Federal Register / Vol. 80, No. 20 / Friday, January 30, 2015 / Notices 5089 

11On November 24, 2014, Enforcement and 

Compliance changed the name of Enforcement and 

Compliance’s AD and CVD Centralized Electronic 

Service System (‘‘IA ACCESS’’) to AD and CVD 

Centralized Electronic Service System (‘‘ACCESS’’). 

The Web site location was changed from http://

iaaccess.trade.gov to http://access.trade.gov. The 

Final Rule changing the references to the 

Regulations can be found at 79 FR 69046 

(November 20, 2014). 

12See 19 CFR 351.310(c). 

13For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings: 

Assessment of Antidumping Duties, 76 FR 65694 

(October 24, 2011). 

Public Comment 

Interested parties are invited to 

comment on the preliminary results and 

may submit case briefs and/or written 

comments within 30 days of the date of 

publication of this notice, pursuant to 

19 CFR 351.309(c)(1)(ii). Rebuttal briefs, 

limited to issues raised in the case 

briefs, will be due five days after the 

due date for case briefs, pursuant to 19 

CFR 351.309(d). Parties who submit 

case or rebuttal briefs in this proceeding 

are requested to submit with each 

argument a statement of the issue, a 

summary of the argument not to exceed 

five pages, and a table of statutes, 

regulations, and cases cited, in 

accordance with 19 CFR 351.309(c)(2) 

and (d)(2). 

Pursuant to 19 CFR 351.310(c), 

interested parties who wish to request a 

hearing or to participate if one is 

requested, must submit a written 

request to the Assistant Secretary for 

Enforcement and Compliance, U.S. 

Department of Commerce, filed 

electronically using Enforcement and 

Compliance’s Antidumping and 

Countervailing Duty Centralized 

Electronic Service System 

(‘‘ACCESS’’).11 ACCESS is available to 

registered users at http://

access.trade.gov and in the Central 

Records Unit, room 7046 of the main 

Department of Commerce building. An 

electronically filed document must be 

received successfully in its entirety by 

the Department’s electronic records 

system, ACCESS, by 5:00 p.m. Eastern 

Standard Time, within 30 days after the 

date of publication of this notice.12

Requests should contain: (1) The party’s 

name, address and telephone number; 

(2) the number of participants; and (3) 

a list of issues to be discussed. Issues 

raised in the hearing will be limited to 

those raised in the respective case 

briefs. The Department intends to issue 

the final results of this administrative 

review, including the results of its 

analysis of the issues raised in any 

written briefs, not later than 120 days 

after the date of publication of this 

notice, pursuant to section 751(a)(3)(A) 

of the Act. 

Assessment Rates 

Upon issuance of the final results, the 

Department will determine, and CBP 

shall assess, antidumping duties on all 

appropriate entries covered by this 

review. The Department intends to issue 

assessment instructions to CBP 15 days 

after the publication date of the final 

results of this review. Additionally, 

pursuant to a recently announced 

refinement to its assessment practice in 

NME cases, if the Department continues 

to determine that an exporter under 

review had no shipments of the subject 

merchandise, any suspended entries 

that entered under that exporter’s case 

number (i.e., at that exporter’s rate) will 

be liquidated at the PRC-wide rate.13

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective upon 

publication of the final results of this 

administrative review for all shipments 

of the subject merchandise entered, or 

withdrawn from warehouse, for 

consumption on or after the publication 

date, as provided for by section 

751(a)(2)(C) of the Act: (1) For TMI/

TMM, which claimed no shipments, the 

cash deposit rate will remain unchanged 

from the rate assigned to TMI/TMM in 

the most recently completed review of 

the company; (2) for previously 

investigated or reviewed PRC and nonPRC exporters who are not under review 

in this segment of the proceeding but 

who have separate rates, the cash 

deposit rate will continue to be the 

exporter-specific rate published for the 

most recent period; (3) for all PRC 

exporters of subject merchandise that 

have not been found to be entitled to a 

separate rate, the cash deposit rate will 

be the PRC-wide rate of 141.49 percent; 

and (4) for all non-PRC exporters of 

subject merchandise which have not 

received their own rate, the cash deposit 

rate will be the rate applicable to the 

PRC exporter(s) that supplied that nonPRC exporter. These deposit 

requirements, when imposed, shall 

remain in effect until further notice. 

Notification to Importers 

This notice also serves as a 

preliminary reminder to importers of 

their responsibility under 19 CFR 

351.402(f)(2) to file a certificate 

regarding the reimbursement of 

antidumping duties prior to liquidation 

of the relevant entries during this 

period. Failure to comply with this 

requirement could result in the 

Secretary’s presumption that 

reimbursement of antidumping duties 

occurred and the subsequent assessment 

of double antidumping duties. 

This administrative review and notice 

are in accordance with sections 

751(a)(1) and 777(i) of the Act and 19 

CFR 351.213. 

Dated: January 22, 2015. 

Paul Piquado, 

Assistant Secretary for Enforcement and 

Compliance. 

[FR Doc. 2015–01814 Filed 1–29–15; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–019] 

Countervailing Duty Investigation of 

Boltless Steel Shelving Units 

Prepackaged for Sale From the 

People’s Republic of China: 

Preliminary Determination and 

Alignment of Final Determination With 

Final Antidumping Duty Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(the ‘‘Department’’) preliminarily 

determines that countervailable 

subsidies are being provided to 

producers and exporters of boltless steel 

shelving units prepackaged for sale 

(‘‘boltless steel shelves’’) from the 

People’s Republic of China (the ‘‘PRC’’). 

We invite interested parties to comment 

on this preliminary determination. 

DATES: Effective Date: January 30, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Susan Pulongbarit or Paul Walker, AD/ 

CVD Operations, Office V, Enforcement 

and Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue NW., Washington, DC 20230; 

telephone 202.482.4031 or 

202.482.0413, respectively. 

SUPPLEMENTARY INFORMATION: 

Scope of the Investigation 

The scope of the investigation covers 

boltless steel shelving units 

prepackaged for sale, with or without 

decks. 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 includes add-on kits. Add-on 

kits include, but are not limited to, kits 


asabaliauskas on DSK5VPTVN1PROD with NOTICES
5090 Federal Register / Vol. 80, No. 20 / Friday, January 30, 2015 / Notices 

1The 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. 

2See Memorandum from Christian Marsh, Deputy 

Assistant Secretary for Antidumping and 

Countervailing Duty Operations, to Paul Piquado, 

Assistant Secretary for Enforcement and 

Compliance, ‘‘Countervailing Duty Investigation of 

Boltless Steel Shelving Units Prepackaged for Sale 

from the People’s Republic of China: Decision 

Memorandum for the Preliminary Determination,’’ 

dated concurrently with this notice (‘‘Preliminary 

Decision Memo’’). 

3On November 24, 2014, Enforcement and 

Compliance changed the name of Enforcement and 

Compliance’s AD and CVD Centralized Electronic 

Service System (‘‘IA ACCESS’’) to AD and CVD 

Centralized Electronic Service System (‘‘ACCESS’’). 

The Web site location was changed from http://

iaaccess.trade.gov to http://access.trade.gov. The 

Final Rule changing the references to the 

Regulations can be found at 79 FR 69046. 

4See sections 776(a) and (b) of the Act. 5See Boltless Steel Shelving Units Prepackaged 

for Sale from the People’s Republic of China, 79 FR 

56562 (September 22, 2014). 

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, Cbeam, 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; 1

• 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 subheadings 

9403.20.0018 and 9403.20.0020, but 

may also enter through HTSUS 

9403.10.0040. While HTSUS 

subheadings are provided for 

convenience and Customs purposes, the 

written description of the scope of this 

investigation is dispositive. 

Methodology 

The Department is conducting this 

countervailing duty (‘‘CVD’’) 

investigation in accordance with section 

701 of the Tariff Act of 1930, as 

amended (the ‘‘Act’’). For a full 

description of the methodology 

underlying our preliminary conclusions, 

see the Preliminary Decision Memo.2

The Preliminary Decision Memo is a 

public document and is on file 

electronically via Enforcement & 

Compliance’s Antidumping and 

Countervailing Duty Centralized 

Electronic Service System (‘‘ACCESS’’).3

ACCESS is available to registered users 

at http://access.trade.gov, and is 

available to all parties in the Central 

Records Unit, room 7046 of the main 

Department of Commerce building. In 

addition, a complete version of the 

Preliminary Decision Memo can be 

accessed directly on the Internet at 

http://trade.gov/enforcement/frn/

index.html. The signed Preliminary 

Decision Memo and the electronic 

versions of the Preliminary Decision 

Memo are identical in content. 

The Department notes that, in making 

these findings, we relied, in part, on 

facts available and, because one or more 

respondents did not act to the best of 

their ability to respond to the 

Department’s requests for information, 

we drew an adverse inference where 

appropriate in selecting from among the 

facts otherwise available.4 For further 

information, see ‘‘Use of Facts 

Otherwise Available and Adverse 

Inferences’’ in the Preliminary Decision 

Memo. 

Alignment 

As noted in the Preliminary Decision 

Memo, in accordance with section 

705(a)(1) of the Act and 19 CFR 

351.210(b)(4), we are aligning the final 

CVD determination in this investigation 

with the final determination in the 

companion antidumping duty (‘‘AD’’) 

investigation of steel shelves from the 

PRC.5 Consequently, the final CVD 

determination will be issued on the 

same date as the final AD 

determination, which is currently 

scheduled to be issued no later than 

June 30, 2014, unless postponed. 

Preliminary Determination and 

Suspension of Liquidation 

In accordance with section 

703(d)(1)(A)(i) of the Act, we calculated 

an estimated individual countervailable 

subsidy rate for each producer/exporter 

of the subject merchandise individually 

investigated. We preliminarily 

determine these rates to be: 

Company Subsidy rate 

Ningbo ETDZ Huixing Trade 

Co., Ltd. ............................ 12.21 

NanjingTopsun Racking 

Manufacturing Co., Ltd. .... 14.53 

All Others .............................. 13.37 

Dalian Huameilong Metal 

Products Co., Ltd.* ............ 55.75 

Dongguan Yuan Er Sheng 

Machinery Source Hardware Co., Ltd.* .................. 55.75 

Dong Rong Metal Products 

Co., Ltd.* ........................... 55.75 

Global Storage Equipment 

Manufacturer Limited* ....... 55.75 

Intradin (Shanghai) Import & 

Export Co., Ltd.* ............... 55.75 

Jinhua Development District 

Hongfa Tool, Ltd.* ............. 55.75 


asabaliauskas on DSK5VPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 20 / Friday, January 30, 2015 / Notices 5091 

6See 19 CFR 351.309; see also 19 CFR 351.303 

(for general filing requirements). 

7See 19 CFR 351.310(c). 

Company Subsidy rate 

Kunshan Jisheng Metal & 

Plastic Co., Ltd.* ............... 55.75 

Nanjing Huade Warehousing 

Equipment Manufacturing 

Co. Ltd.* ............................ 55.75 

Nanjing Whitney Metal Products Co., Ltd.* ................... 55.75 

Nanjing Yodoly Logistics 

Equipments Manufacturing 

Co., Ltd.* ........................... 55.75 

Ningbo Decko Metal Products Trade Co., Ltd.* ......... 55.75 

Ningbo Haifa Metal Works 

Co., Ltd.* ........................... 55.75 

Ningbo HaiFa Office Equipment Co., Ltd.* .................. 55.75 

Ningbo TLT Metal Products 

Co., Ltd.* ........................... 55.75 

* Non-cooperative company to which an adverse facts available rate is being applied. See 

‘‘Use of Facts Otherwise Available and Adverse Inferences’’ section in the Preliminary 

Decision Memorandum. 

In accordance with sections 

703(d)(1)(B) and (2) of the Act, we are 

directing U.S. Customs and Border 

Protection to suspend liquidation of all 

entries of steel shelves from the PRC 

that are entered, or withdrawn from 

warehouse, for consumption on or after 

the date of the publication of this notice 

in the Federal Register, and to require 

a cash deposit for such entries of 

merchandise in the amounts indicated 

above. 

In accordance with sections 703(d) 

and 705(c)(5)(A) of the Act, for 

companies not investigated, we apply 

an ‘‘all-others’’ rate, which is normally 

calculated by weighting the subsidy 

rates of the individual companies 

selected as mandatory respondents by 

those companies’ exports of the subject 

merchandise to the United States. Under 

section 705(c)(5)(i) of the Act, the allothers rate should exclude zero and de 

minimis rates calculated for the 

exporters and producers individually 

investigated as well as rates based 

entirely on facts otherwise available. 

Notwithstanding the language of section 

705(c)(5)(A)(i) of the Act, we have not 

calculated the ‘‘all-others’’ rate by 

weighted averaging the rates of the two 

individually investigated respondents, 

because doing so risks disclosure of 

proprietary information. Therefore, for 

the ‘‘all-others’’ rate, we calculated a 

simple average of the two responding 

firms’ rates. 

Disclosure and Public Comment 

The Department will disclose 

calculations performed for this 

preliminary determination to the parties 

within five days of the date of public 

announcement of this determination in 

accordance with 19 CFR 351.224(b). 

Case briefs or other written comments 

for all non-scope issues 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 proceeding, and rebuttal briefs, 

limited to issues raised in case briefs, 

may be submitted no later than five days 

after the deadline date for case briefs.6

A table of contents, list of authorities 

used and an executive summary of 

issues should accompany any briefs 

submitted to the Department. This 

summary should be limited to five pages 

total, including footnotes. 

Interested parties who wish to request 

a hearing, or to participate if one is 

requested, must submit a written 

request to the Assistant Secretary for 

Enforcement and Compliance, U.S. 

Department of Commerce, filed 

electronically using ACCESS. An 

electronically filed document must be 

received successfully in its entirety by 

the Department’s electronic records 

system, ACCESS, by 5:00 p.m. Eastern 

Standard Time, within 30 days after the 

date of publication of this notice.7

Requests should contain the party’s 

name, address, and telephone number; 

the number of participants; and a list of 

the issues to be discussed. If a request 

for a hearing is made, the Department 

intends to hold the hearing at the U.S. 

Department of Commerce, 14th Street 

and Constitution Avenue NW., 

Washington, DC 20230, at a date, time 

and location to be determined. Parties 

will be notified of the date, time and 

location of any hearing. 

International Trade Commission 

Notification 

In accordance with section 703(f) of 

the Act, we will notify the International 

Trade Commission (‘‘ITC’’) of our 

determination. In addition, we are 

making available to the ITC all nonprivileged and non-proprietary 

information relating to this 

investigation. We will allow the ITC 

access to all privileged and business 

proprietary information in our files, 

provided the ITC confirms that it will 

not disclose such information, either 

publicly or under an administrative 

protective order, without the written 

consent of the Assistant Secretary for 

Enforcement and Compliance. 

In accordance with section 705(b)(2) 

of the Act, if our final determination is 

affirmative, the ITC will make its final 

determination within 45 days after the 

Department makes its final 

determination. 

This determination is issued and 

published pursuant to sections 703(f) 

and 777(i) of the Act and 19 CFR 

351.205(c). 

Dated: January 23, 2015. 

Paul Piquado, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix—List of Topics Discussed in 

the Preliminary Decision Memo 

I. Summary 

II. Background 

III. Scope Comments 

IV. Scope of the Investigation 

V. Alignment 

VI. Respondent Selection 

VII. Voluntary Respondent Treatment 

VIII. Injury Test 

IX. Application of Countervailing Duty Law 

to Imports from the PRC 

X. Subsidies Valuation 

XI. Use of Facts Otherwise Available and 

Adverse Inferences 

XII. Analysis of Programs 

XIII. Verification 

XIV. Conclusion 

[FR Doc. 2015–01816 Filed 1–29–15; 8:45 a.m.] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic And Atmospheric 

Administration 

[Docket No. 150114039–5039–01] 

RIN 0648–XD719 

Higher Initial Maximum Uniform 

Allowance Rate; Uniform Allowances 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; request for comments. 

SUMMARY: The NMFS Office of Law 

Enforcement (OLE) is planning to 

establish a higher initial maximum 

uniform allowance to procure and issue 

uniform items for uniformed 

enforcement officers (EOs). OLE has 

changed its uniform policy, now 

requiring five classes of uniforms. Until 

now, EOs were only required to have 

two classes of uniforms. This change 

affects 30 current EOs, 25 planned new 

EOs in 2015, and any future EOs. 

Current OPM regulations allow an 

agency to establish one or more initial 

maximum uniform allowance rates 

greater than the government-wide 

maximum uniform allowance rate. 

DATES: NMFS must receive comments 

on or before March 2, 2015. 


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