Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Notices 33201 

1See the petitioner’s Letter, ‘‘Petitions for the 

Imposition of Antidumping Duties and 

Countervailing Duties: Steel Racks from the 

People’s Republic of China,’’ dated June 20, 2018 

(the Petition). 

2See Commerce’s Letters, both titled, ‘‘Petitions 

for the Imposition of Antidumping and 

Countervailing Duties on Imports of Steel Racks 

from the People’s Republic of China: Supplemental 

Questions,’’ and both dated June 22, 2018. 

3See the petitioner’s Letters, ‘‘Steel Racks from 

the People’s Republic of China: Response to 

Supplemental Questions—Countervailing Duties,’’ 

dated June 26, 2018 (CVD Supplement). See ‘‘Steel 

Racks from the People’s Republic of China: 

Response to Supplemental Questions—General 

Issues,’’ dated June 26, 2018 (General Issues 

Supplement). 

4See Memoranda, ‘‘Phone Call with Counsel to 

the Petitioner,’’ dated June 28, 2018. 

5See the petitioner’s Letter, ‘‘Steel Racks from the 

People’s Republic of China—General Issues,’’ dated 

July 2, 2018 (Second General Issues Supplement). 

6See Memorandum, ‘‘Phone Call with Counsel to 

the Petitioner,’’ dated July 5, 2018. 

7See the petitioner’s Letter, ‘‘Steel Racks from the 

People’s Republic of China: Scope Clarification,’’ 

dated July 9, 2018 (Revised Scope). 

8See the ‘‘Determination of Industry Support for 

the Petition’’ section, infra. 

9See General Issues Supplement, at 1–9; see also 

Revised Scope, at Exhibit 1. 

10See Antidumping Duties; Countervailing 

Duties, Final Rule, 62 FR 27296, 27323 (May 19, 

1997) (Preamble). 

11See 19 CFR 351.102(b)(21) (defining ‘‘factual 

information’’). 

12See 19 CFR 351.303(b). 

Duty Determination and Countervailing Duty 

Order, 80 FR 63,745 (October 21, 2017). Also 

excluded from the scope of this investigation 

are bulk-packed parts or components of 

boltless steel shelving units that were 

specifically excluded from the scope of the 

Boltless Steel Shelving Orders because such 

bulk-packed parts or components do not 

contain the steel vertical supports (i.e., 

uprights and posts) and steel horizontal 

supports (i.e., beams, braces) packaged 

together for assembly into a completed 

boltless steel shelving unit. 

Merchandise covered by this investigation 

is currently classified in the Harmonized 

Tariff Schedule of the United States (HTSUS) 

under the following subheadings: 

7326.90.8688, 9403.20.0080, and 

9403.90.8041. Subject merchandise may also 

enter under subheadings 7308.90.3000, 

7308.90.6000, 7308.90.9590, and 

9403.20.0090. The HTSUS subheadings are 

provided for convenience and U.S. Customs 

purposes only. The written description of the 

scope is dispositive. 

[FR Doc. 2018–15225 Filed 7–16–18; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–089] 

Certain Steel Racks From the People’s 

Republic: Initiation of Countervailing 

Duty Investigation 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Applicable July 10, 2018. 

FOR FURTHER INFORMATION CONTACT: Eli 

Lovely or Robert Galantucci at (202) 

482–1593 or (202) 482–2923, 

respectively, AD/CVD Operations, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230. 

SUPPLEMENTARY INFORMATION: 

The Petition 

On June 20, 2018, the U.S. 

Department of Commerce (Commerce) 

received a countervailing duty (CVD) 

Petition concerning imports of certain 

steel racks (steel racks) from the 

People’s Republic of China (China), 

filed in proper form on behalf of the 

Coalition for Fair Rack Imports (the 

petitioner), the members of which are 

domestic producers of steel racks.1 The 

CVD Petition was accompanied by an 

antidumping duty (AD) Petition 

concerning imports of steel racks from 

China. 

On June 22, 2018, Commerce 

requested supplemental information 

pertaining to certain aspects of the 

Petition in two separate supplemental 

questionnaires, one dealing with CVD 

programs and one primarily with scope 

clarification issues.2 The petitioner filed 

additional information on June 26, 

2018.3

On June 28, 2018, Commerce 

requested supplemental information 

pertaining to industry support and 

import statistics.4 The petitioner filed a 

response to Commerce’s request on July 

2, 2018.5 On July 5, 2018, we spoke with 

the petitioner regarding the scope 

language submitted in its July 2, 2018, 

submission.6 On July 9, 2018, the 

petitioner filed an amendment to the 

scope, further clarifying the scope 

language.7

In accordance with section 702(b)(1) 

of the Tariff Act of 1930, as amended 

(the Act), the petitioner alleges that the 

Government of China (GOC) is 

providing countervailable subsidies, 

within the meaning of sections 701 and 

771(5) of the Act, to producers of steel 

racks in China and that imports of such 

products are materially injuring, or 

threatening material injury to, the 

domestic steel racks industry in the 

United States. Consistent with section 

702(b)(1) of the Act and 19 CFR 

351.202(b), for those alleged programs 

on which we are initiating a CVD 

investigation, the Petition is 

accompanied by information reasonably 

available to the petitioner supporting its 

allegations. 

Commerce finds that the petitioner 

filed the Petition on behalf of the 

domestic industry because the 

petitioner is an interested party as 

defined in section 771(9)(E) of the Act. 

Commerce also finds that the petitioner 

demonstrated sufficient industry 

support necessary for the initiation of 

the requested CVD investigation.8

Period of Investigation 

Because the Petition was filed on June 

20, 2018, the period of investigation is 

January 1, 2017, through December 

31, 2017. 

Scope of the Investigation 

The product covered by this 

investigation is steel racks from China. 

For a full description of the scope of 

these investigations, see the Appendix 

to this notice. 

Scope Comments 

During our review of the Petition, 

Commerce received proposed scope 

language from the petitioner to ensure 

that the scope language in the Petition 

is an accurate reflection of the products 

for which the domestic industry is 

seeking relief.9 As a result of petitioner’s 

submissions, the scope of the Petition 

was modified to clarify the description 

of merchandise covered by the Petition. 

The description of the merchandise 

covered by this initiation, as described 

in the Appendix to this notice, reflects 

this clarification. 

As discussed in the Preamble to 

Commerce’s regulations, we are setting 

aside a period for interested parties to 

raise issues regarding product coverage 

(scope).10 Commerce will consider all 

comments received from interested 

parties and, if necessary, will consult 

with interested parties prior to the 

issuance of the preliminary 

determination. If scope comments 

include factual information,11 all such 

factual information should be limited to 

public information. To facilitate 

preparation of its questionnaires, 

Commerce requests that all interested 

parties submit such comments by 5:00 

p.m. Eastern Time (ET) on July 30, 2018, 

which is 20 calendar days from the 

signature date of this notice. Any 

rebuttal comments, which may include 

factual information, must be filed by 

5:00 p.m. ET on August 9, 2018, which 

is 10 calendar days from the initial 

comments deadline.12

Commerce requests that any factual 

information parties consider relevant to 

the scope of the investigation be 

submitted during this period. However, 


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13See Antidumping and Countervailing Duty 

Proceedings: Electronic Filing Procedures; 

Administrative Protective Order Procedures, 76 FR 

39263 (July 6, 2011). See also Enforcement and 

Compliance: Change of Electronic Filing System 

Name, 79 FR 69046 (November 20, 2014) for details 

of Commerce’s electronic filing requirements, 

which went into effect on August 5, 2011. 

Information on help using ACCESS can be found at 

https://access.trade.gov/help.aspx, and a handbook 

can be found at https://access.trade.gov/help/ 

Handbook%20on%20Electronic%20Filling

%20Procedures.pdf. 

14See Commerce’s Letter, ‘‘Countervailing Duty 

Petition on Certain Steel Racks from China,’’ dated 

June 20, 2018. 

15See section 771(10) of the Act. 

16See USEC, Inc. v. United States, 132 F. Supp. 

2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. 

v. United States, 688 F. Supp. 639, 644 (CIT 1988), 

aff’d 865 F.2d 240 (Fed. Cir. 1989)). 

17See Volume I of the Petition, at 11–13 and 

Exhibit I–9; see also General Issues Supplement, at 

9–10. 

18For a discussion of the domestic like product 

analysis as applied to this case and information 

regarding industry support, see Countervailing Duty 

Investigation Initiation Checklist: Steel Racks from 

the People’s Republic of China (China CVD 

Initiation Checklist), at Attachment II, Analysis of 

Industry Support for the Antidumping and 

Countervailing Duty Petitions Covering Steel Racks 

from the People’s Republic of China (Attachment 

II). This checklist is dated concurrently with this 

notice and on file electronically via ACCESS. 

Access to documents filed via ACCESS is also 

available in the Central Records Unit, Room B8024 

of the main Department of Commerce building. 

19See Volume I of the Petition, at 3–5 and 

Exhibits I–2 and I–3; see also General Issues 

Supplement, at 10–11 and Exhibit 5; see also 

Second General Issues Supplement, at 3–4 and 

Exhibits 1 and 2. 

20See Volume I of the Petition, at 4–5 and Exhibit 

I–2. 

21 Id., at 4 and Exhibit I–3; see also Second 

General Issues Supplement, at 4. 

22See Volume I of the petition, at 4–5 and Exhibit 

I–2; see also General Issues Supplement, at 10–11 

and Exhibit 5; see also Second General Issues 

Supplement, at 3–4 and Exhibits 1 and 2. 

23See Jiaxing Zhongda’s Letter, ‘‘Steel Racks from 

the People’s Republic of China: Pre-Initiation 

Industry Support Comments,’’ dated July 3, 2018 

(Jiaxing Zhongda Letter). 

24See the petitioner’s Letter, ‘‘Steel Racks from 

the People’s Republic of China: Response to 

Industry Support Comments,’’ dated July 3, 2018 

(Industry Support Supplement). 

if a party subsequently finds that 

additional factual information 

pertaining to the scope of the 

investigation may be relevant, the party 

may contact Commerce and request 

permission to submit the additional 

information. All such submissions must 

be filed on the records of the concurrent 

AD and CVD investigations. 

Filing Requirements 

All submissions to Commerce must be 

filed electronically using Enforcement 

and Compliance’s Antidumping Duty 

and Countervailing Duty Centralized 

Electronic Service System (ACCESS).13

An electronically filed document must 

be received successfully in its entirety 

by the time and date it is due. 

Documents exempted from the 

electronic submission requirements 

must be filed manually (i.e., in paper 

form) with Enforcement and 

Compliance’s APO/Dockets Unit, Room 

18022, U.S. Department of Commerce, 

1401 Constitution Avenue NW, 

Washington, DC 20230, and stamped 

with the date and time of receipt by the 

applicable deadlines. 

Consultations 

Pursuant to sections 702(b)(4)(A)(i) 

and (ii) of the Act, Commerce notified 

representatives of the GOC of the receipt 

of the Petition and provided them the 

opportunity for consultations with 

respect to the CVD Petition.14 The GOC 

did not request consultations. 

Determination of Industry Support for 

the Petition 

Section 702(b)(1) of the Act requires 

that a petition be filed on behalf of the 

domestic industry. Section 702(c)(4)(A) 

of the Act provides that a petition meets 

this requirement if the domestic 

producers or workers who support the 

petition account for: (i) At least 25 

percent of the total production of the 

domestic like product; and (ii) more 

than 50 percent of the production of the 

domestic like product produced by that 

portion of the industry expressing 

support for, or opposition to, the 

petition. Moreover, section 702(c)(4)(D) 

of the Act provides that, if the petition 

does not establish support of domestic 

producers or workers accounting for 

more than 50 percent of the total 

production of the domestic like product, 

Commerce shall: (i) Poll the industry or 

rely on other information in order to 

determine if there is support for the 

petition, as required by subparagraph 

(A); or (ii) determine industry support 

using a statistically valid sampling 

method to poll the ‘‘industry.’’ 

Section 771(4)(A) of the Act defines 

the ‘‘industry’’ as the producers as a 

whole of a domestic like product. Thus, 

to determine whether a petition has the 

requisite industry support, the statute 

directs Commerce to look to producers 

and workers who produce the domestic 

like product. The International Trade 

Commission (ITC), which is responsible 

for determining whether ‘‘the domestic 

industry’’ has been injured, must also 

determine what constitutes a domestic 

like product in order to define the 

industry. While both Commerce and the 

ITC must apply the same statutory 

definition regarding the domestic like 

product,15 they do so for different 

purposes and pursuant to a separate and 

distinct authority. In addition, 

Commerce’s determination is subject to 

limitations of time and information. 

Although this may result in different 

definitions of the like product, such 

differences do not render the decision of 

either agency contrary to law.16

Section 771(10) of the Act defines the 

domestic like product as ‘‘a product 

which is like, or in the absence of like, 

most similar in characteristics and uses 

with, the article subject to an 

investigation under this title.’’ Thus, the 

reference point from which the 

domestic like product analysis begins is 

‘‘the article subject to an investigation’’ 

(i.e., the class or kind of merchandise to 

be investigated, which normally will be 

the scope as defined in the petition). 

With regard to the domestic like 

product, the petitioner does not offer a 

definition of the domestic like product 

distinct from the scope of the 

investigation.17 Based on our analysis of 

the information submitted on the 

record, we have determined that steel 

racks, as defined in the scope, constitute 

a single domestic like product, and we 

have analyzed industry support in terms 

of that domestic like product.18

In determining whether the petitioner 

has standing under section 702(c)(4)(A) 

of the Act, we considered the industry 

support data contained in the Petition 

with reference to the domestic like 

product as defined in the ‘‘Scope of the 

Investigation,’’ in the Appendix to this 

notice. To establish industry support, 

the petitioner provided its own 2017 

shipments of the domestic like product 

and compared this to the estimated total 

shipments of the domestic like product 

for the entire domestic industry.19 The 

petitioner explained that it relied on 

shipment data because production data 

for the entire domestic industry are not 

available.20 In addition, the petitioner 

contends that shipments are a 

reasonable proxy for data on production 

of steel racks.21 We relied on data the 

petitioner provided for purposes of 

measuring industry support.22

In its July 3, 2018, letter, Jiaxing 

Zhongda Import & Export Co., Ltd. 

(Jiaxing Zhongda), a Chinese exporter/ 

producer, submitted comments on 

industry support and requested that 

Commerce poll the industry to 

determine industry support.23 The 

petitioner responded to these comments 

in the Industry Support Supplement, 

dated July 3, 2018.24 In a letter dated 

July 5, 2018, Guangdong Wireking 

Housewares and Hardware Co., Ltd. 

(Guangdong Wireking), a Chinese 

exporter/producer, submitted comments 

on industry support and requested that 


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25See Guangdong Wireking’s Letter, ‘‘Steel Racks 

from the People’s Republic of China: Pre-Initiation 

Industry Support Comments,’’ dated July 5, 2018 

(Guangdong Wireking Letter). 

26See the petitioner’s Letter, ‘‘Steel Racks from 

the People’s Republic of China: Response to 

Industry Support Comments,’’ dated July 6, 2018 

(Second Industry Support Supplement). 

27See UMH’s Letter, ‘‘Steel Racks from the 

People’s Republic of China Pre-Initiation Comments 

on Industry Support,’’ dated July 9, 2018 (UMH 

Letter). 

28See Petitioner’s Letter, ‘‘Steel Racks from the 

People’s Republic of China: Response to Industry 

Support Comments,’’ dated July 10, 2018 (Third 

Industry Support Supplement). 

29See China CVD Initiation Checklist, at 

Attachment II. 

30 Id.; see also section 702(c)(4)(D) of the Act. 

31See China CVD Initiation Checklist, at 

Attachment II. 

32 Id. 

33 Id. 

34See Volume I of the Petition, at 17 and Exhibit 

I–13. 

35See Volume I of the Petition, at 14–28 and 

Exhibits I–3, I–13, and I–15 through I–24; see also 

General Issues Supplement at 11–12 and Exhibit 6; 

and Second General Issues Supplement, at 4–5. 

36See China Initiation Checklist at Attachment 

III, Analysis of Allegations and Evidence of Material 

Injury and Causation for the Antidumping and 

Countervailing Duty Petitions Covering Steel Racks 

from the People’s Republic of China. 

37See Volume I of the Petition, at Exhibit I–6; see 

also General Issues Supplement, at 1 and Exhibit 1. 

38See Memorandum, ‘‘Steel Racks from the 

People’s Republic of China Countervailing Duty 

Petition: Release of Customs Data from U.S. 

Customs and Border Protection,’’ dated July 5, 2018. 

Commerce poll the industry to 

determine industry support.25 The 

petitioner responded to Guangdong 

Wireking’s comments on July 6, 2018.26

In a letter dated July 9, 2018, United 

Material Handling (UMH), a U.S. 

importer of subject merchandise, 

submitted comments on industry 

support and requested that Commerce 

poll the industry to determine industry 

support.27 The petitioner responded to 

these comments on July 10, 2018.28 For 

further discussion of these comments, 

see Attachment II of the China CVD 

Initiation Checklist. 

Our review of the data provided in the 

Petition, the General Issues Supplement, 

the Second General Issues Supplement, 

letters from Jiaxing Zhongda, 

Guangdong Wireking, and UMH, the 

Industry Support Supplement, the 

Second Industry Support Supplement, 

the Third Industry Support Supplement, 

and other information readily available 

to Commerce indicates that the 

petitioner has established industry 

support for the Petition.29 First, the 

Petition established support from 

domestic producers (or workers) 

accounting for more than 50 percent of 

the total production of the domestic like 

product and, as such, Commerce is not 

required to take further action in order 

to evaluate industry support (e.g., 

polling).30 Second, the domestic 

producers (or workers) have met the 

statutory criteria for industry support 

under section 702(c)(4)(A)(i) of the Act 

because the domestic producers (or 

workers) who support the Petition 

account for at least 25 percent of the 

total production of the domestic like 

product.31 Finally, the domestic 

producers (or workers) have met the 

statutory criteria for industry support 

under section 702(c)(4)(A)(ii) of the Act 

because the domestic producers (or 

workers) who support the Petition 

account for more than 50 percent of the 

production of the domestic like product 

produced by that portion of the industry 

expressing support for, or opposition to, 

the Petition.32 Accordingly, Commerce 

determines that the Petition was filed on 

behalf of the domestic industry within 

the meaning of section 702(b)(1) of the 

Act. 

Commerce finds that the petitioner 

filed the Petition on behalf of the 

domestic industry because it is an 

interested party as defined in section 

771(9)(E) of the Act, and it has 

demonstrated sufficient industry 

support with respect to the CVD 

investigation that it is requesting that 

Commerce initiate.33

Injury Test 

Because China is a ‘‘Subsidies 

Agreement Country’’ within the 

meaning of section 701(b) of the Act, 

section 701(a)(2) of the Act applies to 

this investigation. Accordingly, the ITC 

must determine whether imports of the 

subject merchandise from China 

materially injure, or threaten material 

injury to, a U.S. industry. 

Allegations and Evidence of Material 

Injury and Causation 

The petitioner alleges that imports of 

the subject merchandise are benefitting 

from countervailable subsidies and that 

such imports are causing, or threaten to 

cause, material injury to the U.S. 

industry producing the domestic like 

product. In addition, the petitioner 

alleges that subject imports exceed the 

negligibility threshold provided for 

under section 771(24)(A) of the Act.34

The petitioner contends that the 

industry’s injured condition is 

illustrated by a significant and 

increasing volume of subject imports; 

reduced market share; underselling and 

price depression or suppression; lost 

sales and lost revenues; decline in 

production, quantity of U.S. shipments, 

and capacity utilization rate; and 

decline in the domestic industry’s 

profitability.35 We have assessed the 

allegations and supporting evidence 

regarding material injury, threat of 

material injury, and causation, and we 

have determined that these allegations 

are properly supported by adequate 

evidence, and meet the statutory 

requirements for initiation.36

Initiation of CVD Investigation 

Based on the examination of the 

Petition, we find that the Petition meets 

the requirements of section 702 of the 

Act. Therefore, we are initiating a CVD 

investigation to determine whether 

imports of steel racks from China benefit 

from countervailable subsidies 

conferred by the GOC. In accordance 

with section 703(b)(1) of the Act and 19 

CFR 351.205(b)(1), unless postponed, 

we will make our preliminary 

determinations no later than 65 days 

after the date of this initiation. 

Based on our review of the Petition, 

we find that there is sufficient 

information to initiate a CVD 

investigation on 25 of the 28 subsidy 

programs alleged in the petition. For a 

full discussion of the basis for our 

decision to initiate or not on each 

program, see China CVD Initiation 

Checklist. A public version of the 

initiation checklist for this investigation 

is available on ACCESS. 

Respondent Selection 

The petitioner named 93 producers/ 

exporters as accounting for the majority 

of exports of steel racks to the United 

States from China.37 In the event 

Commerce determines that the number 

of companies is large and it cannot 

individually examine each company 

based upon Commerce’s resources, 

where appropriate, Commerce intends 

to select mandatory respondents based 

on quantity and value (Q&V) 

questionnaires issued to potential 

respondents. Commerce normally 

selects mandatory respondents in a CVD 

investigation using U.S. Customs and 

Border Protection (CBP) entry data, and 

on July 5, 2018, we released CBP data 

under Administrative Protective Order 

(APO) to all parties with access to 

information protected by APO and 

indicated that interested parties wishing 

to comment regarding the CBP data and 

respondent selection must do so within 

three business days of the publication 

date of the notice of initiation of this 

CVD investigation.38 However, for this 

investigation, the Harmonized Tariff 

Schedule of the United States (HTSUS) 

numbers of the subject merchandise 

would enter under (7326.90.8688, 

9403.20.0080, and 9403.90.8041) are 

basket categories containing products 

unrelated to steel racks, and much of the 

reported entry data do not contain 


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39See section 703(a)(2) of the Act. 

40See section 703(a)(1) of the Act. 

41See 19 CFR 351.301(b). 

42See 19 CFR 351.301(b)(2). 

43See section 782(b) of the Act. 

44See Certification of Factual Information to 

Import Administration During Antidumping and 

Countervailing Duty Proceedings, 78 FR 42678 (July 

17, 2013) (‘‘Final Rule’’); see also frequently asked 

questions regarding the Final Rule, available at 

http://enforcement.trade.gov/tlei/notices/factual_

info_final_rule_FAQ_07172013.pdf. 

quantity information. We, therefore, 

cannot rely on CBP entry data in 

selecting respondents. We instead 

intend to issue Q&V questionnaires to 

each potential respondent, for which the 

petitioner has provided a complete 

address, that is: (1) Named in the 

Petition, and (2) appears in the CBP 

entry data, and base respondent 

selection on the responses received. 

Commerce will post the Q&V 

questionnaire along with the filing 

instructions on the Enforcement and 

Compliance website at http://trade.gov/ 

enforcement/news.asp. 

Exporters and producers of steel racks 

from China that do not receive Q&V 

questionnaires by mail may still submit 

a response to the Q&V questionnaire 

and can obtain a copy of the Q&V 

questionnaire from the Enforcement and 

Compliance website. The Q&V 

questionnaire must be submitted by the 

relevant Chinese exporters/producers no 

later than 5:00 p.m. ET on July 24, 2018, 

which is two weeks from the signature 

date of this notice. All Q&V responses 

must be filed electronically via 

ACCESS. 

Interested parties must submit 

applications for disclosure under APO 

in accordance with 19 CFR 351.305(b). 

Instructions for filing such applications 

may be found on the Commerce’s 

website at http://enforcement.trade.gov/ 

apo. 

Comments must be filed 

electronically using ACCESS. An 

electronically filed document must be 

received successfully, in its entirety, by 

ACCESS no later than 5:00 p.m. ET on 

the date noted above. We intend to 

finalize our decisions regarding 

respondent selection within 20 days of 

publication of this notice. 

Distribution of Copies of the Petition 

In accordance with section 

702(b)(4)(A)(i) of the Act and 19 CFR 

351.202(f), copies of the public versions 

of the Petition have been provided to 

the GOC via ACCESS. To the extent 

practicable, we will attempt to provide 

a copy of the public version of the 

Petition to each exporter named in the 

Petitions, as provided under 19 CFR 

351.203(c)(2). 

ITC Notification 

We will notify the ITC of our 

initiation, as required by section 702(d) 

of the Act. 

Preliminary Determinations by the ITC 

The ITC will preliminarily determine, 

within 45 days after the date on which 

the Petition was filed, whether there is 

a reasonable indication that imports of 

steel racks from China are materially 

injuring, or threatening material injury 

to, a U.S. industry.39 A negative ITC 

determination will result in the 

investigation being terminated.40

Otherwise, this investigation will 

proceed according to statutory and 

regulatory time limits. 

Submission of Factual Information 

Factual information is defined in 19 

CFR 351.102(b)(21) as: (i) Evidence 

submitted in response to questionnaires; 

(ii) evidence submitted in support of 

allegations; (iii) publicly available 

information to value factors under 19 

CFR 351.408(c) or to measure the 

adequacy of remuneration under 19 CFR 

351.511(a)(2); (iv) evidence placed on 

the record by Commerce; and (v) 

evidence other than factual information 

described in (i)–(iv). 19 CFR 351.301(b) 

requires any party, when submitting 

factual information, to specify under 

which subsection of 19 CFR 

351.102(b)(21) the information is being 

submitted 41 and, if the information is 

submitted to rebut, clarify, or correct 

factual information already on the 

record, to provide an explanation 

identifying the information already on 

the record that the factual information 

seeks to rebut, clarify, or correct.42 Time 

limits for the submission of factual 

information are addressed in 19 CFR 

351.301, which provides specific time 

limits based on the type of factual 

information being submitted. Interested 

parties should review the regulations 

prior to submitting factual information 

in these investigations. 

Extensions of Time Limits 

Parties may request an extension of 

time limits before the expiration of a 

time limit established under 19 CFR 

351.301, or as otherwise specified by the 

Secretary. In general, an extension 

request will be considered untimely if it 

is filed after the expiration of the time 

limit established under 19 CFR 351.301. 

For submissions that are due from 

multiple parties simultaneously, an 

extension request will be considered 

untimely if it is filed after 10:00 a.m. ET 

on the due date. Under certain 

circumstances, we may elect to specify 

a different time limit by which 

extension requests will be considered 

untimely for submissions which are due 

from multiple parties simultaneously. In 

such a case, we will inform parties in 

the letter or memorandum setting forth 

the deadline (including a specified time) 

by which extension requests must be 

filed to be considered timely. An 

extension request must be made in a 

separate, stand-alone submission; under 

limited circumstances we will grant 

untimely-filed requests for the extension 

of time limits. Parties should review 

Extension of Time Limits; Final Rule, 78 

FR 57790 (September 20, 2013), 

available at http://www.gpo.gov/fdsys/ 

pkg/FR-2013-09-20/html/2013- 

22853.htm, prior to submitting factual 

information in these investigations. 

Certification Requirements 

Any party submitting factual 

information in an AD or CVD 

proceeding must certify to the accuracy 

and completeness of that information.43

Parties must use the certification 

formats provided in 19 CFR 

351.303(g).44 Commerce intends to 

reject factual submissions if the 

submitting party does not comply with 

the applicable certification 

requirements. 

Notification to Interested Parties 

Interested parties must submit 

applications for disclosure under APO 

in accordance with 19 CFR 351.305. On 

January 22, 2008, Commerce published 

Antidumping and Countervailing Duty 

Proceedings: Documents Submission 

Procedures; APO Procedures, 73 FR 

3634 (January 22, 2008). Parties wishing 

to participate in this investigation 

should ensure that they meet the 

requirements of these procedures (e.g., 

the filing of letters of appearance as 

discussed at 19 CFR 351.103(d)). 

This notice is issued and published 

pursuant to sections 702 and 777(i) of 

the Act and 19 CFR 351.203(c). 

Dated: July 10, 2018. 

Gary Taverman, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations, 

performing the non-exclusive functions and 

duties of the Assistant Secretary for 

Enforcement and Compliance. 

Appendix 

Scope of the Investigation 

The merchandise covered by this 

investigation is steel racks and parts thereof, 

assembled, to any extent, or unassembled, 

including but not limited to, vertical 

components (e.g., uprights, posts, or 

columns), horizontal or diagonal components 

(e.g., arms or beams), braces, frames, locking 

devices (i.e., end plates and beam 

connectors), and accessories (including, but 


daltland on DSKBBV9HB2PROD with NOTICES
Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Notices 33205 

1See Cast Iron Soil Pipe Fittings from the People’s 

Republic of China: Preliminary Affirmative 

Determination of Sales at Less Than Fair Value, 

Preliminary Affirmative Determination of Critical 

Circumstances, in Part, Postponement of Final 

Determination and Extension of Provisional 

Measures, 83 FR 7145 (February 20, 2018) 

(Preliminary Determination) and accompanying 

Preliminary Decision Memorandum. 

2See Memorandum for The Record from 

Christian Marsh, Deputy Assistant Secretary for 

Continued 

not limited to, rails, skid channels, skid rails, 

drum/coil beds, fork clearance bars, pallet 

supports, column and post protectors, end 

row and end aisle protectors, corner guards, 

row spacers, and wall ties). Subject steel 

racks and parts thereof are made of steel, 

including, but not limited to, cold and/or 

hot-formed steel, regardless of the type of 

steel used to produce the components and 

may, or may not, include locking tabs, slots, 

or bolted, clamped, or welded connections. 

Steel rack components can be assembled 

into structures of various dimensions and 

configurations by welding, bolting, clipping, 

or with the use of devices such as clips, end 

plates, and beam connectors, including, but 

not limited to the following configurations: 

(1) Racks with upright frames perpendicular 

to the aisles that are independently 

adjustable, with positive locking beams 

parallel to the aisle spanning the upright 

frames with braces; and (2) cantilever racks 

with vertical components parallel to the aisle 

and cantilever beams or arms connected to 

the vertical components perpendicular to the 

aisle. Steel racks may be referred to as pallet 

racks, storage racks, stacker racks, retail 

racks, pick modules, selective racks, or 

cantilever racks and may incorporate moving 

components and be referred to as pallet-flow 

racks, carton-flow racks, push-back racks, 

movable-shelf racks, drive-in racks, and 

drive-through racks. While steel racks may be 

made to ANSI MH16.l or ANSI MH16.3 

standards, all steel racks and parts thereof 

meeting the description set out herein are 

covered by the scope of this investigation, 

whether or not produced according to a 

particular standard. 

The scope includes all steel racks and parts 

thereof meeting the description above, 

regardless of 

(1) Dimensions, weight, strength, gauge, or 

load rating; 

(2) vertical components or frame type 

(including structural, roll-form, or other); 

(3) horizontal support or beam/brace type 

(including but not limited to structural, rollform, slotted, unslotted, Z-beam, C-beam, 

L-beam, step beam, and cantilever beam); 

(4) number of supports; 

(5) number of levels; 

(6) surface coating, if any (including but 

not limited to paint, epoxy, powder coating, 

zinc, or other metallic coatings); 

(7) shape (including but not limited to 

rectangular, square, corner, and cantilever); 

(8) the method by which the vertical and 

horizontal supports connect (including but 

not limited to locking tabs or slots, bolting, 

clamping, and welding); and 

(9) whether or not the steel rack has 

moving components (including but not 

limited to rails, wheels, rollers, tracks, 

channels, carts, and conveyors). 

Subject merchandise includes merchandise 

matching the above description that has been 

finished or packaged in a third country. 

Finishing includes, but is not limited to, 

coating, painting, or assembly, including 

attaching the merchandise to another 

product, or any other finishing or assembly 

operation that would not remove the 

merchandise from the scope of the 

investigation if performed in the country of 

manufacture of the steel racks and parts 

thereof. Packaging includes packaging the 

merchandise with or without another 

product or any other packaging operation 

that would not remove the merchandise from 

the scope of the investigation if performed in 

the country of manufacture of the steel racks 

and parts thereof. 

Steel racks and parts thereof are included 

in the scope of this investigation whether or 

not imported attached to, or included with, 

other parts or accessories such as wire 

decking, nuts, and bolts. If steel racks and 

parts thereof are imported attached to, or 

included with, such non-subject 

merchandise, only the steel racks and parts 

thereof are included in the scope. 

The scope of this investigation does not 

cover: (1) Decks, i.e., shelving that sits on or 

fits into the horizontal supports to provide 

the horizontal storage surface of the steel 

racks; (2) wire shelving units, i.e., shelves 

made from wire that incorporate both a wire 

deck and wire horizontal supports (taking the 

place of the horizontal beams and braces) 

into a single piece with tubular collars that 

slide over the posts and onto plastic sleeves 

snapped on the posts to create a finished 

unit; (3) pins, nuts, bolts, washers, and clips 

used as connecting devices; and (4) non-steel 

components. 

Specifically excluded from the scope of 

this investigation are any products covered 

by Commerce’s existing antidumping and 

countervailing duty orders on boltless steel 

shelving units prepackaged for sale from the 

People’s Republic of China. See Boltless Steel 

Shelving Units Prepackaged for Sale From 

the People’s Republic of China: Antidumping 

Duty Order, 80 FR 63,741 (October 21, 2017); 

Boltless Steel Shelving Units Prepackaged for 

Sale From the People’s Republic of China: 

Amended Final Affirmative Countervailing 

Duty Determination and Countervailing Duty 

Order, 80 FR 63,745 (October 21, 2017). Also 

excluded from the scope of this investigation 

are bulk-packed parts or components of 

boltless steel shelving units that were 

specifically excluded from the scope of the 

Boltless Steel Shelving Orders because such 

bulk-packed parts or components do not 

contain the steel vertical supports (i.e., 

uprights and posts) and steel horizontal 

supports (i.e., beams, braces) packaged 

together for assembly into a completed 

boltless steel shelving unit. 

Merchandise covered by this investigation 

is currently classified in the Harmonized 

Tariff Schedule of the United States (HTSUS) 

under the following subheadings: 

7326.90.8688, 9403.20.0080, and 

9403.90.8041. Subject merchandise may also 

enter under subheadings 7308.90.3000, 

7308.90.6000, 7308.90.9590, and 

9403.20.0090. The HTSUS subheadings are 

provided for convenience and U.S. Customs 

purposes only. The written description of the 

scope is dispositive. 

[FR Doc. 2018–15224 Filed 7–16–18; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–062] 

Cast Iron Soil Pipe Fittings From the 

People’s Republic of China: Final 

Affirmative Determination of Sales at 

Less Than Fair Value and Final 

Determination of Critical 

Circumstances, in Part 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) determines that cast iron 

soil pipe fittings from the People’s 

Republic of China (China) are being, or 

are likely to be, sold in the United States 

at less than fair value (LTFV). The 

period of investigation is January 1, 

2017, through June 30, 2017. 

DATES: Applicable July 17, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Sergio Balbontin or Denisa Ursu, AD/ 

CVD Operations, Office VIII, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–6478 

and (202) 482–2285 respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 20, 2018, Commerce 

published in the Federal Register the 

Preliminary Determination in the LTFV 

investigation of cast iron soil pipe 

fittings from China.1 The mandatory 

respondents in this investigation are 

Shanxi Xuanshi Industrial Group Co. 

Ltd. (Xuanshi), Wor-Biz International 

Trading Co., Ltd. (Anhui) (Wor-Biz), 

Sibo International Limited (Sibo), and 

Kingway Pipe Co., Ltd. (Kingway). 

Commerce exercised its discretion to 

toll all deadlines affected by the closure 

of the Federal Government from January 

20 through 22, 2018. If the new deadline 

falls on a non-business day, in 

accordance with Commerce’s practice, 

the deadline will become the next 

business day. The revised deadline for 

the final determination of this 

investigation is now July 5, 2018.2


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