliminary Scope Decision Memorandum). 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 this investigation 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. 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 Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope Comments V. Scope of the Investigation VI. Application of Facts Available and Use of Adverse Inference VII. Discussion of the Methodology VIII. Currency Conversion IX. Recommendation [FR Doc. 2023–26232 Filed 11–28–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–549–846] Boltless Steel Shelving Units Prepackaged for Sale From Thailand: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 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 boltless steel shelving units prepackaged for sale (boltless steel shelving) from Thailand are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2022, through March 31, 2023. Interested parties are invited to comment on this preliminary determination. DATES : Applicable November 29, 2023. FOR FURTHER INFORMATION CONTACT : Fred Baker, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 202–482–6274. 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 May 19, 2023.1 On September 14, 2023, Commerce postponed the preliminary determination of this investigation until November 21, 2023. 2 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 https:// access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Scope of the Investigation The product covered by this investigation is boltless steel shelving units from Thailand. 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 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. For a summary of the product coverage comments and rebuttal responses submitted to the record for this preliminary determination, and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum.6 As VerDate Sep<11>2014 17:26 Nov 28, 2023 Jkt 262001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\29NON1.SGM 29NON1 ddrumheller on DSK120RN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – AD – Preliminary - Vietnam === 83392 Federal Register / Vol. 88, No. 228 / Wednesday, November 29, 2023 / Notices 1 See Boltless Steel Shelving Units Prepackaged for Sale from India, Malaysia, Taiwan, Thailand and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigations, 88 FR 32188 (May 19, 2023) (Initiation Notice). 2 See Boltless Steel Shelving Units Prepackaged for Sale from India, Malaysia, Taiwan, Thailand and the Socialist Republic of Vietnam: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations, 88 FR 63063 (September 14, 2023). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Determination in the Less-Than-Fair-Value Investigation of Boltless Steel Shelving Units Prepackaged for Sale from the Socialist Republic of Vietnam,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 5 See Initiation Notice, 88 FR at 32189. 6 See Memorandum, ‘‘Preliminary Scope Decision Memorandum,’’ dated November 13, 2023 (Preliminary Scope Decision Memorandum). 7 See Initiation Notice, 88 FR at 32188. 8 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 https://access.trade.gov/Resources/policy/bull05- 1.pdf. 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 Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope Comments V. Scope of the Investigation VI. Discussion of the Methodology VII. Currency Conversion VIII. Recommendation [FR Doc. 2023–26230 Filed 11–28–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–552–835] Boltless Steel Shelving Units Prepackaged for Sale From the Socialist Republic of Vietnam: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 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 boltless steel shelving units prepackaged for sale (boltless steel shelving) from the Socialist Republic of Vietnam (Vietnam) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is October 1, 2022, through March 31, 2023. Interested parties are invited to comment on this preliminary determination. DATES : Applicable November 29, 2023. FOR FURTHER INFORMATION CONTACT : Eliza DeLong or Eric Hawkins, 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) 482–3878 or (202) 482–1988, 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 May 19, 2023.1 On September 14, 2023, Commerce postponed the preliminary determination of this investigation until November 21, 2023. 2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum. 3 A list of topics discussed 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 https:// access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Scope of the Investigation The product covered by this investigation is boltless steel shelving from Vietnam. 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 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. For a summary of the product coverage comments and rebuttal responses submitted to the record for this preliminary determination, and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum.6 As discussed in the Preliminary Scope Decision Memorandum, Commerce preliminarily did not modify the scope language as it appeared in the Initiation Notice. In the Preliminary Scope Decision Memorandum, Commerce established deadlines for parties to submit scope case and rebuttal briefs as well as a deadline to request a hearing on issues raised in the scope briefs. 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. Because Vietnam is a non-market economy country, within the meaning of section 771(18) of the Act, Commerce has calculated normal value in accordance with section 773(c) of the Act. Furthermore, pursuant to sections 776(a) and (b) of the Act, Commerce preliminarily has relied upon facts otherwise available, with adverse inferences, to assign a dumping margin for the Vietnam-wide entity. Further, we are preliminarily not individually examining Thanh Phong Production and Trade Limited Company as a mandatory respondent because it did not have any sales of subject merchandise during the POI. For a full description of the methodology underlying Commerce’s preliminary determination, see the Preliminary Decision Memorandum. Vietnam-Wide Entity Commerce finds that two companies, Cuong Nghia Imp. Exp. and Parkway Thanh Phong Co., have not established eligibility for a separate rate and are considered to be part of the Vietnam- wide entity for the preliminary determination. Combination Rates In the Initiation Notice,7 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. 8 In this investigation, we assigned producer/exporter combination rates for Xinguang (Vietnam) Logistic Equipment Co., Ltd (Xinguang Vietnam), i.e., the sole respondent eligible for a separate rate. VerDate Sep<11>2014 17:26 Nov 28, 2023 Jkt 262001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\29NON1.SGM 29NON1 ddrumheller on DSK120RN23PROD with NOTICES1 83393Federal Register / Vol. 88, No. 228 / Wednesday, November 29, 2023 / Notices 9 The Vietnam-Wide rate based on facts available with adverse inferences. 10 Case briefs and rebuttal briefs submitted in response to this preliminary LTFV determination should not include scope-related issues. See Preliminary Scope Decision Memorandum. 11 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). 12 See 19 351.309(c)(2) and (d)(2). 13 We use the term ‘‘issue’’ here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. 14 See APO and Service Final Rule. Preliminary Determination For the period October 1, 2022, through March 31, 2023, Commerce preliminarily determines that the following estimated weighted-average dumping margins exist: Exporter Producer Estimated weighted- average dumping margin (percent) Xinguang (Vietnam) Logistic Equipment Co., Ltd ...................... Xinguang (Vietnam) Logistic Equipment Co., Ltd ...................... 118.66 Vietnam-Wide Entity ................................................................... ..................................................................................................... 9 224.94 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 entries of subject merchandise, as described in Appendix I, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. 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 combination 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 Vietnam producers/exporters of subject merchandise 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 Vietnam- wide entity; and (3) for all third-county exporters of subject merchandise not listed in the table above, the cash deposit rate is the cash deposit rate applicable to the Vietnam producer/ exporter combination (or the Vietnam- wide entity) that supplied that third- country exporter. These suspension of liquidation instructions will remain in effect until further notice. Disclosure Commerce intends to disclose to interested parties the calculations 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). 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 may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the final verification report is issued in this investigation.10 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.11 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. 12 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.13 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). 14 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 date and time to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. 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 petitioner. 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. VerDate Sep<11>2014 17:26 Nov 28, 2023 Jkt 262001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\29NON1.SGM 29NON1 ddrumheller on DSK120RN23PROD with NOTICES1 83394 Federal Register / Vol. 88, No. 228 / Wednesday, November 29, 2023 / Notices 15 See Petitioner’s Letter, ‘‘Petitioner’s Request for Postponement of Final Determination,’’ dated November 3, 2023. 16 See Xinguang Vietnam’s Letter, ‘‘Request to Extend Final Results,’’ dated November 20, 2023. On November 3, 2023, pursuant to 19 CFR 351.210(e), Edsal Manufacturing Co., Inc. (the petitioner), requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed 135 days.15 On November 20, 2023, Xinguang Vietnam also requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed 135 days. 16 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 exporter accounts 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’s final determination will be issued no later than 135 days after the date of publication of this preliminary determination. 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: November 21, 2023. Abdelali Elouaradia, Deputy 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 this investigation 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. 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 description of the scope of this investigation is dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope Comments V. Scope of the Investigation VI. Selection of Respondents VII. Discussion of the Methodology VIII. Currency Conversion IX. Recommendation [FR Doc. 2023–26231 Filed 11–28–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–806] Silicon Metal From the People’s Republic of China: Continuation of Antidumping Duty Order AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) order on silicon metal from the People’s Republic of China (China) would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing this notice of continuation of the AD order. DATES : Applicable November 17, 2023. FOR FURTHER INFORMATION CONTACT : Paul Kebker or Howard Smith, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2254 or (202) 482–5193, respectively. SUPPLEMENTARY INFORMATION : Background On June 10, 1991, Commerce published in the Federal Register the VerDate Sep<11>2014 17:26 Nov 28, 2023 Jkt 262001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\29NON1.SGM 29NON1 ddrumheller on DSK120RN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – AD – Preliminary - India === 83395Federal Register / Vol. 88, No. 228 / Wednesday, November 29, 2023 / Notices 1 See Antidumping Duty Order: Silicon Metal from the People’s Republic of China, 56 FR 26649 (June 10, 1991) (Order). 2 See Silicon Metal from China; Institution of a Five-Year Review, 88 FR 26595 (May 1, 2023). 3 See Initiation of Five-Year (Sunset) Reviews, 88 FR 26522 (May 1, 2023). 4 See Silicon Metal from the People’s Republic of China: Final Results of the Expedited Fifth Sunset Review of the Antidumping Duty Order, 88 FR 63933 (September 18, 2023), and accompanying Issues and Decision Memorandum. 5 See Silicon Metal From China; Determination, 88 FR 80335 (November 17, 2023) (ITC Final Determination). 6 See ITC Final Determination. 1 See Boltless Steel Shelving Units Prepackaged for Sale from India, Malaysia, Taiwan, Thailand and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigation, 88 FR 32188 (May 19, 2023) (Initiation Notice). 2 See Boltless Steel Shelving Units Prepackaged for Sales from India, Malaysia, Taiwan, Thailand and the Socialist Republic of Vietnam: Postponement of Preliminary Determinations in Less-than-Fair-Value Investigations, 88 FR 63063 (September 14, 2023). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary 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 (Preliminary Decision Memorandum). AD order on silicon metal from China.1 On May 1, 2023, the ITC instituted,2 and Commerce initiated,3 the fifth sunset review of the Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). As a result of its review, Commerce determined that revocation of the Order would likely lead to continuation or recurrence of dumping and therefore, notified the ITC of the magnitude of the margins of dumping likely to prevail should the Order be revoked. 4 On November 17, 2023, the ITC published its determination in the Federal Register, pursuant to sections 751(c) and 752(a) of the Act, that revocation of the Order would likely lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. 5 Scope of the Order The merchandise covered by the Order is silicon metal containing at least 96.00 percent, but less than 99.99 percent of silicon by weight. Also covered by the Order is silicon metal containing between 89.00 and 96.00 percent silicon by weight but which contains a higher aluminum content than the silicon metal containing at least 96.00 percent but less than 99.99 percent silicon by weight (58 FR 27542, May 10, 1993). Silicon metal is currently provided for under subheadings 2804.69.10 and 2804.69.50 of the Harmonized Tariff Schedule of the United States (HTSUS) as a chemical product, but is commonly referred to as a metal. Semiconductor- grade silicon (silicon metal containing by weight not less than 99.99 percent of silicon and provided for in subheading 2804.61.00 of the HTSUS) is not subject to this Order. Although the HTSUS numbers are provided for convenience and customs purposes, the written description remains dispositive. Continuation of the Order As a result of the determinations by Commerce and the ITC that revocation of the Order would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby orders the continuation of the Order. U.S. Customs and Border Protection will continue to collect AD 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 Order is November 17, 2023.6 Pursuant to section 751(c)(2) of the Act and 19 CFR 351.218(c)(2), Commerce intends to initiate the next five-year review of the Order not later than 30 days prior to the fifth anniversary of the date of the last determination by the ITC to continue the Order. Administrative Protective Order (APO) This notice serves as a final reminder to parties subject to an APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written 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 terms of an APO is a violation which is subject to sanction. Notification to Interested Parties This five-year sunset review is in accordance with sections 751(c) and 751(d)(2) of the Act and this notice is published pursuant to section 777(i) of the Act, and 19 CFR 351.218(f)(4). Dated: November 22, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023–26237 Filed 11–28–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–914] Boltless Steel Shelving Units Prepackaged for Sale From India: Preliminary Negative Determination of Sales at Less Than Fair Value and Postponement of Final Determination AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) preliminarily determines that boltless steel shelving units prepackaged for sale (boltless steel shelving) from India are not being, or not likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2022, through March 31, 2023. Interested parties are invited to comment on this preliminary determination. DATES : Applicable November 29, 2023. 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 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 May 19, 2023. 1 On September 14, 2023, Commerce postponed the preliminary determination of this investigation and the revised deadline is now November 21, 2023. 2 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 https:// access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. VerDate Sep<11>2014 17:26 Nov 28, 2023 Jkt 262001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\29NON1.SGM 29NON1 ddrumheller on DSK120RN23PROD with NOTICES1 83396 Federal Register / Vol. 88, No. 228 / Wednesday, November 29, 2023 / Notices 4 See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 5 See Initiation Notice, 88 FR at 32189. 6 See Memorandum, ‘‘Preliminary Scope Decision Memorandum,’’ dated November 13, 2023 (Preliminary Scope Decision Memorandum). 7 Case briefs and rebuttal briefs submitted in response to this preliminary LTFV determination should not include scope-related issues. See Preliminary Scope Decision Memorandum. 8 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). 9 See 19 351.309(c)(2) and (d)(2). 10 We use the term ‘‘issue’’ here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. 11 See APO and Service Final Rule. 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 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 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. For a summary of the product coverage comments and rebuttal responses submitted to the record for this preliminary determination, and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum.6 As discussed in the Preliminary Scope Decision Memorandum, Commerce is preliminarily modifying the scope language as it appeared in the Initiation Notice. In the Preliminary Scope Decision Memorandum, Commerce established deadlines for parties to submit scope case and rebuttal briefs as well as a deadline to request a hearing on issues raised in the scope briefs. 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. Normal value (NV) is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. Preliminary Determination For the period April 1, 2022, through March 31, 2023, Commerce preliminarily determines that the following estimated weighted-average dumping margin exists: Exporter/producer Estimated weighted- average dumping margin (percent) Triune Technofab Private Limited ............................... 0.00 Consistent with section 733(b)(3) of the Act, Commerce disregards de minimis rates. Accordingly, Commerce preliminarily determines that Triune Technofab Private Limited, the company selected as a mandatory respondent, has not made sales of subject merchandise at LTFV. Consistent with section 733(d) of the Act, Commerce has not calculated an estimated weighted-average dumping margin for all other producers and exporters because it has not made an affirmative preliminary determination of sales at LTFV. Suspension of Liquidation Because Commerce has made a negative preliminary determination of sales at LTFV with regard to 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. Disclosure Commerce intends to disclose to interested parties the calculations performed in connection with this preliminary 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 accordance with 19 CFR 351.224(b). Verification As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination. Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last verification report is issued in this investigation. 7 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.8 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.9 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. 10 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). 11 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. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Postponement of Final Determination Section 735(a)(2)(B) 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 petitioner. On November 3, 2023, pursuant to 19 CFR 351.210(e), Edsal Manufacturing VerDate Sep<11>2014 17:26 Nov 28, 2023 Jkt 262001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\29NON1.SGM 29NON1 ddrumheller on DSK120RN23PROD with NOTICES1 83397Federal Register / Vol. 88, No. 228 / Wednesday, November 29, 2023 / Notices 12 See Petitioner’s Letter, ‘‘Petitioner’s Request for Postponement of Final Determination,’’ dated November 3, 2023. 1 See Thermal Paper from Germany, Japan, the Republic of Korea, and Spain: Antidumping Duty Orders, 86 FR 66284 (November 22, 2021) (Order). 2 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation Opportunity to Continued Co., Inc. (the petitioner) requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed six months. 12 In accordance with section 735(a)(2)(B) of the Act and 19 CFR 351.210(b)(2)(i), because: (1) the preliminary determination is negative; (2) the petitioner has requested the postponement of the final determination; and (3) no compelling reasons for denial exist, Commerce is postponing the final determination. Because we have preliminarily determined that sales of subject merchandise are not being sold at less than fair value, provisional measures are not being applied to imports of subject merchandise pursuant to section 733(d) of the Act. Accordingly, Commerce’s final determination will be issued no later than 135 days after the date of publication of this preliminary determination. 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. If the final determination is affirmative, the ITC will determine 75 days after the final determination whether imports of boltless steel shelving from India 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: November 21, 2023. Abdelali Elouaradia, Deputy 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, 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 Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope Comments V. Scope of the Investigation VI. Discussion of the Methodology VII. Currency Conversion VIII. Recommendation [FR Doc. 2023–26233 Filed 11–28–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–428–850] Thermal Paper From the Republic of Germany: Preliminary Results of Antidumping Duty Administrative Review; 2021–2022 AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) preliminarily determines that certain producers/ exporters subject to this administrative review made sales of subject merchandise at less than normal value (NV) during the period of review (POR) of May 12, 2021, through October 31, 2022. Interested parties are invited to comment on these preliminary results. DATES : Applicable November 29, 2023. FOR FURTHER INFORMATION CONTACT : Ashley Cossaart, AD/CVD Operations, Office IX, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0462. SUPPLEMENTARY INFORMATION : Background On November 22, 2021, Commerce published in the Federal Register the antidumping duty order on thermal paper from the Republic of Germany (Germany). 1 On November 1, 2022, Commerce published in the Federal Register a notice of opportunity to request an administrative review of the Order for the POR.2 On January 3, 2023, VerDate Sep<11>2014 17:26 Nov 28, 2023 Jkt 262001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\29NON1.SGM 29NON1 ddrumheller on DSK120RN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === USITC Scheduling === 85914 Federal Register / Vol. 88, No. 236 / Monday, December 11, 2023 / Notices and claims 2, 6 and 12 of the ’526 patent based on Centripetal’s partial withdrawal of the complaint. Order No. 27 (Jan. 27, 2023), unreviewed by Comm’n Notice (Feb. 24, 2023); Order No. 39 (Feb. 27, 2023), unreviewed by Comm’n Notice (Mar. 29, 2023). Accordingly, at the time of the evidentiary hearing, claims 22 and 43 of the ’370 patent, claims 11 and 20 of the ’917 patent, and claims 1, 3, 11, 13, and 16 of the ’526 patent remained at issue. On September 26, 2022, the ALJ conducted a Markman hearing. On February 22, 2023, the ALJ issued a claim construction order. Order No. 37 (Feb. 22, 2023). The ALJ held an evidentiary hearing on March 1–3 and 6–7, 2023. On August 8, 2023, the ALJ issued the Final ID finding no violation of section 337 with respect to any asserted patent. Specifically, the Final ID finds that: (1) with respect to the ’370 patent, claims 22 and 43 are not infringed and are invalid for being directed to unpatentable subject matter under 35 U.S.C. 101, and the technical prong of the domestic industry requirement is not satisfied; (2) with respect to the ’917 patent claims 11 and 20 are infringed and the technical prong of the domestic industry requirement is satisfied, but the asserted claims are invalid as obvious under 35 U.S.C. 103; and (3) with respect to the ’526 patent, claims 1, 3, 11, 13, and 16 of the ’526 patent are not infringed and are invalid as anticipated under 35 U.S.C. 102, but the technical prong of the domestic industry requirement is satisfied. Finally, the Final ID finds that Centripetal has satisfied the economic prong of the domestic industry requirement under Section 337(a)(3)(A) and (B) with respect to each of the asserted patents. The ALJ recommended that, if the Commission were to find a violation of section 337, the Commission should issue a limited exclusion order and cease and desist order with respect to Keysight. The ALJ also recommended that, should a violation be found, the bond rate be set at a 100 percent of entered value of the products imported during the period of Presidential review. On August 14, 2023, the Commission requested comments from the public and interested government agencies regarding any public interest issues raised by the ALJ’s recommended determination on remedy and bonding. 88 FR 55067–68 (Aug. 14, 2023). The Commission received no comments from the public or government agencies. On September 7, 2023, Centripetal and Keysight provided comments on the public interest pursuant to Commission Rule 210.50(a)(4). 19 CFR 210.50(a)(4). On August 23, 2023, Centripetal filed a petition for review challenging the Final ID’s findings that: (1) the ’370 patent claims are not infringed or invalid for being directed to unpatentable subject matter, and that the technical prong of the domestic industry requirement is not satisfied as to that patent; (2) the ’917 patent claims are invalid for obviousness; and (3) the ’526 claims are not infringed and invalid for anticipation. On September 1, 2023, Keysight and OUII filed responses opposing the petition for review. Having examined the record of this investigation, including the ALJ’s Final ID, the petitions for review, and the responses thereto, the Commission has determined to review the Final ID in part and, on review, to affirm the Final ID’s finding of no violation. Specifically, the Commission reviews the Final ID’s finding that Centripetal waived its argument that the Check Point R77.30 prior art software does not satisfy the limitation ‘‘creat[ing] the list of the identification data based on the received at least one list of network addresses and/or domain names’’ in claims 3 and 13 of the ’526 patent. The Final ID finds waiver because Centripetal failed to contest that limitation in its prehearing brief. Id. at 203–204. Centripetal, however, showed that it argued in its prehearing brief that the Application and URL Filter do not satisfy the claim language because that functionality is performed after decryption. Pet. at 76. Accordingly, the Commission determines to review the Final ID’s finding of waiver, and, on review, finds that Centripetal did not waive its argument. The Commission, however, determines to affirm under modified reasoning the Final ID’s finding that Check Point R77.30 satisfies the limitation ‘‘creat[ing] the list of the identification data based on the received at least one list of network addresses and/or domain names.’’ In addition to the reasons found in the Final ID, and as argued by OUII, the Application and URL Filter satisfy the claim language because the filter uses category-based rules based on a subscription service to determine what traffic to decrypt and inspect. See RX–0529.0039–41 (describing a HTTPS inspection policy with rules that use subscription-service categories to inspect traffic); id. at .0035 (explaining that HTTPS inspection involves decrypting data, inspecting the clear text, and re-encrypting the data). The Commission has also determined to review the Final ID’s finding that the economic prong of the domestic industry requirement is satisfied. On review, the Commission has determined to take no position as to whether the economic prong of the domestic industry requirement is satisfied. The Commission has determined not to review the remainder of the Final ID. Consequently, the Commission finds no violation of section 337 with respect to any asserted patent. This investigation is hereby terminated with a finding of no violation of section 337. The Commission vote for this determination took place on December 5, 2023. The authority for the Commission’s determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in part 210 of the Commission’s Rules of Practice and Procedure (19 CFR part 210). By order of the Commission. Issued: December 5, 2023. Lisa Barton, Secretary to the Commission. [FR Doc. 2023–27050 Filed 12–8–23; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 731–TA–1607–1611 (Final)] Boltless Steel Shelving Units Prepackaged for Sale From India, Malaysia, Taiwan, Thailand, and Vietnam; Scheduling of the Final Phase of Antidumping Duty Investigations AGENCY : International Trade Commission. ACTION : Notice. SUMMARY : The Commission hereby gives notice of the scheduling of the final phase of antidumping investigation Nos. 731–TA–1607–1611 (Final) pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of boltless steel shelving units prepackaged for sale (‘‘boltless steel shelving’’) from India, Malaysia, Taiwan, Thailand, and Vietnam, provided for in subheading 9403.20.00 of the Harmonized Tariff Schedule of the United States. The Department of Commerce (‘‘Commerce’’) has preliminarily determined imports of boltless steel shelving from Malaysia, Taiwan, Thailand, and Vietnam to be sold at less-than-fair value. In addition, Commerce has made negative VerDate Sep<11>2014 17:35 Dec 08, 2023 Jkt 262001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\11DEN1.SGM 11DEN1 lotter on DSK11XQN23PROD with NOTICES1 85915Federal Register / Vol. 88, No. 236 / Monday, December 11, 2023 / Notices 1 A full description of the subject merchandise covered in the scope of these investigations is contained in the Federal Register notices of Commerce’s preliminary antidumping duty determinations on boltless steel shelving. See 88 FR 83382, November 29, 2023; 88 FR 83386, November 29, 2023; 88 FR 83389, November 29, 2023; 88 FR 83392, November 29, 2023; and 88 FR 83395, November 29, 2023. 2 § 207.21(b) of the Commission’s rules provides that, where Commerce has issued a negative preliminary determination, the Commission will publish a Final Phase Notice of Scheduling upon receipt of an affirmative final determination from Commerce. preliminary determinations of sales at less-than-fair value in the antidumping duty investigation on boltless steel shelving from India. DATES : November 29, 2023. FOR FURTHER INFORMATION CONTACT : Jordan Harriman (202–205–2610), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing- impaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). The public record for these investigations may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION : Scope.—For purposes of these investigations, Commerce has defined the subject merchandise as ‘‘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.’’ 1 Background.—The final phase of these investigations is being scheduled, pursuant to section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)), as a result of affirmative preliminary determinations by Commerce that imports of boltless steel shelving units prepackaged for sale from Malaysia, Taiwan, Thailand, and Vietnam are being sold in the United States at less than fair value within the meaning of § 733 of the Act (19 U.S.C. 1673b). The investigations were requested in petitions filed on April 25, 2023, by Edsal Manufacturing Co., Inc., Chicago, Illinois. For further information concerning the conduct of this phase of the investigations, hearing procedures, and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207). Although Commerce has preliminarily determined that imports of boltless steel shelving units prepackaged for sale from India are not being and are not likely to be sold in the United States at less than fair value, for purposes of efficiency the Commission hereby waives rule 207.21(b) 2 so that the final phase of the investigations may proceed concurrently in the event that Commerce makes a final affirmative determinations with respect to such imports. Participation in the investigations and public service list.—Persons, including industrial users of the subject merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the final phase of these investigations as parties must file an entry of appearance with the Secretary to the Commission, as provided in § 201.11 of the Commission’s rules, no later than 21 days prior to the hearing date specified in this notice. A party that filed a notice of appearance during the preliminary phase of the investigations need not file an additional notice of appearance during this final phase. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations. Please note the Secretary’s Office will accept only electronic filings during this time. Filings must be made through the Commission’s Electronic Document Information System (EDIS, https:// edis.usitc.gov.) No in-person paper- based filings or paper copies of any electronic filings will be accepted until further notice. Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list.—Pursuant to § 207.7(a) of the Commission’s rules, the Secretary will make BPI gathered in the final phase of these investigations available to authorized applicants under the APO issued in the investigations, provided that the application is made no later than 21 days prior to the hearing date specified in this notice. Authorized applicants must represent interested parties, as defined by 19 U.S.C. 1677(9), who are parties to the investigations. A party granted access to BPI in the preliminary phase of the investigations need not reapply for such access. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Staff report.—The prehearing staff report in the final phase of these investigations will be placed in the nonpublic record on March 26, 2024, and a public version will be issued thereafter, pursuant to § 207.22 of the Commission’s rules. Hearing.—The Commission will hold a hearing in connection with the final phase of these investigations beginning at 9:30 a.m. on Thursday, April 11, 2024. Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before Thursday, April 4, 2024. Any requests to appear as a witness via videoconference must be included with your request to appear. Requests to appear via videoconference must include a statement explaining why the witness cannot appear in person; the Chairman, or other person designated to conduct the investigation, may in their discretion for good cause shown, grant such a request. Requests to appear as remote witness due to illness or a positive COVID–19 test result may be submitted by 3pm the business day prior to the hearing. Further information about participation in the hearing will be posted on the Commission’s website at https://www.usitc.gov/calendarpad/ calendar.html. A nonparty who has testimony that may aid the Commission’s deliberations may request permission to present a short statement at the hearing. All parties and nonparties desiring to appear at the hearing and make oral presentations should attend a prehearing conference, if deemed necessary, to be held at 9:30 a.m. on Friday, April 5, 2024. Parties shall file and serve written testimony and presentation slides in connection with their presentation at the hearing by no later than 4:00pm on April 10, 2024. Oral testimony and written materials to be submitted at the public hearing are governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the VerDate Sep<11>2014 17:35 Dec 08, 2023 Jkt 262001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\11DEN1.SGM 11DEN1 lotter on DSK11XQN23PROD with NOTICES1 85916 Federal Register / Vol. 88, No. 236 / Monday, December 11, 2023 / Notices Commission’s rules. Parties must submit any request to present a portion of their hearing testimony in camera no later than 7 business days prior to the date of the hearing. Written submissions.—Each party who is an interested party shall submit a prehearing brief to the Commission. Prehearing briefs must conform with the provisions of § 207.23 of the Commission’s rules; the deadline for filing is April 2, 2024. Parties shall also file written testimony in connection with their presentation at the hearing, and posthearing briefs, which must conform with the provisions of section 207.25 of the Commission’s rules. The deadline for filing posthearing briefs is April 18, 2024. In addition, any person who has not entered an appearance as a party to the investigations may submit a written statement of information pertinent to the subject of the investigations, including statements of support or opposition to the petition, on or before April 18, 2024. On May 8, 2024, the Commission will make available to parties all information on which they have not had an opportunity to comment. Parties may submit final comments on this information on or before May 10, 2024, but such final comments must not contain new factual information and must otherwise comply with § 207.30 of the Commission’s rules. All written submissions must conform with the provisions of § 201.8 of the Commission’s rules; any submissions that contain BPI must also conform with the requirements of §§ 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s Handbook on Filing Procedures, available on the Commission’s website at https:// www.usitc.gov/documents/handbook_ on_filing_procedures.pdf, elaborates upon the Commission’s procedures with respect to filings. Additional written submissions to the Commission, including requests pursuant to § 201.12 of the Commission’s rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff. In accordance with §§ 201.16(c) and 207.3 of the Commission’s rules, each document filed by a party to the investigations must be served on all other parties to the investigations (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to § 207.21 of the Commission’s rules. By order of the Commission. Issued: December 6, 2023. Lisa Barton, Secretary to the Commission. [FR Doc. 2023–27151 Filed 12–8–23; 8:45 am] BILLING CODE 7020–02–P JOINT BOARD FOR THE ENROLLMENT OF ACTUARIES Meeting of the Advisory Committee; Meeting AGENCY : Joint Board for the Enrollment of Actuaries. ACTION : Notice of Federal advisory committee meeting. SUMMARY : The Joint Board for the Enrollment of Actuaries gives notice of a meeting of the Advisory Committee on Actuarial Examinations (a portion of which will be open to the public), which will be held at the Internal Revenue Service, 1111 Constitution Avenue NW, Washington DC, on January 4 and 5, 2024. DATES : Thursday, January 4, 2024, from 9 a.m. to 5 p.m., and Friday, January 5, 2024, from 8:30 a.m. to 4 p.m. ADDRESSES : The meeting will be held at the Internal Revenue Service, 1111 Constitution Avenue NW, Washington, DC 20224. FOR FURTHER INFORMATION CONTACT : Ms. Elizabeth Van Osten, Designated Federal Officer, Advisory Committee on Actuarial Examinations, at (202) 317– 3648 or elizabeth.j.vanosten@irs.gov. SUPPLEMENTARY INFORMATION : Notice is hereby given that the Advisory Committee on Actuarial Examinations will meet at the Internal Revenue Service, 1111 Constitution Avenue NW, Washington, DC 20224, on Thursday, January 4, 2024, from 9 a.m. to 5 p.m. and Friday, January 5, 2024, from 8:30 a.m. to 4 p.m. The purpose of the meeting is to discuss topics and questions that may be recommended for inclusion on future Joint Board examinations in actuarial mathematics and methodology referred to in 29 U.S.C. 1242(a)(1)(B) and to review the November 2023 Pension (EA–2F) to make recommendations relative thereto, including the minimum acceptable passing score. Topics for inclusion on the syllabus for the Joint Board’s examination program for the May 2024 Basic (EA–1) Examination and the May 2024 Pension (EA–2L) Examination also will be discussed. A determination has been made as required by section 10(d) of the Federal Advisory Committee Act, 5 U.S.C. 1009, that the portions of the meeting dealing with the discussion of questions that may appear on the Joint Board’s examinations and the review of the November 2023 EA–2F Examination fall within the exceptions to the open meeting requirement set forth in 5 U.S.C. 552b(c)(9)(B), and that the public interest requires that such portions be closed to public participation. The portion of the meeting dealing with the discussion of the other topics will commence at 1 p.m. on January 4, 2024, and will continue for as long as necessary to complete the discussion, but not beyond 3 p.m. Time permitting, after the close of this discussion by Committee members, interested persons may make statements germane to this subject. Persons wishing to make oral statements should contact the Designated Federal Officer at NHQJBEA@IRS.GOV and include the written text or outline of comments they propose to make orally. Such comments will be limited to 10 minutes in length. Persons who wish to attend the public session should contact the Designated Federal Officer at NHQJBEA@IRS.GOV to obtain access instructions. Notifications of intent to make an oral statement or to attend the meeting must be sent electronically to the Designated Federal Officer no later than December 29, 2023. In addition, any interested person may file a written statement for consideration by the Joint Board and the Advisory Committee by sending it to NHQJBEA@IRS.GOV. Dated: December 5, 2023. Thomas V. Curtin, Jr., Executive Director, Joint Board for the Enrollment of Actuaries. [FR Doc. 2023–27058 Filed 12–8–23; 8:45 am] BILLING CODE 4830–01–P DEPARTMENT OF JUSTICE [OMB Number 1121–0100] Agency Information Collection Activities; Proposed eCollection eComments Requested; Reinstatement of a Previously Approved Collection; Census of Jails 2024–26 AGENCY : Bureau of Justice Statistics, Department of Justice. ACTION : 60-Day notice. SUMMARY : The Bureau of Justice Statistics, Department of Justice (DOJ), will be submitting the following information collection request to the Office of Management and Budget VerDate Sep<11>2014 17:35 Dec 08, 2023 Jkt 262001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\11DEN1.SGM 11DEN1 lotter on DSK11XQN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – AD – Final - Thailand === 28738 Federal Register / Vol. 89, No. 77 / Friday, April 19, 2024 / Notices 1 See Boltless Steel Shelving Units Prepackaged for Sale from Thailand: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 88 FR 83389 (November 29, 2023) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Boltless Steel Shelving Units Prepackaged from Thailand: Amended Preliminary Determination of Sales at Less-Than-Fair-Value, 89 FR 62 (January 2, 2024) (Amended Preliminary Determination), and accompanying Amended Preliminary Determination Analysis Memorandum. 3 See Boltless Steel Shelving Units Prepackaged for Sale from Thailand: Preliminary Affirmative Determination of Sales at Less Than Fair Value and Amended Preliminary Determination of Sales at Less Than Fair Value; Correction, 89 FR 4591 (January 24, 2024) (Correction Notice). hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. Notification to Interested Parties This final determination and notice are 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 this investigation 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. 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. Changes From the Preliminary Determination IV. Use of Facts Otherwise Available and Adverse Inference V. Discussion of the Issues Comment 1: Whether Commerce’s Post- Preliminary Decision to Cancel Verification and Apply Adverse Facts Available (AFA) to EMI was Appropriate Comment 2: Whether Commerce Should Order Suspension of Liquidation of EMI’s Entries Dating Back to the Preliminary Determination VI. Recommendation [FR Doc. 2024–08374 Filed 4–18–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–549–846] Boltless Steel Shelving Units Prepackaged for Sale From Thailand: Final Affirmative 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 Thailand are being, or are 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 : Fred Baker, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2924. SUPPLEMENTARY INFORMATION : Background On November 29, 2023, Commerce published in the Federal Register its preliminary affirmative determination in this investigation, in which we also postponed the final determination until April 12, 2024. 1 On January 2, 2024, Commerce published in the Federal Register its Amended Preliminary Determination.2 We published a correction to the Preliminary Determination and Amended Preliminary Determination on January 24, 2024.3 We invited parties to comment on the Preliminary Determination. A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a VerDate Sep<11>2014 02:06 Apr 19, 2024 Jkt 262001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 lotter on DSK11XQN23PROD with NOTICES1 28739Federal Register / Vol. 89, No. 77 / Friday, April 19, 2024 / Notices 4 See Memorandum, ‘‘Decision Memorandum for the Final Affirmative Determination in the Less- Than-Fair-Value Investigation of Boltless Steel Shelving Units Prepackaged for Sale from Thailand,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 5 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). 6 See Memorandum, ‘‘Antidumping Duty Investigations of Boltless Steel Shelving Units Prepackaged for Sale from India, Malaysia, Taiwan, Thailand, and the Socialist Republic of Vietnam: Final Scope Decision Memorandum,’’ dated April 12, 2024 (Final Scope Decision Memorandum). 7 See Memoranda, ‘‘Verification of the Sales Response of Bangkok Sheet Metal Public Co., Ltd.,’’ dated March 12, 2024; ‘‘Verification of the Sales Response of Siam Metal Tech Co., Ltd.,’’ dated March 12, 2024; ‘‘Verification of the Cost Response of Siam Metal Tech Co., Ltd. in the Antidumping Duty Investigation of Boltless Steel Shelving Units Prepackaged (BSS) from Thailand’’ dated March 11, 2024; and, ‘‘Verification of the Cost Response of Bangkok Sheet Metal Public Co., Ltd. in the Antidumping Duty Investigation of Boltless Steel Shelving Units Prepackaged from Thailand’’ dated March 12, 2024. 8 See Amended Preliminary Determination, 89 FR at 62. full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum. 4 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. Scope of the Investigation The products covered by this investigation are boltless steel shelving from Thailand. 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.5 We received comments from interested parties on the Preliminary Scope Decision Memorandum, which we addressed in the Final Scope Decision Memorandum. 6 We did not make any changes to the scope of the investigation from the scope published in the Preliminary Determination. Verification Commerce verified the sales and cost information submitted by Bangkok Sheet Metal Public Co., Ltd. (Bangkok Sheet) and Siam Metal Tech Co., Ltd. (Siam Metal) 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 Bangkok Sheet and Siam Metal. We used standard verification procedures, including an examination of relevant sales and accounting records, and original source documents provided by Bangkok Sheet and Siam Metal.7 Analysis of Comments Received All issues raised in the case briefs and rebuttal briefs submitted by interested parties in this investigation are addressed 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 have made certain changes to the margin calculations for the Bangkok Sheet and Siam Metal since the Preliminary Determination. In addition, for both Bangkok Sheet and Siam Metal, we made changes certain changes based on minor corrections accepted during the cost and sales verifications. See the Issues and Decision Memorandum for a discussion of these changes. All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated weighted- average dumping margin for all other producers and exporters not individually investigated shall be equal to the weighted average of the estimated weighted-average dumping margins established for individually examined exporters and producers, excluding rates that are zero, de minimis, or determined entirely under section 776 of the Act, i.e., facts otherwise available. In this investigation, we calculated an individual estimated weighted-average dumping margin for Bangkok Sheet that is not zero, de minimis, or determined entirely on the basis of facts available.8 We also calculated a dumping margin for Siam Metal that is zero. Consequently, Commerce is assigning the estimated weighted-average dumping margin calculated for Bangkok Sheet to all other producers and exporters of the merchandise under consideration, pursuant to section 735(c)(5)(A) of the Act. Final Determination The final estimated weighted-average dumping margins are as follows: Exporter/Producer Estimated weighted- average dumping margin (percent) Bangkok Sheet Metal Public Co., Ltd. ............................ 2.75 Siam Metal Tech Co., Ltd. ... 0.00 All Others .............................. 2.75 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 accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, Commerce will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of subject merchandise as described in Appendix I of this notice, which were entered, or withdrawn from warehouse, for consumption, on or after November 29, 2023, the date of publication of the Preliminary Determination in the Federal Register. Because the estimated weighted- average dumping margin for Siam Metal as the producer and exporter is zero, entries of shipments of subject merchandise that are produced and exported by Siam Metal will not be subject to suspension of liquidation or cash deposit requirements. Accordingly, Commerce will direct CBP not to suspend liquidation of entries of subject merchandise produced and exported by Siam Metal. In accordance with section 735(a)(4) of the Act and 19 CFR 351.204(e)(1), should the investigation result in an antidumping duty order pursuant to section 736 of the Act, entries of shipments of subject merchandise from this producer/ exporter combination will be excluded from the order. However, entries of shipments of subject merchandise from this company in any other producer/ exporter combination, or by third parties that sourced subject merchandise from the excluded producer/exporter combination, will be subject to suspension of liquidation at the all-others rate. VerDate Sep<11>2014 02:06 Apr 19, 2024 Jkt 262001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 lotter on DSK11XQN23PROD with NOTICES1 28740 Federal Register / Vol. 89, No. 77 / Friday, April 19, 2024 / Notices Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), upon the publication of this notice, Commerce will instruct CBP to require a cash deposit equal to the estimated weighted-average dumping margin as follows: (1) the cash deposit rate for the respondents listed in the table above is equal to the company-specific estimated weighted-average dumping margin listed for the respondent in the table; (2) if the exporter is not a respondent identified in the table above but the producer is, then the cash deposit rate is equal to the company-specific estimated weighted-average dumping margin listed for the producer of the subject merchandise in the table above; and (3) the cash deposit rate for all other producers and exporters is equal to the all-others estimated weighted-average dumping margin listed in the table above. These suspension of liquidation instructions will remain in effect until further notice. U.S. International Trade Commission Notification In accordance with section 735(d) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its final affirmative determination of sales at LTFV. Because Commerce’s final determination in this proceeding is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of boltless steel shelving from Thailand no later than 45 days after this final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all cash deposits will be refunded or canceled, and suspension of liquidation will be lifted. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise that are entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ‘‘Continuation of Suspension of Liquidation’’ section above. 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 terms of an APO is a violation subject to sanction. Notification to Interested Parties This 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 this investigation 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. 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. Period of Investigation IV. Scope of the Investigation V. Changes from the Preliminary Determination VI. Discussion of the Issues Comment 1: Whether Commerce Should Revise Its Calculation of Constructed Value (CV) Profit and Selling Expenses Comment 2: Whether to Correct the Date of Sale for Siam Metal’s U.S. Sales Comment 3: Whether Commerce Should Revise Siam Metal’s and Bangkok Sheet’s Total Cost of Manufacture (TOTCOM) for the Subject Merchandise to Reflect the Total Cost Recorded in Their Generally Accepted Accounting Principles (GAAP)-Compliant Audited Financial Statements Comment 4: Whether Commerce Should Revise Its Calculation of General and Administrative (G&A) Expenses and Interest Expenses (INTEX) Comment 5: Whether Commerce Should Revise the Calculation of the Major Input Adjustment VerDate Sep<11>2014 02:06 Apr 19, 2024 Jkt 262001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 lotter on DSK11XQN23PROD with NOTICES1 28741Federal Register / Vol. 89, No. 77 / Friday, April 19, 2024 / Notices 1 See Boltless Steel Shelving Units Prepackaged for Sales from Taiwan: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 88 FR 83382 (November 29, 2023) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Decision Memorandum for the Final Affirmative Determination in the Less Than Fair Value Investigation of Boltless Steel Shelving Prepackaged for Sales from Taiwan,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 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). 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). 5 See Memoranda, ‘‘Verification of the Sales Response of Shin Yeh in the Antidumping Investigation of Boltless Steel Shelving Units Prepackaged for Sale from Taiwan,’’ dated February 29, 2024 ; and ‘‘Verification of the Cost Response of Taiwan Shin Yeh Enterprise Co., Ltd. in the Antidumping Duty Investigation of Boltless Steel Shelving Units Prepackaged for Sale from Taiwan,’’ dated March 8, 2024. 6 See Shin Yeh’s Letter, ‘‘Shin Yeh Response to Request for Revised Sales Data,’’ dated January 31, 2024. 7 See Memorandum, ‘‘Cost of Production and Constructed Value Calculation Adjustments for the Final Determination—Taiwan Shin Yeh Enterprise Co., Ltd.,’’ dated concurrently with this memorandum (Final Cost Calculation Memorandum). 8 Id., see also Memorandum, ‘‘Final Determination Analysis Memorandum for Shin Yeh,’’ dated concurrently with this memorandum; dated concurrently with this memorandum (Final Sales Calculation Memorandum). 9 See Preliminary Determination, 88 FR at 83383. 10 See Preliminary Determination PDM at 7. Comment 6: Whether Commerce Should Revise Bangkok Sheet’s G&A Expenses to Remove the Prior Year’s Bad Debt Allowance Comment 7: Whether Commerce Should Revise Bangkok Sheet’s Costs to Correct Understated Direct Material Costs, Labor Costs, and Should Include Allowance for Obsolete Goods Comment 8: Whether Commerce Should Apply Its Cohen’s d Test VII. Recommendation [FR Doc. 2024–08373 Filed 4–18–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–583–871] Boltless Steel Shelving Units Prepackaged for Sale From Taiwan: Final Affirmative 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 Taiwan are being, or are 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 : Joy Zhang, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1168. SUPPLEMENTARY INFORMATION : Background On November 29, 2023, Commerce published in the Federal Register its preliminary affirmative determination in this investigation, in which we also postponed the final determination until April 12, 2024. 1 We invited parties to comment on the Preliminary Determination. 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. Scope of the Investigation The product covered by this investigation is boltless steel shelving from Taiwan. 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 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. Verification Commerce verified the sales and cost information relied upon in making its final determination in this investigation, in accordance 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, U.S. sales, and cost of production responses submitted by Taiwan Shin Yeh Enterprise Co., Ltd (Shin Yeh).5 Analysis of Comments Received All issues raised in the case and rebuttal briefs submitted by interested parties in this investigation are addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is attached to this notice as Appendix II. Changes Since the Preliminary Determination We are incorporating Shin Yeh’s revised home market and U.S. sales database submitted on January 31, 2024, which reflects changes from minor corrections Shin Yeh submitted at verification. 6 We also have adjusted Shin Yeh’s reported costs. 7 These minor corrections and cost adjustments resulted in a change to the estimated weighted-average dumping margin calculated for Shin Yeh from the Preliminary Determination.8 Use of Adverse Facts Available (AFA) As discussed in the Preliminary Determination, Commerce assigned to a mandatory respondent in this investigation, Jin Yi Sheng Industrial Co., Ltd. (Jin Yi Sheng) an estimated weighted-average dumping margins on the basis of adverse facts available (AFA), pursuant to sections 776(a) and (b) of the Act.9 There is no new information on the record that would cause us to revisit our decision in the Preliminary Determination. Accordingly, for the reasons explained in the Preliminary Determination, and consistent with Commerce’s practice, as AFA, we assigned Jin Yi Sheng the highest corroborated dumping margin alleged in the petition. 10 All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated weighted- average dumping margin for all other VerDate Sep<11>2014 02:06 Apr 19, 2024 Jkt 262001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 lotter on DSK11XQN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Orders - AD - Malaysia - Taiwan - Thailand - Vietnam === 48555Federal Register / Vol. 89, No. 111 / Friday, June 7, 2024 / Notices 1 See Boltless Steel Shelving Units Prepackaged for Sale from Malaysia: Final Affirmative Determination of Sales at Less-Than-Fair Value, 89 FR 28736 (April 19, 2024); Boltless Steel Shelving Units Prepackaged for Sale from Taiwan: Final Affirmative Determination of Sales at Less Than Fair Value, 89 FR 28741 (April 19, 2024) (Taiwan Final Determination); Boltless Steel Shelving Units Prepackaged for Sale from Thailand: Final Affirmative Determination of Sales at Less Than Fair Value, 89 FR 28738 (April 19, 2024); Boltless Steel Shelving Units Prepackaged for Sale from the Socialist Republic of Vietnam: Final Affirmative Determination of Sales at Less-Than-Fair-Value, 89 FR 28743 (April 19, 2024). 2 See Shin Yeh’s Letter, ‘‘Shin Yeh Request for Correction of Ministerial Error,’’ dated April 16, 2024 (Ministerial Error Allegation). 3 See ITC’s Letter, Investigation No. 731–TA– 1608–1611 (Final), dated June 3, 2024. 4 See Ministerial Error Allegation. 5 See Petitioner’s Letter, ‘‘Response to Shin Yeh’s Ministerial Error Allegation,’’ dated April 22, 2024. 6 See Memorandum, ‘‘Less-Than-Fair-Value Investigation of Boltless Steel Shelving Units Prepackaged for Sale from Taiwan: Allegation of Ministerial Error in the Final Determination,’’ dated May 9, 2024 (Ministerial Error Memorandum). Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Final Results of Sunset Reviews Pursuant to sections 751(c)(1) and 752(b) of the Act, we determine that revocation of the Order would be likely to lead to continuation or recurrence of countervailable subsidies at the following net countervailable subsidy rates: Company Subsidy rate (percent) Seng San Enterprises Co., Ltd .... 18.03 Joynice Gifts & Crafts Co., Ltd ..... 14.27 Santa’s Collection Shaoxing Co., Ltd ............................................. 94.67 All Others ...................................... 16.15 Administrative Protective Order (APO) This notice serves as the only reminder to parties subject to an APO of their responsibility concerning the return or destruction of proprietary information disclosed under an APO in accordance with 19 CFR 351.305(a). 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 terms of an APO is a violation which is subject to sanction. Notification to Interested Parties We are issuing and publishing the final results and this notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act, and 19 CFR 351.218. Dated: May 31, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. History of the Order V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of a Countervailable Subsidy 2. Net Countervailable Subsidy Rates Likely to Prevail 3. Nature of the Subsidies VII. Final Results of Sunset Review VIII. Recommendation [FR Doc. 2024–12518 Filed 6–6–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–557–824, A–583–871, A–549–846, A–552– 835] Boltless Steel Shelving Units Prepackaged for Sale From Malaysia, Taiwan, Thailand, and the Socialist Republic of Vietnam: Amended Final Affirmative Antidumping Duty Determination for Taiwan and Antidumping Duty Orders AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : Based on affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing antidumping duty orders on boltless steel shelving units prepackaged for sale (boltless steel shelving) from India, Malaysia, Taiwan, Thailand, and the Socialist Republic of Vietnam (Vietnam). In addition, Commerce is amending its final determination with respect to boltless steel shelving from Taiwan to correct a ministerial error. DATES : Applicable June 7, 2024. FOR FURTHER INFORMATION CONTACT : Samuel Frost (Malaysia), Joy Zhang (Taiwan), Fred Baker (Thailand), and Eliza DeLong or Eric Hawkins (Vietnam), AD/CVD Operations, Offices III, V, and VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–8180, (202) 482–1168, (202) 482–2924, and (202) 482–3878 or (202) 482–1988, respectively. SUPPLEMENTARY INFORMATION : Background In accordance with sections 735(d) and 777(i) of the Tariff Act of 1930, as amended (the Act), on April 19, 2024, Commerce published its affirmative final determinations in the less-than- fair-value (LTFV) investigations of boltless steel shelving from Malaysia, Taiwan, Thailand, and Vietnam. 1 In the investigation of boltless steel shelving from Taiwan, respondent Taiwan Shin Yeh Enterprise Co., Ltd. (Shin Yeh), submitted a timely allegation that Commerce made a ministerial error in the final determination.2 We reviewed the allegation and determined that we had made a ministerial error in the final determination on boltless steel shelving from Taiwan. As a result, we are amending the final determination for Taiwan. See ‘‘Amendment to the Final Determination for Taiwan’’ section below for further discussion. On June 3, 2024, the ITC notified Commerce of its final determinations, pursuant to section 735(d) of the Act, that an industry in the United States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act by reason of LTFV imports of boltless steel shelving from Malaysia, Taiwan, Thailand, and Vietnam.3 Scope of the Orders The products covered by these orders are boltless steel shelving from Malaysia, Taiwan, Thailand, and Vietnam. For a complete description of the scope of these orders, see the appendix to this notice. Amended Final Determination for Taiwan On April 16, 2024, Shin Yeh timely alleged that Commerce had made a ministerial error in the Taiwan Final Determination with respect to the calculation of the dumping margin assigned to Shin Yeh. 4 Edsal Manufacturing Co., Ltd. (the petitioner) submitted rebuttal comments to Shin Yeh’s allegation on April 22, 2024. 5 No other party made an allegation of ministerial errors. Commerce reviewed the record and, on May 9, 2024, agreed that the error alleged by Shin Yeh constituted a ministerial error within the meaning of section 735(e) of the Act and 19 CFR 351.224(f). 6 Specifically, Commerce found that it had failed to make a correction to the commission offset variable in the margin program that it had made in the comparison- VerDate Sep<11>2014 17:23 Jun 06, 2024 Jkt 262001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 ddrumheller on DSK120RN23PROD with NOTICES1 48556 Federal Register / Vol. 89, No. 111 / Friday, June 7, 2024 / Notices 7 See Memorandum, ‘‘Amended Final Determination Analysis Memorandum for Shin Yeh,’’ dated May 9, 2024. 8 Id. 9 See Boltless Steel Shelving Units Prepackaged for Sale from Malaysia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 88 FR 83386 (November 29, 2023); Boltless Steel Shelving Units Prepackaged for Sale from Taiwan: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 88 FR 83382 (November 29, 2023); Boltless Steel Shelving Units Prepackaged for Sale from Thailand: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 88 FR 83389 (November 29, 2023); Boltless Steel Shelving Units Prepackaged for Sale from the Socialist Republic of Vietnam: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 88 FR 83392 (November 29, 2023) (collectively, Preliminary Determinations). See also Boltless Steel Shelving Units Prepackaged for Sale from Thailand: Amended Preliminary Determination of Sales at Less-Than-Fair-Value, 89 FR 62 (January 2, 2024) and Boltless Steel Shelving Units Prepackaged for Sale from Thailand: Preliminary Affirmative Determination of Sales at Less Than Fair Value and Amended Preliminary Determination of Sales at Less Than Fair Value; Correction, 89 FR 4591 (January 24, 2024). market program. 7 Pursuant to 19 CFR 351.224(e), Commerce is amending the Taiwan Final Determination to reflect the correction of the ministerial error, as described in the Ministerial Error Memorandum. 8 Based on the correction, Shin Yeh’s final dumping margin changed from 8.09 to 7.03 percent. As a result, we are also revising the all- others rate for Taiwan from 8.09 to 7.03 percent. The amended estimated weighted-average dumping margins for Taiwan are listed in the ‘‘Estimated Weighted-Average Dumping Margins’’ section below. Antidumping Duty Orders On June 3, 2024, in accordance with section 735(d) of the Act, the ITC notified Commerce of its final determinations in these investigations, in which it found that an industry in the United States is materially injured by reason of imports of boltless steel shelving from Malaysia, Taiwan, Thailand, and Vietnam. Therefore, in accordance with section 735(c)(2) of the Act, Commerce is issuing these antidumping orders. Because the ITC determined that imports of boltless steel shelving from Malaysia, Taiwan, Thailand, and Vietnam are materially injuring a U.S. industry, unliquidated entries of such merchandise from Malaysia, Taiwan, Thailand, and Vietnam entered or withdrawn from warehouse for consumption, are subject to the assessment of antidumping duties. Therefore, in accordance with section 736(a)(1) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by Commerce, antidumping duty deposits equal to the amount by which the normal value of the merchandise exceeds the export price (or constructed export price) of the merchandise, for all relevant entries of boltless steel shelving from Malaysia, Taiwan, Thailand, and Vietnam. With the exception of entries occurring after the expiration of the provisional measures period and before publication of the ITC’s final affirmative injury determinations, as further described below, antidumping duties will be assessed on unliquidated entries of boltless steel shelving from Malaysia, Taiwan, Thailand, and Vietnam, entered, or withdrawn from warehouse, for consumption, on or after November 29, 2023, the date of publication of the Preliminary Determinations.9 Continuation of Suspension of Liquidation and Cash Deposits Except as noted in the ‘‘Provisional Measures’’ section of this notice, in accordance with section 735(c)(1)(B) of the Act, Commerce will instruct CBP to continue to suspend liquidation on all relevant entries of boltless steel shelving from Malaysia, Taiwan, Thailand, and Vietnam. These instructions suspending liquidation will remain in effect until further notice. Commerce will also instruct CBP to require cash deposits equal to the estimated weighted-average dumping margins indicated in the tables below. Accordingly, effective on the date of publication in the Federal Register of the notice of the ITC’s final affirmative injury determinations, CBP will require, at the same time as importers would normally deposit estimated duties on subject merchandise, a cash deposit equal to the rates listed in the table below. The all-others rate applies to all producers or exporters not specifically listed, as appropriate. With respect to the order on Thailand, as indicated below, the estimated antidumping duty margin for Siam Metal Tech Co., Ltd. (Siam Metal) as the producer and exporter is zero. Therefore, entries of subject merchandise that are produced and exported by Siam Metal will not be subject to this order. Accordingly, Commerce will direct CBP not to suspend liquidation of, or to require cash deposits of estimated antidumping duties on, entries of subject merchandise produced and exported by Siam Metal. Therefore, in accordance with section 735(a)(4) of the Act and 19 CFR 351.204(e)(1), entries of subject merchandise from this producer/ exporter combination will be excluded from the order. However, entries of subject merchandise from this company in any other producer/exporter combination, or by third parties that sourced subject merchandise from the excluded producer/exporter combination, will be subject to suspension of liquidation and cash deposits of estimated antidumping duties at the all-others rate. Estimated Weighted-Average Dumping Margins The estimated weighted-average dumping margins are as follows: MALAYSIA Exporter/producer Dumping margins (percent) Eonmetall Industries Sdn. Bhd ............................................................................................................................................................ * 81.12 Nanjing Chervon Industry Co., Ltd ...................................................................................................................................................... * 81.12 Wuxi Bote Electrical Apparatus Co., Ltd ............................................................................................................................................. * 81.12 All Others ............................................................................................................................................................................................. 58.29 * Rate based on facts available with adverse inferences. VerDate Sep<11>2014 17:23 Jun 06, 2024 Jkt 262001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 ddrumheller on DSK120RN23PROD with NOTICES1 48557Federal Register / Vol. 89, No. 111 / Friday, June 7, 2024 / Notices 10 Id. 11 See, e.g., Certain Corrosion-Resistant Steel Products from India, India, the People’s Republic of China, the Republic of Korea and Taiwan: Amended Final Affirmative Antidumping Determination for India and Taiwan, and Antidumping Duty Orders, 81 FR 48390, 48392 (July 25, 2016). 12 See Regulations to Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20, 2021) (Final Rule). 13 See Scope Ruling Application; Annual Inquiry Service List; and Informational Sessions, 86 FR 53205 (September 27, 2021) (Procedural Guidance). 14 Id. 15 This segment will be combined with the ACCESS Segment Specific Information (SSI) field, which will display the month in which the notice of the order or suspended investigation was published in the Federal Register, also known as the anniversary month. For example, for an order under case number A–000–000 that published in the Federal Register in January, the relevant segment and SSI combination will appear in ACCESS as ‘‘AISL-January Anniversary.’’ Note that there will be only one annual inquiry service list segment per case number, and the anniversary month will be pre-populated in ACCESS. TAIWAN Exporter/producer Dumping margins (percent) Taiwan Shin Yeh Enterprise Co., Ltd .................................................................................................................................................. 7.03 Jin Yi Sheng Industrial Co., Ltd ........................................................................................................................................................... * 78.12 All Others ............................................................................................................................................................................................. 7.03 * Rate based on facts available with adverse inferences. THAILAND Exporter/producer Dumping margins (percent) Bangkok Sheet Metal Public Co., Ltd ................................................................................................................................................. 2.75 Siam Metal Tech Co., Ltd .................................................................................................................................................................... 0.00 All Others ............................................................................................................................................................................................. 2.75 VIETNAM Exporter Producer Dumping margins (percent) Xinguang (Vietnam) Logistic Equipment Co., Ltd ...................... Xinguang (Vietnam) Logistic Equipment Co., Ltd ...................... 181.60 Vietnam-Wide Entity ................................................................... * 224.94 * Rate based on facts available with adverse inferences. Provisional Measures Section 733(d) of the Act states that suspension of liquidation pursuant to an affirmative preliminary determination may not remain in effect for more than four months, except where exporters representing a significant proportion of exports of the subject merchandise request that Commerce extend the four- month period to no more than six months. At the request of exporters that account for a significant proportion of boltless steel shelving from Malaysia, Taiwan, Thailand, and Vietnam, Commerce extended the four-month period to six months in each of these investigations. Commerce published the Preliminary Determinations on November 29, 2023.10 The extended provisional measures period, beginning on the date of publication of the Preliminary Determinations, ended on May 26, 2024. Therefore, in accordance with section 733(d) of the Act and our practice,11 Commerce will instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, unliquidated entries of boltless steel shelving from Malaysia, Taiwan, Thailand, and Vietnam entered or withdrawn from warehouse, for consumption after May 26, 2024, the final day on which the provisional measures were in effect, until and through the day preceding the date of publication of the ITC’s final affirmative injury determinations in the Federal Register. Suspension of liquidation and the collection of cash deposits will resume on the date of publication of the ITC’s final determinations in the Federal Register. Establishment of the Annual Inquiry Service Lists On September 20, 2021, Commerce published the final rule titled ‘‘Regulations to Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws’’ in the Federal Register. 12 On September 27, 2021, Commerce also published the notice titled ‘‘Scope Ruling Application; Annual Inquiry Service List; and Informational Sessions’’ in the Federal Register.13 The Final Rule and Procedural Guidance provide that Commerce will maintain an annual inquiry service list for each order or suspended investigation, and any interested party submitting a scope ruling application or request for circumvention inquiry shall serve a copy of the application or request on the persons on the annual inquiry service list for that order, as well as any companion order covering the same merchandise from the same country of origin.14 In accordance with the Procedural Guidance, for orders published in the Federal Register after November 4, 2021, Commerce will create an annual inquiry service list segment in Commerce’s online e-filing and document management system, Antidumping and Countervailing Duty Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the notice of the order. Each annual inquiry service list will be saved in ACCESS, under each case number, and under a specific segment type called ‘‘AISL-Annual Inquiry Service List.’’ 15 VerDate Sep<11>2014 17:23 Jun 06, 2024 Jkt 262001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 ddrumheller on DSK120RN23PROD with NOTICES1 48558 Federal Register / Vol. 89, No. 111 / Friday, June 7, 2024 / Notices 16 See Procedural Guidance, 86 FR at 53206. 17 See Final Rule, 86 FR at 52335. Interested parties who wish to be added to the annual inquiry service list for an order must submit an entry of appearance to the annual inquiry service list segment for the order in ACCESS within 30 days after the date of publication of the order. For ease of administration, Commerce requests that law firms with more than one attorney representing interested parties in an order designate a lead attorney to be included on the annual inquiry service list. Commerce will finalize the annual inquiry service list within five business days thereafter. As mentioned in the Procedural Guidance,16 the new annual inquiry service list will be in place until the following year, when the Opportunity Notice for the anniversary month of the order is published. Commerce may update an annual inquiry service list at any time as needed based on interested parties’ amendments to their entries of appearance to remove or otherwise modify their list of members and representatives, or to update contact information. Changes or announcements pertaining to these procedures will be posted to the ACCESS website at https://access.trade.gov. Special Instructions for Petitioners and Foreign Governments In the Final Rule, Commerce stated that, ‘‘after an initial request and placement on the annual inquiry service list, both petitioners and foreign governments will automatically be placed on the annual inquiry service list in the years that follow.’’ 17 Accordingly, as stated above, the petitioners and foreign governments should submit their initial entry of appearance after publication of this notice in order to appear in the first annual inquiry service list. Pursuant to 19 CFR 351.225(n)(3), the petitioners and foreign governments will not need to resubmit their entries of appearance each year to continue to be included on the annual inquiry service list. However, the petitioners and foreign governments are responsible for making amendments to their entries of appearance during the annual update to the annual inquiry service list in accordance with the procedures described above. Notification to Interested Parties This notice constitutes the antidumping duty orders with respect to boltless steel shelving from Malaysia, Taiwan, Thailand, and Vietnam pursuant to section 736(a) of the Act. Interested parties can find a list of antidumping duty orders currently in effect at https://www.trade.gov/data- visualization/adcvd-proceedings. The amended Taiwan final determination and these antidumping duty orders are published in accordance with sections 735(e) and 736(a) of the Act and 19 CFR 351.224(e) and 19 CFR 351.211(b). Dated: June 3, 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 Scope of the Orders The scope of these 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 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 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. 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 these orders is dispositive. [FR Doc. 2024–12566 Filed 6–6–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–077, A–533–881, A–122–863, A–484– 803, A–580–897, A–489–833] Large Diameter Welded Pipe From the People’s Republic of China, India, Canada, Greece, the Republic of Korea, and the Republic of Tu¨ rkiye: Final Results of the Expedited First Sunset Reviews of the Antidumping Duty Orders AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : As a result of these expedited sunset reviews, the U.S. Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) orders on large diameter welded pipe (welded pipe) from the People’s Republic of China (China), India, Canada, Greece, the Republic of Korea (Korea), and the Republic of Tu¨ rkiye (Tu¨ rkiye) would likely to lead to VerDate Sep<11>2014 17:23 Jun 06, 2024 Jkt 262001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 ddrumheller on DSK120RN23PROD with NOTICES1