83392 Federal Register / Vol. 88, No. 228 / Wednesday, November 29, 2023 / Notices 

1See 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). 

2See 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). 

3See 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). 

4See Antidumping Duties; Countervailing Duties, 

62 FR 27296, 27323 (May 19, 1997) (Preamble). 

5See Initiation Notice, 88 FR at 32189. 

6See Memorandum, ‘‘Preliminary Scope Decision 

Memorandum,’’ dated November 13, 2023 

(Preliminary Scope Decision Memorandum). 

7See Initiation Notice, 88 FR at 32188. 

8See 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 Vietnamwide 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. 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 228 / Wednesday, November 29, 2023 / Notices 83393 

9The Vietnam-Wide rate based on facts available 

with adverse inferences. 

10Case briefs and rebuttal briefs submitted in 

response to this preliminary LTFV determination 

should not include scope-related issues. See 

Preliminary Scope Decision Memorandum. 11See 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). 12See 19 351.309(c)(2) and (d)(2). 13We use the term ‘‘issue’’ here to describe an 

argument that Commerce would normally address 

in a comment of the Issues and Decision 

Memorandum. 14See 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 

weightedaverage 

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 Vietnamwide 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 Vietnamwide entity) that supplied that thirdcountry 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 fourmonth period to a period not more than 

six months in duration. 


ddrumheller on DSK120RN23PROD with NOTICES1
83394 Federal Register / Vol. 88, No. 228 / Wednesday, November 29, 2023 / Notices 

15See Petitioner’s Letter, ‘‘Petitioner’s Request for 

Postponement of Final Determination,’’ dated 

November 3, 2023. 

16See 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 enduser. 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 


ddrumheller on DSK120RN23PROD with NOTICES1