[Federal Register Volume 88, Number 177 (Thursday, September 14, 2023)]
[Notices]
[Pages 63064-63067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19897]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-133, C-570-134]


Certain Metal Lockers and Parts Thereof From the People's 
Republic of China: Final Results of Antidumping Duty Changed 
Circumstances Reviews, and Intent To Revoke the Antidumping and 
Countervailing Duty Orders, in Part

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) is issuing the 
final results of changed circumstances reviews (CCRs) of the 
antidumping duty (AD) and countervailing duty (CVD) orders on certain 
metal lockers and parts thereof (metal lockers) from the People's 
Republic of China (China), to revoke the orders, in part, with respect 
to certain gun safes.

DATES: Applicable September 14, 2023.

FOR FURTHER INFORMATION CONTACT: Matthew Palmer, 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) 482-1678.

SUPPLEMENTARY INFORMATION:

Background

    On July 24, 2023, Commerce published its initiation and preliminary 
results in the CCRs on metal lockers from China,\1\ in which Commerce 
found that changed circumstances warranted revocation of the Orders,\2\ 
in part, with respect to such gun safes, with an effective date 
retroactive to the date of the Orders. We provided interested parties 
with the opportunity to comment and request a public hearing regarding 
the Preliminary Results.
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    \1\ See Certain Metal Lockers and Parts Thereof from the 
People's Republic of China: Initiation and Expedited Preliminary 
Results of Changed Circumstances Reviews, and Intent to Revoke the 
Antidumping and Countervailing Duty Orders, in Part, 88 FR 47474 
(July 24, 2023) (Preliminary Results).
    \2\ See Certain Metal Lockers and Parts Thereof from the 
People's Republic of China: Antidumping and Countervailing Duty 
Orders, 86 FR 46826 (August 20, 2021) (Orders).
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    On August 7, 2023, Academy, Ltd., (Academy), submitted a case 
brief,\3\ and Fort Knox, Inc. (Fort Knox) submitted a letter in lieu of 
a case brief.\4\ On August 14, 2023, Tractor Supply Company (TSC) and 
List Industries, Inc. (List) and Tennsco LLC (Tennsco) (collectively, 
the petitioners) submitted rebuttal briefs.\5\
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    \3\ See Academy's Letter, ``Metal Lockers from the People's 
Republic of China: Academy, Ltd.'s Case Brief,'' dated August 7, 
2023 (Academy's Case Brief).
    \4\ See Fort Knox's Letter, ``Letter in Lieu of Case Brief, 
Comments of Fort Knox, Inc. on Preliminary Results of CCR and Intent 
to Revoke the Orders, in Part,'' dated August 7, 2023 (Fort Knox's 
Comments).
    \5\ See TSC's Letter, ``Rebuttal Brief,'' dated August 14, 2023 
(TSC's Rebuttal Brief); and See Petitioners' Letter, ``Rebuttal 
Brief of Petitioner,'' dated August 14, 2023 (Petitioners' Rebuttal 
Brief).
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Scope of the Orders

    The scope of the Orders covers certain metal lockers, with or 
without doors, and parts thereof (metal lockers). The subject certain 
metal lockers are classified under Harmonized Tariff Schedule of the 
United States (HTSUS) subheading 9403.20.0078. Parts of subject certain 
metal lockers are classified under HTS subheading 9403.90.8041. In 
addition, subject certain metal lockers may also enter under HTS 
subheading 9403.20.0050. While HTSUS subheadings are provided for 
convenience and Customs purposes, the written description of the scope 
of the Orders is dispositive. For a full description of the revised 
scope of the Orders, see Appendix II.

Analysis of Comments Received

    All issues raised by the parties in the case brief, letter in lieu 
of a case brief, and rebuttal briefs are addressed in the Issues and 
Decision Memorandum \6\ and are listed in Appendix I. The Issues and 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \6\ See Memorandum, ``Certain Metal Lockers and Parts Thereof 
from the People's Republic of China: Final Results of Changed 
Circumstances Reviews,'' dated concurrently with, and hereby adopted 
by, this notice (Issues and Decision Memorandum).

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[[Page 63065]]

Final Results of Changed Circumstances Reviews and Revocation of the 
Orders, in Part

    Upon review of the comments received,\7\ Commerce continues to 
determine that domestic locker producers accounting for greater than 85 
percent of the domestic industry have expressed support for TSC's 
requested CCRs,\8\ which includes support from the original petitioners 
and other domestic locker producers,\9\ and as a result, Commerce finds 
that changed circumstances warrant revocation of the Orders, in part, 
with respect to certain gun safes, as described in the revised scope 
language.\10\
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    \7\ See Academy's Case Brief; and Fort Knox's Comments; and 
Academy's Request to Reject Fort Knox's Comments; and TSC's Rebuttal 
Brief; and Petitioners' Rebuttal Brief.
    \8\ See TSC's Letter, ``Request for Changed Circumstances 
Review,'' dated June 8, 2023 (TSC's Request).
    \9\ See TSC's Request at 2 (citing Exhibit 1); see also 
Petitioner's Letter, ``Response to Changed Circumstance Review 
Request,'' dated June 22, 2023 (Petitioner's Comments) at 12-13.
    \10\ See Appendix II.
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    As a result of this determination, Commerce finds that entries of 
certain gun safe models imported by TSC, specifically, TS12-30 and 
TS20-30,\11\ are excluded from the Orders.
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    \11\ See TSC's Request at 1.
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Application of the Final Results of These Reviews

    TSC requested that Commerce apply the final results of these 
reviews retroactively to the date of the Orders, i.e., August 20, 2021. 
Section 751(d)(3) of the Tariff Act of 1930, as amended (the Act) 
provides that ``{a{time}  determination under this section to revoke an 
order . . . shall apply with respect to unliquidated entries of the 
subject merchandise which are entered, or withdrawn from warehouse, for 
consumption on or after the date determined by the administering 
authority.'' We note that substantially all of the domestic industry, 
which is in support of the partial revocation, also agrees with 
applying the partial revocation retroactive to the date of the Orders. 
Thus, because all parties are in agreement, and Commerce has no 
administrability concerns with the proposed effective date of the 
partial revocation being the date of the Orders, the final results of 
these CCRs are applicable, effective August 20, 2021.

Instructions to CBP

    Because we determine that there are changed circumstances that 
warrant the revocation of the Orders, in part, we will instruct CBP to 
liquidate without regard to antidumping and countervailing duties, and 
to refund any estimated antidumping and countervailing duties on, all 
unliquidated entries of the merchandise covered by this partial 
revocation, effective the date of the Orders, August 20, 2021.
    Commerce intends to issue instructions to CBP no earlier than 35 
days after the date of publication of these final results of CCRs in 
the Federal Register. If a timely summons is filed at the U.S. Court of 
International Trade, the instructions will direct CBP not to liquidate 
relevant entries until the time for parties to file a request for a 
statutory injunction has expired (i.e., within 90 days of publication).

Administrative Protective Order

    This notice serves as a 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 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 sanctionable 
violation.

Notification to Interested Parties

    This notice is published in accordance with sections 751(b)(1) and 
777(i)(1) of the Act and 19 CFR 351.216(b), 351.221(b), and 
351.221(c)(3).

    Dated: September 7, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Orders
IV. Discussion of the Issues
    Comment 1: Commerce Should Not Withdraw Protections Afforded to 
U.S. Gun Safe Manufacturers
    Comment 2: The Current and Proposed Scope Language Pertaining to 
Gun Safe Exclusions Should be Broadened
V. Recommendation

Appendix II--Revised Scope of the Orders

    The scope of the Orders covers certain metal lockers, with or 
without doors, and parts thereof (metal lockers). The subject metal 
lockers are secure metal storage devices less than 27 inches wide 
and less than 27 inches deep, whether floor standing, installed onto 
a base or wall-mounted. In a multiple locker assembly (whether a 
welded locker unit, otherwise assembled locker unit or knocked down 
unit or kit), the width measurement shall be based on the width of 
an individual locker not the overall unit dimensions. All 
measurements in this scope are based on actual measurements taken on 
the outside dimensions of the single-locker unit. The height is the 
vertical measurement from the bottom to the top of the unit. The 
width is the horizontal (side to side) measurement of the front of 
the unit, and the front of the unit is the face with the door or 
doors or the opening for internal access of the unit if configured 
without a door. The depth is the measurement from the front to the 
back of the unit. The subject certain metal lockers typically 
include the bodies (back, side, shelf, top and bottom panels), door 
frames with or without doors which can be integrated into the sides 
or made separately, and doors.
    The subject metal lockers typically are made of flat-rolled 
metal, metal mesh and/or expanded metal, which includes but is not 
limited to alloy or non-alloy steel (whether or not galvanized or 
otherwise metallically coated for corrosion resistance), stainless 
steel, or aluminum, but the doors may also include transparent 
polycarbonate, Plexiglas or similar transparent material or any 
combination thereof. Metal mesh refers to both wire mesh and 
expanded metal mesh. Wire mesh is a wire product in which the 
horizontal and transverse wires are welded at the cross-section in a 
grid pattern. Expanded metal mesh is made by slitting and stretching 
metal sheets to make a screen of diamond or other shaped openings.
    Where the product has doors, the doors are typically configured 
with or for a handle or other device or other means that permit the 
use of a mechanical or electronic lock or locking mechanism, 
including, but not limited to: A combination lock, a padlock, a key 
lock (including cylinder locks) lever or knob lock, electronic key 
pad, or other electronic or wireless lock. The handle and locking 
mechanism, if included, need not be integrated into one another. The 
subject locker may or may not also enter with the lock or locking 
device included or installed. The doors or body panels may also 
include vents (including wire mesh or expanded metal mesh vents) or 
perforations. The bodies, body components and doors are typically 
powder coated, otherwise painted or epoxy coated or may be 
unpainted. The subject merchandise includes metal lockers imported 
either as welded or otherwise assembled units (ready for 
installation or use) or as knocked down units or kits (requiring 
assembly prior to installation or use).
    The subject lockers may be shipped as individual or multiple 
locker units preassembled, welded, or combined into banks or tiers 
for ease of installation or as sets of component parts, bulk packed 
(i.e., all backs in one package, crate, rack, carton or container 
and sides in another package, crate, rack, carton or container) or 
any combination thereof. The knocked down lockers are shipped 
unassembled requiring a supplier, contractor or end-user to assemble 
the individual lockers and locker banks prior to installation.
    The scope also includes all parts and components of lockers made 
from flat-rolled

[[Page 63066]]

metal or expanded metal (e.g., doors, frames, shelves, tops, 
bottoms, backs, side panels, etc.) as well as accessories that are 
attached to the lockers when installed (including, but not limited 
to, slope tops, bases, expansion filler panels, dividers, recess 
trim, decorative end panels, and end caps) that may be imported 
together with lockers or other locker components or on their own. 
The particular accessories listed for illustrative purposes are 
defined as follows:
    a. Slope tops: Slope tops are slanted metal panels or units that 
fit on the tops of the lockers and that slope from back to front to 
prevent the accumulation of dust and debris on top of the locker and 
to discourage the use of the tops of lockers as storage areas. Slope 
tops come in various configurations including, but not limited to, 
unit slope tops (in place of flat tops), slope hoods made of a back, 
top and end pieces which fit over multiple units and convert flat 
tops to a sloping tops, and slope top kits that convert flat tops to 
sloping tops and include tops, backs and ends.
    b. Bases: Locker bases are panels made from flat-rolled metal 
that either conceal the legs of the locker unit, or for lockers 
without legs, provide a toe space in the front of the locker and 
conceal the flanges for floor anchoring.
    c. Expansion filler panel: Expansion filler panels or fillers 
are metal panels that attach to locker units to cover columns, pipes 
or other obstacles in a row of lockers or fill in gaps between the 
locker and the wall. Fillers may also include metal panels that are 
used on the sides or the top of the lockers to fill gaps.
    d. Dividers: Dividers are metal panels that divide the space 
within a locker unit into different storage areas.
    e. Recess trim: Recess trim is a narrow metal trim that bridges 
the gap between lockers and walls or soffits when lockers are 
recessed into a wall.
    f. Decorative end panels: End panels fit onto the exposed ends 
of locker units to cover holes, bolts, nuts, screws and other 
fasteners. They typically are painted to match the lockers.
    g. End caps: End caps fit onto the exposed ends of locker units 
to cover holes, bolts, nuts, screws and other fasteners.
    The scope also includes all hardware for assembly and 
installation of the lockers and locker banks that are imported with 
or shipped, invoiced, or sold with the imported locker or locker 
system except the lock.
    Excluded from the scope are wire mesh lockers. Wire mesh lockers 
are those with each of the following characteristics:
    (1) At least three sides, including the door, made from wire 
mesh;
    (2) the width and depth each exceed 25 inches; and
    (3) the height exceeds 90 inches.
    Also excluded are lockers with bodies made entirely of plastic, 
wood, or any nonmetallic material.
    Also excluded are exchange lockers with multiple individual 
locking doors mounted on one master locking door to access multiple 
units. Excluded exchange lockers have multiple individual storage 
spaces, typically arranged in tiers, with access doors for each of 
the multiple individual storage space mounted on a single frame that 
can be swung open to allow access to all of the individual storage 
spaces at once. For example, uniform or garment exchange lockers are 
designed for the distinct function of securely and hygienically 
exchanging clean and soiled uniforms. Thus, excluded exchange 
lockers are a multi-access point locker whereas covered lockers are 
a single access point locker for personal storage. The excluded 
exchange lockers include assembled exchange lockers and those that 
enter in `knock down' form in which all of the parts and components 
to assemble a completed exchange locker unit are packaged together. 
Parts for exchange lockers that are imported separately from the 
exchange lockers in `knock down' form are not excluded.
    Also excluded are metal lockers that are imported with an 
installed electronic, internet-enabled locking device that permits 
communication or connection between the locker's locking device and 
other internet connected devices.
    Also excluded are locks and hardware and accessories for 
assembly and installation of the lockers, locker banks and storage 
systems that are separately imported in bulk and are not 
incorporated into a locker, locker system or knocked down kit at the 
time of importation. Such excluded hardware and accessories include 
but are not limited to locks and bulk imported rivets, nuts, bolts, 
hinges, door handles, door/frame latching components, and coat 
hooks. Accessories of sheet metal, including but not limited to end 
panels, bases, dividers and sloping tops, are not excluded 
accessories.
    Mobile tool chest attachments that meet the physical description 
above are covered by the scope of the Orders, unless such 
attachments are covered by the scope of the Orders on certain tool 
chests and cabinets from China. If the Orders on certain tool chests 
and cabinets from China are revoked, the mobile tool chest 
attachments from China will be covered by the scope of the Orders.
    The scope also excludes metal safes with each of the following 
characteristics: (1) Pry resistant, concealed hinges; (2) body walls 
and doors of steel that are at least 17 gauge (0.05625 inch or 
1.42874 mm thick); and (3) an integrated locking mechanism that 
includes at least two round steel bolts 0.75 inch (19 mm) or larger 
in diameter; or three bolts 0.70 inch (17.78 mm) or more in 
diameter; or four or more bolts at least 0.60 inch (15.24 mm) or 
more in diameter, that project from the door into the body or frame 
of the safe when in the locked position.
    The scope also excludes gun safes meeting each of the following 
requirements:
    (1) Shall be able to fully contain firearms and provide for 
their secure storage.
    (2) Shall have a locking system consisting of at minimum a 
mechanical or electronic combination lock. The mechanical or 
electronic combination lock utilized by the safe shall have at least 
10,000 possible combinations consisting of a minimum three numbers, 
letters, or symbols. The lock shall be protected by a casehardened 
(Rc 60+) drill-resistant steel plate, or drill-resistant material of 
equivalent strength.
    (3) Boltwork shall consist of a minimum of three steel locking 
bolts of at least \1/2\ inch thickness that intrude from the door of 
the safe into the body of the safe or from the body of the safe into 
the door of the safe, which are operated by a separate handle and 
secured by the lock.
    (4) The exterior walls shall be constructed of a minimum 12-
gauge thick steel for a single-walled safe, or the sum of the steel 
walls shall add up to at least 0.100 inches for safes with walls 
made from two pieces of flat-rolled steel.
    (5) Doors shall be constructed of a minimum one layer of 7-gauge 
steel plate reinforced construction or at least two layers of a 
minimum 12-gauge steel compound construction.
    (6) Door hinges shall be protected to prevent the removal of the 
door. Protective features include, but are not limited to: Hinges 
not exposed to the outside, interlocking door designs, dead bars, 
jeweler's lugs and active or inactive locking bolts.
    The scope also excludes gun safes meeting each of the following 
requirements:
    (1) Shall be able to fully contain firearms and provide for 
their secure storage.
    (2) Shall have a locking system consisting of at minimum a 
mechanical or electronic combination lock with a lock body that is 
integrated into the door of the safe. The mechanical or electronic 
combination lock utilized by the safe shall have at least 10,000 
possible combinations consisting of a minimum three numbers, 
letters, or symbols.
    (3) Bolt work shall consist of a minimum of three steel locking 
bolts of at least 1/2-inch diameter that intrude from the door of 
the safe into the body of the safe or from the body of the safe into 
the door of the safe, which are operated by a separate handle and 
secured by the lock.
    (4) The exterior walls (inclusive of the floor and top) shall be 
constructed of a minimum 14-gauge thick steel and shall be lined 
with one or more layers of fire-retardant gypsum board bonded, 
affixed with brackets or otherwise securely attached to the exterior 
walls. The fire retardant gypsum board shall be at least 15 mm in 
thickness for a single layer or shall sum to at least 19 mm in 
thickness where multiple layers are combined together.
    (5) Doors shall be constructed of a minimum of one layer of 14-
gauge steel lined with a minimum of one layer of 15 mm thick, fire-
retardant gypsum board bonded, affixed with brackets or otherwise 
securely attached to the door. The doors shall fit into jambs 
equipped with a fire seal fitted completely around the door frame 
consisting of a hydrated sodium silicate encapsulated in a plastic 
film or sleeve that, when heat-activated by temperatures of over 210 
degrees, expands to cover the space between the jambs and door, 
providing a barrier to prevent the intrusion of flames, gas, or 
smoke into the safe.
    (6) Door hinges shall be protected to prevent the removal of the 
door. Protective features include but are not limited to: hinges not 
exposed to the outside, interlocking door designs, dead bars, 
jeweler's lugs and active or inactive locking bolts.

[[Page 63067]]

    (7) The excluded safe must be imported in the fully assembled 
condition.
    The scope also excludes metal storage devices that (1) have two 
or more exterior exposed drawers regardless of the height of the 
unit, or (2) are no more than 30 inches tall and have at least one 
exterior exposed drawer.
    Also excluded from the scope are free standing metal cabinets 
less than 30 inches tall with a single opening, single door and an 
installed tabletop.
    The scope also excludes metal storage devices less than 27 
inches wide and deep that: (1) Have two doors hinged on the right 
and left side of the door frame respectively covering a single 
opening and that open from the middle toward the outer frame; or (2) 
are free standing or wall-mounted, single-opening units 20 inches or 
less high with a single door.
    The subject certain metal lockers are classified under 
Harmonized Tariff Schedule of the United States (HTSUS) subheading 
9403.20.0078. Parts of subject certain metal lockers are classified 
under HTS subheading 9403.90.8041. In addition, subject certain 
metal lockers may also enter under HTS subheading 9403.20.0050. 
While HTSUS subheadings are provided for convenience and Customs 
purposes, the written description of the scope of the Orders is 
dispositive.

[FR Doc. 2023-19897 Filed 9-13-23; 8:45 am]
BILLING CODE 3510-DS-P