[Federal Register Volume 89, Number 1 (Tuesday, January 2, 2024)]
[Notices]
[Pages 62-63]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28824]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-846]


Boltless Steel Shelving Units Prepackaged for Sale From Thailand: 
Amended Preliminary Determination of Sales at Less-Than-Fair-Value

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

SUMMARY: The U.S. Department of Commerce (Commerce) is amending the 
preliminary affirmative determination of sales at less-than-fair-value 
on boltless steel shelving units prepackaged for sale (boltless steel 
shelving) from Thailand to correct a significant ministerial error.

DATES: Applicable January 2, 2024.

FOR FURTHER INFORMATION CONTACT: Fred Baker, AD/CVD Operations, Office 
VI, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: 202-482-6274.

SUPPLEMENTARY INFORMATION: 

Background

    On November 29, 2023, Commerce published its preliminary 
affirmative determination in the less-than-fair-value investigation of 
boltless steel shelving from Thailand.\1\ On December 4, 2023, we 
received a timely ministerial error allegation from Siam Metal Tech 
Co., Ltd. (Siam Metal) that Commerce made significant ministerial 
errors in the Preliminary Determination with respect to the calculation 
of Siam Metal's weighted-average dumping margin.\2\ We are amending our 
preliminary determination to find that subject merchandise is not 
being, or is not likely to be, sold in the United States by Siam Metal 
at less than fair value (LTFV).
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    \1\ See Boltless Steel Shelving Units Prepackaged for Sale from 
Thailand: Preliminary Affirmative Determination of Sales at Less 
Than Fair Value, Postponement of Final Determination, and Extension 
of Provisional Measures, 88 FR 83389 (November 29, 2023) 
(Preliminary Determination), and accompanying Preliminary Decision 
Memorandum.
    \2\ See Siam Metal's Letter, ``Ministerial Error Comments,'' 
dated December 4, 2023 (Siam Metal Ministerial Comments).
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Period of Investigation

    The period of investigation (POI) is April 1, 2022, through March 
31, 2023.

Scope of the Investigation

    The products covered by this investigation are boltless steel 
shelving units prepackaged for sale from Thailand. For a complete 
description of the scope of this investigation, see appendix.

Analysis of Significant Ministerial Error Allegation

    Commerce will analyze any comments received and, if appropriate, 
correct any significant ministerial error by amending the preliminary 
determination according to 19 CFR 351.224(e). A ministerial error is 
defined in 19 CFR 351.224(f) as ``an error in addition, subtraction, or 
other arithmetic function, clerical error resulting from inaccurate 
copying, duplication, or the like, and any other similar type of 
unintentional error which the Secretary considers ministerial.'' \3\ A 
significant ministerial error is defined as a ministerial error, the 
correction of which, singly or in combination with other errors, would 
result in: (1) a change of at least five absolute percentage points in, 
but not less than 25 percent of, the weighted average dumping margin 
calculated in the original (erroneous) preliminary determination; or 
(2) a difference between a weighted-average dumping margin of zero (or 
de minimis) and a weighted-average dumping margin greater than de 
minimis, or vice versa.\4\
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    \3\ See section 735(e) of the Tariff Act of 1930, as amended 
(the Act).
    \4\ See 19 CFR 351.224(g).
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Amended Preliminary Determination

    Pursuant to 19 CFR 351.224(e) and (g)(1), Commerce is amending the 
Preliminary Determination to reflect the correction of a ministerial 
error made in the calculation of the weighted-average dumping margin 
for Siam Metal.\5\ Specifically, when calculating the costs, we 
inadvertently used the incorrect ``Affiliated COP'' and percentage of 
cost of manufacturing figures in applying the major input analysis. 
Commerce finds that this ministerial error is a significant error 
within the meaning of 19 CFR 351.224(g), because correction of this 
error decreases Siam Metal's weighted-average dumping margin from 7.58 
percent to 1.40 percent, which is a change that is at least five 
absolute percentage points in, but not less than 25 percent of, the 
weighted-average dumping margin calculated in the original (erroneous) 
preliminary determination; furthermore, the weighted-average dumping 
margin in the original Preliminary Determination was greater than de 
minimis, while the corrected weighted-average dumping margin is de 
minimis for Siam Metal. As such, in this amended preliminary 
determination, we find that Siam Metal is not, or is not likely to, 
make sales of subject merchandise at LTFV. As Siam Metal's amended 
preliminary weighted-average margin is de minimis, we are also amending 
the all-others rate. Consistent with section 735(c)(5)(A) of the Act, 
the all-others rate will be equivalent to the rate calculated in the 
Preliminary Determination for Bangkok Sheet Metal Public Co. (Bangkok 
Sheet Metal), which is 2.54 percent. For a complete discussion of the 
alleged ministerial errors, see the Preliminary Ministerial Error 
Analysis Memo.
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    \5\ See Memorandum, ``Allegation of Ministerial Errors in the 
Preliminary Determination,'' dated concurrently with this notice 
(Preliminary Ministerial Error Analysis Memo).
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Amended Preliminary Determination

    As a result of correcting this ministerial error, Commerce 
determines the following estimated weighted-average dumping margins 
exits:

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                                                                              Weighted-average dumping margin
                Exporter                             Producer                            (percent)
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Siam Metal.............................  Siam Metal.....................  1.40 (de minimis).
Bangkok Sheet Metal Public Co..........  Bangkok Sheet Metal Public Co..  2.54.
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                             All-others rate                              2.54.
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[[Page 63]]

Amended Cash Deposits and Suspension of Liquidation

    The collection of cash deposits and suspension of liquidation will 
be revised according to the rates calculated in this amended 
preliminary determination, in accordance with section 773(d) of the 
Act. Because we are now making a negative determination of sales at 
LTFV for Siam Metal, we will instruct U.S. Customs and Border 
Protection (CBP) to discontinue the suspension of liquidation of 
entries of subject merchandise made by Siam Metal and to liquidate all 
suspended entries without regard to antidumping duties. Because the 
all-others rate decreased as a result of this amended preliminary 
determination, the all others rate will be effective retroactively to 
November 29, 2023, the date of publication of the Preliminary 
Determination. We will also instruct CBP to issue a refund of the 
difference between the amount of cash deposits paid as a result of the 
application of the original Preliminary Determination cash deposit 
rates and the revised amounts due as a result of the amended 
preliminary determination.

Disclosure

    We intend to disclose the calculations performed to parties in this 
proceeding within five days after public announcement of the amended 
preliminary determination, in accordance with 19 CFR 351.224(b).

International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the U.S. International Trade Commission of our amended preliminary 
determination.

Notification to Interested Parties

    This amended preliminary determination is issues and published 
pursuant to sections 773(d) and 777(i) of the Act and 19 CFR 
351.224(e).

    Dated: December 22, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix--Scope of the Investigation

    The scope of this investigation covers boltless steel shelving 
units prepackaged for sale, with or without decks (boltless steel 
shelving). The term ``prepackaged for sale'' means that, at a 
minimum, the steel vertical supports (i.e., uprights and posts) and 
steel horizontal supports (i.e., beams, braces) necessary to 
assemble a completed shelving unit (with or without decks) are 
packaged together for ultimate purchase by the end-user. The scope 
also include add-on kits. Add-on kits include, but are not limited 
to, kits that allow the end-user to add an extension shelving unit 
onto an existing boltless steel shelving unit such that the 
extension and the original unit will share common frame elements 
(e.g., two posts). The term ``boltless'' refers to steel shelving in 
which the vertical and horizontal supports forming the frame are 
assembled primarily without the use of nuts and bolts, or screws. 
The vertical and horizontal support members for boltless steel 
shelving are assembled by methods such as, but not limited to, 
fitting a rivet, punched or cut tab, or other similar connector on 
one support into a hole, slot or similar receptacle on another 
support. The supports lock together to form the frame for the 
shelving unit, and provide the structural integrity of the shelving 
unit separate from the inclusion of any decking. The incidental use 
of nuts and bolts, or screws to add accessories, wall anchors, tie-
bars or shelf supports does not remove the product from scope. 
Boltless steel shelving units may also come packaged as partially 
assembled, such as when two upright supports are welded together 
with front-to-back supports, or are otherwise connected, to form an 
end unit for the frame. The boltless steel shelving covered by these 
investigations may be commonly described as rivet shelving, welded 
frame shelving, slot and tab shelving, and punched rivet (quasi-
rivet) shelving as well as by other trade names. The term ``deck'' 
refers to the shelf that sits on or fits into the horizontal 
supports (beams or braces) to provide the horizontal storage surface 
of the shelving unit.
    The scope includes all boltless steel shelving meeting the 
description above, regardless of: (1) vertical support or post type 
(including but not limited to open post, closed post and tubing); 
(2) horizontal support or beam/brace profile (including but not 
limited to Z-beam, C-beam, L-beam, step beam and cargo rack); (3) 
number of supports; (4) surface coating (including but not limited 
to paint, epoxy, powder coating, zinc and other metallic coating); 
(5) number of levels; (6) weight capacity; (7) shape (including but 
not limited to rectangular, square, and corner units); (8) decking 
material (including but not limited to wire decking, particle board, 
laminated board or no deck at all); or (9) the boltless method by 
which vertical and horizontal supports connect (including but not 
limited to keyhole and rivet, slot and tab, welded frame, punched 
rivet and clip).
    Specifically excluded from the scope are:
    <bullet> 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;
    <bullet> 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;
    <bullet> Bulk-packed parts or components of boltless steel 
shelving units; and
    <bullet> 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.

[FR Doc. 2023-28824 Filed 12-29-23; 8:45 am]
BILLING CODE 3510-DS-P