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[Federal Register Volume 90, Number 27 (Tuesday, February 11, 2025)]
[Notices]
[Pages 9315-9320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02442]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-198]

Temporary Steel Fencing From the People's Republic of China: 
Initiation of Less-Than-Fair-Value Investigation

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

DATES: Applicable February 4, 2025.

FOR FURTHER INFORMATION CONTACT: Robert Palmer, Office VIII, AD/CVD 
Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-9068.

SUPPLEMENTARY INFORMATION:

The Petition

    On January 15, 2025, the U.S. Department of Commerce (Commerce) 
received an antidumping duty (AD) petition concerning imports of 
temporary steel fencing from the People's Republic of China (China) 
filed in proper form on behalf of ZND US Inc. (the petitioner), a U.S. 
producer of temporary steel fencing.\1\ The AD Petition was accompanied 
by a countervailing duty (CVD) petition concerning imports of temporary 
steel fencing from China.\2\
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    \1\ See Petitioner's Letter, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties,'' dated January 15, 2025 
(Petition).
    \2\ Id.
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    On January 17 and 29, 2025, Commerce requested supplemental 
information pertaining to certain aspects of the Petition in 
supplemental questionnaires.\3\ On January 22, 30, and 31, 2025, the 
petitioner filed timely responses to these requests for additional 
information.\4\
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    \3\ See Commerce's Letters, ``Supplemental Questions,'' dated 
January 17, 2025 (General Issues Questionnaire); ``Supplemental 
Questions,'' dated January 17, 2025; ``Supplemental Questions,'' 
dated January 29, 2025; and ``Supplemental Questions,'' dated 
January 29, 2025 (Second General Issues Questionnaire).
    \4\ See Petitioner's Letters, ``Petitioner's Response to 
Commerce's Supplemental Questions,'' dated January 22, 2025 (First 
General Issues Supplement); ``Petitioner's Response to Commerce's 
Supplemental Questions,'' dated January 22, 2025; ``Petitioner's 
Response to Commerce's Supplemental Questions,'' dated January 27, 
2025; ``Petitioner's Response to Commerce's Supplemental 
Questions,'' dated January 30, 2025; and ``Petitioner's Response to 
Commerce's Supplemental Questions,'' dated January 31, 2025 (Second 
General Issues Supplement).

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[[Page 9316]]

    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that imports of temporary 
steel fencing from China are being, or are likely to be, sold in the 
United States at less than fair value (LTFV) within the meaning of 
section 731 of the Act, and that imports of such products are 
materially injuring, or threatening material injury to, the temporary 
steel fencing industry in the United States. Consistent with section 
732(b)(1) of the Act, the Petition was accompanied by information 
reasonably available to the petitioner supporting its allegations.
    Commerce finds that the petitioner filed the Petition on behalf of 
the domestic industry, because the petitioner is an interested party, 
as defined in section 771(9)(C) of the Act. Commerce also finds that 
the petitioner demonstrated sufficient industry support for the 
initiation of the requested LTFV investigation.\5\
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    \5\ See section on ``Determination of Industry Support for the 
Petition,'' infra.
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Period of Investigation

    Because the Petition was filed on January 15, 2025, and because 
China is a non-market economy (NME) country, pursuant to 19 CFR 
351.204(b)(1), the period of investigation (POI) for the LTFV 
investigation is July 1, 2024, through December 31, 2024.

Scope of the Investigation

    The product covered by this investigation is temporary steel 
fencing from China. For a full description of the scope of this 
investigation, see the appendix to this notice.

Comments on the Scope of the Investigation

    On January 17 and 29, 2025, Commerce requested information and 
clarification from the petitioner regarding the proposed scope to 
ensure that the scope language in the Petition is an accurate 
reflection of the products for which the domestic industry is seeking 
relief.\6\ On January 22 and 31, 2025, the petitioner provided 
clarifications and revised the scope.\7\ The description of merchandise 
covered by this investigation, as described in the appendix to this 
notice, reflects these clarifications.
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    \6\ See First General Issues Questionnaire; see also Second 
General Issues Questionnaire.
    \7\ See First General Issues Supplement at I-Supp-2 through I-
Supp-9 and Exhibits I-4-Supp and I-14-Supp through I-19-Supp; see 
also Second General Issues Supplement at 2-8 and Exhibits I-4-Supp 
2, I-22-Supp 2, and I-23-Supp 2.
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    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (i.e., scope).\8\ Commerce will consider all scope 
comments received from interested parties and, if necessary, will 
consult with interested parties prior to the issuance of the 
preliminary determination. If scope comments include factual 
information,\9\ all such factual information should be limited to 
public information. To facilitate preparation of its questionnaires, 
Commerce requests that scope comments be submitted by 5:00 p.m. Eastern 
Time (ET) on February 24, 2025, which is 20 calendar days from the 
signature date of this notice. Any rebuttal comments, which may include 
factual information, and should also be limited to public information, 
must be filed by 5:00 p.m. ET on March 6, 2025, which is 10 calendar 
days from the initial comment deadline.\10\
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    \8\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR 
351.312.
    \9\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \10\ See 19 CFR 351.303(b)(1).
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    Commerce requests that any factual information that parties 
consider relevant to the scope of this investigation be submitted 
during that period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of the 
investigation may be relevant, the party must contact Commerce and 
request permission to submit the additional information. All scope 
comments must be filed simultaneously on the records of the concurrent 
LTFV and CVD investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically via 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS), unless an exception 
applies.\11\ An electronically filed document must be received 
successfully in its entirety by the time and date it is due.
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    \11\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance: Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on using ACCESS 
can be found at https://access.trade.gov/help.aspx and a handbook 
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
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Comments on Product Characteristics

    Commerce is providing interested parties an opportunity to comment 
on the appropriate physical characteristics of temporary steel fencing 
to be reported in response to Commerce's AD questionnaires. This 
information will be used to identify the key physical characteristics 
of the subject merchandise in order to report the relevant factors of 
production (FOP) accurately, as well as to develop appropriate product 
comparison criteria.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate list of 
physical characteristics. In order to consider the suggestions of 
interested parties in developing and issuing the AD questionnaires, all 
product characteristics comments must be filed by 5:00 p.m. ET on 
February 24, 2025, which is 20 calendar days from the signature date of 
this notice. Any rebuttal comments must be filed by 5:00 p.m. ET on 
March 6, 2025, which is 10 calendar days from the initial comment 
deadline. All comments and submissions to Commerce must be filed 
electronically using ACCESS, as explained above, on the record of the 
LTFV investigation.

Determination of Industry Support for the Petition

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) at least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the

[[Page 9317]]

requisite industry support, the statute directs Commerce to look to 
producers and workers who produce the domestic like product. The U.S. 
International Trade Commission (ITC), which is responsible for 
determining whether ``the domestic industry'' has been injured, must 
also determine what constitutes a domestic like product in order to 
define the industry. While both Commerce and the ITC apply the same 
statutory definition regarding the domestic like product,\12\ they do 
so for different purposes and pursuant to a separate and distinct 
authority. In addition, Commerce's determination is subject to 
limitations of time and information. Although this may result in 
different definitions of the like product, such differences do not 
render the decision of either agency contrary to law.\13\
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    \12\ See section 771(10) of the Act.
    \13\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd Algoma Steel Corp., Ltd. v. United 
States, 865 F.2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioner does not 
offer a definition of the domestic like product distinct from the scope 
of the investigation.\14\ Based on our analysis of the information 
submitted on the record, we have determined that temporary steel 
fencing, as defined in the scope, constitutes a single domestic like 
product, and we have analyzed industry support in terms of that 
domestic like product.\15\
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    \14\ For a discussion of the domestic like product analysis as 
applied to this case and information regarding industry support, see 
Checklist, ``Antidumping Duty Investigation Initiation Checklist: 
Temporary Steel Fencing from the People's Republic of China,'' dated 
concurrently with, and hereby adopted by, this notice (China AD 
Initiation Checklist), at Attachment II, Analysis of Industry 
Support for the Antidumping and Countervailing Duty Petitions 
Covering Temporary Steel Fencing from the People's Republic of China 
(Attachment II). This checklist is on file electronically via 
ACCESS.
    \15\ See Attachment II of the China AD Initiation Checklist.
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    In determining whether the petitioner has standing under section 
732(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition with reference to the domestic like product 
as defined in the ``Scope of the Investigation,'' in the appendix to 
this notice. To establish industry support, the petitioner provided the 
2024 production of the domestic like product for the U.S. producers 
that support the Petition and compared this to the estimated total 
production of the domestic like product in 2024 by the entire U.S. 
temporary steel fencing industry.\16\ We relied on data provided by the 
petitioner for purposes of measuring industry support.\17\
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    \16\ Id.
    \17\ For further discussion, see Attachment II of the China AD 
Initiation Checklist.
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    Our review of the data provided in the Petition and other 
information readily available to Commerce indicates that the petitioner 
has established industry support for the Petition.\18\ First, the 
Petition established support from domestic producers (or workers) 
accounting for more than 50 percent of the total production of the 
domestic like product and, as such, Commerce is not required to take 
further action in order to evaluate industry support (e.g., 
polling).\19\ Second, the domestic producers (or workers) have met the 
statutory criteria for industry support under section 732(c)(4)(A)(i) 
of the Act because the domestic producers (or workers) who support the 
Petition account for at least 25 percent of the total production of the 
domestic like product.\20\ Finally, the domestic producers (or workers) 
have met the statutory criteria for industry support under section 
732(c)(4)(A)(ii) of the Act because the domestic producers (or workers) 
who support the Petition account for more than 50 percent of the 
production of the domestic like product produced by that portion of the 
industry expressing support for, or opposition to, the Petition.\21\ 
Accordingly, Commerce determines that the Petition was filed on behalf 
of the domestic industry within the meaning of section 732(b)(1) of the 
Act.\22\
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    \18\ Id.
    \19\ Id.; see also section 732(c)(4)(D) of the Act.
    \20\ See Attachment II of the China AD Initiation Checklist.
    \21\ Id.
    \22\ Id.
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Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at LTFV. In addition, the petitioner alleges that 
subject imports from China exceed the negligibility threshold provided 
for under section 771(24)(A) of the Act.\23\
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    \23\ For further information regarding negligibility and the 
injury allegation, see China AD Initiation Checklist at Attachment 
III, Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petitions 
Covering Temporary Steel Fencing from the People's Republic of China 
(Attachment III).
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    The petitioner contends that the industry's injured condition is 
illustrated by the significant volume and market share of subject 
imports; underselling and price depression and/or suppression; lost 
sales and revenues; and declines in the domestic industry's production, 
capacity utilization, employment variables, and financial 
performance.\24\ We assessed the allegations and supporting evidence 
regarding material injury, threat of material injury, causation, 
cumulation, as well as negligibility, and we have determined that these 
allegations are properly supported by adequate evidence and meet the 
statutory requirements for initiation.\25\
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    \24\ See Attachment III of the China AD Initiation Checklist.
    \25\ Id.
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Allegations of Sales at LTFV

    The following is a description of the allegations of sales at LTFV 
upon which Commerce based its decision to initiate a LTFV investigation 
of imports of temporary steel fencing from China. The sources of data 
for the deductions and adjustments relating to U.S. price and normal 
value (NV) are discussed in greater detail in the China AD Initiation 
Checklist.

U.S. Price

    The petitioner based export price (EP) on pricing information for 
temporary steel fencing produced in China and offered for sale in the 
United States during the POI.\26\ The petitioner made certain 
adjustments to U.S. price to calculate a net ex-factory U.S. price, 
where applicable.\27\
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    \26\ See China AD Initiation Checklist.
    \27\ Id.
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Normal Value

    Commerce considers China to be an NME country.\28\ In accordance 
with section 771(18)(C)(i) of the Act, any

[[Page 9318]]

determination that a foreign country is an NME country shall remain in 
effect until revoked by Commerce. Therefore, we continue to treat China 
as an NME country for purposes of the initiation of this LTFV 
investigation. Accordingly, we base NV on FOPs valued in a surrogate 
market economy country in accordance with section 773(c) of the Act.
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    \28\ See, e.g., Certain Freight Rail Couplers and Parts Thereof 
from the People's Republic of China: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value and Preliminary 
Affirmative Determination of Critical Circumstances, 88 FR 15372 
(March 13, 2023), and accompanying Preliminary Decision Memorandum 
at 5, unchanged in Certain Freight Rail Couplers and Parts Thereof 
from the People's Republic of China: Final Affirmative Determination 
of Sales at Less-Than-Fair Value and Final Affirmative Determination 
of Critical Circumstances, 88 FR 34485 (May 30, 2023).
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    The petitioner claims that the Republic of T[uuml]rkiye 
(T[uuml]rkiye) is an appropriate surrogate country for China because it 
is a market economy that is at a level of economic development 
comparable to that of China and is a significant producer of comparable 
merchandise.\29\ The petitioner provided publicly available information 
from T[uuml]rkiye to value all FOPs.\30\ Based on the information 
provided by the petitioner, we believe it is appropriate to use 
T[uuml]rkiye as a surrogate country for China to value all FOPs for 
initiation purposes.
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    \29\ See China AD Initiation Checklist.
    \30\ Id.
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    Interested parties will have the opportunity to submit comments 
regarding surrogate country selection and, pursuant to 19 CFR 
351.301(c)(3)(i), will be provided an opportunity to submit publicly 
available information to value FOPs within 30 days before the scheduled 
date of the preliminary determination.

Factors of Production

    Because information regarding the volume of inputs consumed by 
Chinese producers/exporters was not reasonably available, the 
petitioner used a U.S. producer's production experience and product-
specific consumption rates as a surrogate to value Chinese 
manufacturers' FOPs.\31\ Additionally, the petitioner calculated 
factory overhead, selling, general, and administrative expenses, and 
profit based on the experience of two Turkish producers of comparable 
merchandise.\32\
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    \31\ See China AD Initiation Checklist.
    \32\ Id.
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Fair Value Comparisons

    Based on the data provided by the petitioner, there is reason to 
believe that imports of temporary steel fencing from China are being, 
or are likely to be, sold in the United States at LTFV. Based on 
comparisons of EP to NV in accordance with sections 772 and 773 of the 
Act, the estimated dumping margins for temporary steel fencing from 
China covered by this initiation range from 501.26 to 738.98 
percent.\33\
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    \33\ Id.
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Initiation of LTFV Investigation

    Based upon the examination of the Petition and supplemental 
responses, we find that they meet the requirements of section 732 of 
the Act. Therefore, we are initiating a LTFV investigation to determine 
whether imports of temporary steel fencing are, or are likely to be, 
sold in the United States at LTFV. In accordance with section 
733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless postponed, we 
will make our preliminary determination no later than 140 days after 
the date of this initiation.

Respondent Selection

    In the Petition, the petitioner identified over 150 companies in 
China as producers and/or exporters of temporary steel fencing.\34\ Our 
standard practice for respondent selection in AD investigations 
involving NME countries is to select respondents based on quantity and 
value (Q&V) questionnaires in cases where Commerce has determined that 
the number of companies is large, and it cannot individually examine 
each company based upon its resources. Therefore, considering the 
number of producers and/or exporters identified in the Petition, 
Commerce will solicit Q&V information that can serve as a basis for 
selecting exporters for individual examination in the event that 
Commerce determines that the number is large and decides to limit the 
number of respondents individually examined pursuant to section 
777A(c)(2) of the Act. Because there are over 150 Chinese producers 
and/or exporters identified in the Petition, Commerce has determined 
that it will issue Q&V questionnaires to the largest producers and/or 
exporters in China that are identified in the U.S. Customs and Border 
Protection POI entry data for which there is complete address 
information on the record.\35\
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    \34\ See Petition at Volume I (pages I-11 and I-23 and Exhibit 
I-8); see also First General Issues Supplement at I-Supp-1 and 
Exhibit I-8-Supp; and Second General Issues Supplement at 1-2.
    \35\ See Memorandum, ``Release of U.S. Customs and Border 
Protection Entry Data,'' dated January 30, 2025.
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    Commerce will post the Q&V questionnaires along with filing 
instructions on Commerce's website at https://www.trade.gov/ec-adcvd-case-announcements. Producers/exporters of temporary steel fencing from 
China that do not receive Q&V questionnaires may still submit a 
response to the Q&V questionnaire and can obtain a copy of the Q&V 
questionnaire from Commerce's website. Responses to the Q&V 
questionnaire must be submitted by the relevant Chinese producers/
exporters no later than 5:00 p.m. ET on February 18, 2025, which is two 
weeks from the signature date of this notice. All Q&V questionnaire 
responses must be filed electronically via ACCESS. An electronically 
filed document must be received successfully, in its entirety, by 
ACCESS no later than 5:00 p.m. ET on the deadline noted above.
    Interested parties must submit applications for disclosure under 
administrative protective order (APO) in accordance with 19 CFR 
351.305(b). As stated above, instructions for filing such applications 
may be found on Commerce's website at https://www.trade.gov/administrative-protective-orders.

Separate Rates

    In order to obtain separate rate status in an NME investigation, 
exporters and producers must submit a separate rate application. The 
specific requirements for submitting a separate rate application in an 
NME investigation are outlined in detail in the application itself, 
which is available on Commerce's website at https://access.trade.gov/Resources/nme/nme-sep-rate.html. Note that Commerce recently 
promulgated new regulations pertaining to separate rates, including the 
separate rate application deadline and eligibility for separate rate 
status, in 19 CFR 351.108.\36\ Pursuant to 19 CFR 351.108(d)(1), the 
separate rate application will be due 21 days after publication of this 
initiation notice.\37\ Exporters and producers must file a timely 
separate rate application if they want to be considered for individual 
examination. In addition, pursuant to 19 CFR 351.108(e), exporters and 
producers who submit a separate rate application and have been selected 
as mandatory respondents will be eligible for consideration for 
separate rate status only if they fully respond to all parts of 
Commerce's AD questionnaire and participate in the LTFV proceeding as 
mandatory respondents.\38\ Commerce requires that companies from China 
submit a response both to the Q&V questionnaire and to the separate 
rate application by the respective deadlines to receive consideration 
for separate rate status. Companies not filing a timely Q&V 
questionnaire response will not receive separate rate consideration.
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    \36\ See Regulations Enhancing the Administration of the 
Antidumping and Countervailing Duty Trade Remedy Laws, 89 FR 101694, 
101759-60 (December 16, 2024).
    \37\ See 19 CFR 351.108(d)(1).
    \38\ See 19 CFR 351.108(e).
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Use of Combination Rates

    Commerce will calculate combination rates for certain respondents 
that are

[[Page 9319]]

eligible for a separate rate in an NME investigation. The Separate 
Rates and Combination Rates Bulletin states:

{w{time} hile continuing the practice of assigning separate rates 
only to exporters, all separate rates that {Commerce{time}  will now 
assign in its NME investigation will be specific to those producers 
that supplied the exporter during the period of investigation. Note, 
however, that one rate is calculated for the exporter and all of the 
producers which supplied subject merchandise to it during the period 
of investigation. This practice applies both to mandatory 
respondents receiving an individually calculated separate rate as 
well as the pool of non-investigated firms receiving the {weighted 
average{time}  of the individually calculated rates. This practice 
is referred to as the application of ``combination rates'' because 
such rates apply to specific combinations of exporters and one or 
more producers. The cash-deposit rate assigned to an exporter will 
apply only to merchandise both exported by the firm in question and 
produced by a firm that supplied the exporter during the period of 
investigation.\39\
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    \39\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigation involving NME Countries,'' (April 
5, 2005), at 6 (emphasis added), available on Commerce's website at 
https://access.trade.gov/Resources/policy/bull05-1.pdf.

Distribution of Copies of the Petition

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), copies of the public version of the Petition have been 
provided to the Government of China via ACCESS. To the extent 
practicable, we will attempt to provide a copy of the public version of 
the Petition to each exporter named in the Petition, as provided under 
19 CFR 351.203(c)(2).

ITC Notification

    Commerce will notify the ITC of our initiation, as required by 
section 732(d) of the Act.

Preliminary Determination by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition was filed, whether there is a reasonable 
indication that imports of temporary steel fencing from China are 
materially injuring, or threatening material injury to, a U.S. 
industry.\40\ A negative ITC determination will result in the 
investigation being terminated.\41\ Otherwise, this LTFV investigation 
will proceed according to statutory and regulatory time limits.
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    \40\ See section 733(a) of the Act.
    \41\ Id.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). Section 351.301(b) of Commerce's 
regulations requires any party, when submitting factual information, to 
specify under which subsection of 19 CFR 351.102(b)(21) the information 
is being submitted \42\ and, if the information is submitted to rebut, 
clarify, or correct factual information already on the record, to 
provide an explanation identifying the information already on the 
record that the factual information seeks to rebut, clarify, or 
correct.\43\ Time limits for the submission of factual information are 
addressed in 19 CFR 351.301, which provides specific time limits based 
on the type of factual information being submitted. Interested parties 
should review the regulations prior to submitting factual information 
in this investigation.
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    \42\ See 19 CFR 351.301(b).
    \43\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by Commerce. In general, an extension request will 
be considered untimely if it is filed after the expiration of the time 
limit established under 19 CFR 351.301, or as otherwise specified by 
Commerce.\44\ For submissions that are due from multiple parties 
simultaneously, an extension request will be considered untimely if it 
is filed after 10:00 a.m. ET on the due date. Under certain 
circumstances, Commerce may elect to specify a different time limit by 
which extension requests will be considered untimely for submissions 
which are due from multiple parties simultaneously. In such a case, we 
will inform parties in a letter or memorandum of the deadline 
(including a specified time) by which extension requests must be filed 
to be considered timely. An extension request must be made in a 
separate, standalone submission; under limited circumstances we will 
grant untimely filed requests for the extension of time limits, where 
we determine, based on 19 CFR 351.302, that extraordinary circumstances 
exist. Parties should review Commerce's regulations concerning the 
extension of time limits and the Time Limits Final Rule prior to 
submitting factual information in this investigation.\45\
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    \44\ See 19 CFR 351.301; see also Extension of Time Limits; 
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final 
Rule), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
    \45\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
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Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\46\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\47\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \46\ See section 782(b) of the Act.
    \47\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Additional 
information regarding the Final Rule is available at https://access.trade.gov/Resources/filing/index.html.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. Parties wishing to participate 
in this investigation should ensure that they meet the requirements of 
19 CFR 351.103(d) (e.g., by filing the required letter of appearance). 
Note that Commerce has amended certain of its requirements pertaining 
to the service of documents in 19 CFR 351.303(f).\48\
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    \48\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 
67069 (September 29, 2023).
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    This notice is issued and published pursuant to sections 732(c)(2) 
and 777(i) of the Act, and 19 CFR 351.203(c).

    Dated: February 4, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix

Scope of the Investigation

    The merchandise subject to this investigation is temporary steel 
fencing. Temporary steel fencing consists of temporary steel fence 
panels and temporary steel fence stands. Temporary steel fence 
panels, when assembled with temporary steel fence stands or other 
types of stands outside of the scope, with each other, or with 
posts, create a free-standing fence. Temporary steel fence panels 
are covered by the scope regardless of whether they attach to a 
stand or the type of stand to which they connect.
    Temporary steel fence panels have a welded frame of steel tubing 
and an interior

[[Page 9320]]

consisting of chain link, steel wire mesh, or other steel materials 
that are not more than 10 millimeters in actual diameter or width. 
The steel tubing may surround all edges of the temporary steel fence 
panel or only be attached along two parallel sides of the panel. All 
temporary steel fence panels with at least two framed sides are 
covered by the scope, regardless of the number of edges framed with 
steel tubing.
    Temporary steel fence panels are typically between 10 and 12 
feet long and six to eight feet high, though all temporary steel 
fence panels are covered by the scope regardless of dimension or 
weight as long as a single panel is over six square feet in actual 
surface area and weighs more than four pounds. Temporary steel fence 
panels may be square, rectangular, or have rounded edges, and may or 
may not have gates, doors, wheels, or barbed wire or other features, 
though all temporary steel fence panels are covered by the scope 
regardless of shape and other features. Temporary steel fence panels 
may have one or more horizontal, vertical, or diagonal reinforcement 
tubes made of steel welded to the inside frame, though all temporary 
steel fence panels are covered by the scope regardless of the 
existence, number, or type of reinforcement tubes attached to the 
panel. Temporary steel fence panels may have extensions, pins, 
tubes, or holes at the bottom of the panel, but all temporary steel 
fence panels are covered regardless of the existence of such 
features.
    Steel fence stands are shapes made of steel that stand flat on 
the ground and have one or two open tubes or solid pins into which 
temporary steel fence panels are inserted to stand erect. The steel 
fence stand may be made of welded steel tubing or may be a flat 
steel plate with one or two tubes or pins welded onto the plate for 
connecting the panels.
    Temporary steel fencing is covered by the scope regardless of 
coating, painting, or other finish. Both temporary steel fence 
panels and temporary steel fence stands are covered by the scope, 
whether imported assembled or unassembled, and whether imported 
together or separately.
    Subject merchandise includes material matching the above 
description that has been finished, assembled, or packaged in a 
third country, including by coating, painting, assembling, attaching 
to, or packaging with another product, or any other finishing, 
assembly, or packaging operation that would not otherwise remove the 
merchandise from the scope of the investigation if performed in the 
country of manufacture of the temporary steel fencing.
    Temporary steel fencing is included in the scope of this 
investigation whether or not imported attached to, or in conjunction 
with, other parts and accessories such as posts, hooks, rings, 
brackets, couplers, clips, connectors, handles, brackets, or 
latches. If temporary steel fencing is imported attached to, or in 
conjunction with, such non-subject merchandise, only the temporary 
steel fencing is included in the scope.
    Merchandise covered by this investigation is currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) under the subheading 7308.90.9590. Subject merchandise may 
also enter under subheadings 7326.90.8688 and 7323.99.9080 of the 
HTSUS. The HTSUS subheadings set forth above are provided for 
convenience and U.S. Customs purposes only. The written description 
of the scope is dispositive.

[FR Doc. 2025-02442 Filed 2-10-25; 8:45 am]
BILLING CODE 3510-DS-P
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