62 Federal Register / Vol. 89, No. 1 / Tuesday, January 2, 2024 / Notices 

1See 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. 

2See Siam Metal’s Letter, ‘‘Ministerial Error 

Comments,’’ dated December 4, 2023 (Siam Metal 

Ministerial Comments). 

3See section 735(e) of the Tariff Act of 1930, as 

amended (the Act). 

4See 19 CFR 351.224(g). 

5See Memorandum, ‘‘Allegation of Ministerial 

Errors in the Preliminary Determination,’’ dated 

concurrently with this notice (Preliminary 

Ministerial Error Analysis Memo). 

through its Provision of Land for Less 

than Adequate Remuneration 

IX. Recommendation 

[FR Doc. 2023–28842 Filed 12–29–23; 8:45 am] 

BILLING CODE 3510–DS–P 

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). 

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

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 weightedaverage 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 weightedaverage 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. 

Amended Preliminary Determination 

As a result of correcting this 

ministerial error, Commerce determines 

the following estimated weightedaverage dumping margins exits: 

Exporter Producer 

Weighted-average 

dumping margin 

(percent) 

Siam Metal ........................................................................... Siam Metal ........................................................................... 1.40 (de minimis). 

Bangkok Sheet Metal Public Co .......................................... Bangkok Sheet Metal Public Co .......................................... 2.54. 

All-others rate 2.54. 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 89, No. 1 / Tuesday, January 2, 2024 / Notices 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 enduser. 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: 

• 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. 

[FR Doc. 2023–28824 Filed 12–29–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Antidumping or Countervailing Duty 

Order, Finding, or Suspended 

Investigation; Opportunity To Request 

Administrative Review and Join 

Annual Inquiry Service List 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

FOR FURTHER INFORMATION CONTACT: 

Brenda E. Brown, Office of AD/CVD 

Operations, Customs Liaison Unit, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230, telephone: (202) 482–4735. 

Background 

Each year during the anniversary 

month of the publication of an 

antidumping or countervailing duty 

order, finding, or suspended 

investigation, an interested party, as 

defined in section 771(9) of the Tariff 

Act of 1930, as amended (the Act), may 

request, in accordance with 19 CFR 

351.213, that the U.S. Department of 

Commerce (Commerce) conduct an 

administrative review of that 

antidumping or countervailing duty 

order, finding, or suspended 

investigation. 

All deadlines for the submission of 

comments or actions by Commerce 

discussed below refer to the number of 

calendar days from the applicable 

starting date. 

Respondent Selection 

In the event Commerce limits the 

number of respondents for individual 

examination for administrative reviews 

initiated pursuant to requests made for 

the orders identified below, Commerce 

intends to select respondents based on 

U.S. Customs and Border Protection 

(CBP) data for U.S. imports during the 

period of review. We intend to release 

the CBP data under Administrative 

Protective Order (APO) to all parties 

having an APO within five days of 

publication of the initiation notice and 


khammond on DSKJM1Z7X2PROD with NOTICES