Federal Register / Vol. 88, No. 228 / Wednesday, November 29, 2023 / Notices 83395 

1See Antidumping Duty Order: Silicon Metal 

from the People’s Republic of China, 56 FR 26649 

(June 10, 1991) (Order). 

2See Silicon Metal from China; Institution of a 

Five-Year Review, 88 FR 26595 (May 1, 2023). 

3See Initiation of Five-Year (Sunset) Reviews, 88 

FR 26522 (May 1, 2023). 

4See 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. 

5See Silicon Metal From China; Determination, 

88 FR 80335 (November 17, 2023) (ITC Final 

Determination). 6See ITC Final Determination. 

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 Investigation, 88 FR 32188 

(May 19, 2023) (Initiation Notice). 

2See 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). 

3See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Negative Determination in the LessThan-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. Semiconductorgrade 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. 


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83396 Federal Register / Vol. 88, No. 228 / Wednesday, November 29, 2023 / Notices 

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). 

7Case briefs and rebuttal briefs submitted in 

response to this preliminary LTFV determination 

should not include scope-related issues. See 

Preliminary Scope Decision Memorandum. 

8See 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). 

9See 19 351.309(c)(2) and (d)(2). 

10We use the term ‘‘issue’’ here to describe an 

argument that Commerce would normally address 

in a comment of the Issues and Decision 

Memorandum. 11See 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 

weightedaverage 

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 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 228 / Wednesday, November 29, 2023 / Notices 83397 

12See Petitioner’s Letter, ‘‘Petitioner’s Request for 

Postponement of Final Determination,’’ dated 

November 3, 2023. 

1See Thermal Paper from Germany, Japan, the 

Republic of Korea, and Spain: Antidumping Duty 

Orders, 86 FR 66284 (November 22, 2021) (Order). 

2See 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 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 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, 


ddrumheller on DSK120RN23PROD with NOTICES1