China Steel Shelving: New AD/CVD Investigations Deadlines & Scope

The AD duty period of investigation is Jan. 1, 2014, through June 30, 2014. The CV duty period of investigation is Jan 1, 2013, through Dec. 31, 2013.

AD/CVD Respondent Selection

For the both the AD and CV duty investigations, Commerce will send quantity and value questionnaires to each potential respondent, and will base respondent selection on the responses it receives. Chinese exporters that don't get a quantity and value questionnaire can still submit one. Commerce posted the quantity and value questionnaires (here) for the AD duty investigation, and (here) for the CV duty investigation. Responses are due Sept. 26.

AD Separate Rate Applications

For AD investigations involving non-market economy (NME) countries such as China, Commerce requires that respondents submit a response to both the Q&V questionnaire and the separate rate application by the respective deadlines in order to prove independence from state control and receive consideration for separate rate status. Commerce will calculate combination rates for certain respondents that are eligible for a separate rate in this investigation, instead of assigning them the typically high China-wide rate. Separate-rate status applications are due 60 days after publication of the AD initiation notice in the Federal Register (i.e., Nov. 21). The separate rate application is available (here).

Scope of the AD/CVD Investigations

"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 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 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, 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;
• 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."

Comments on Scope Due by Oct. 6

Commerce said it discussed the scope with petitioners to ensure it's an accurate reflection of the products for which the domestic industry is seeking relief. Comments on the scope of both investigations are due by Oct. 6.

Investigations Timetable

¹If the ITC makes a negative determination of injury, the investigations are terminated.

²These deadlines may be extended under the governing statute.

³This will take place only in the event of Commerce Department final affirmative determinations.

⁴This will take place only in the event of Commerce and ITC final affirmative determinations.

(See 14082723 for summary of the Commerce Department's receipt of the petition underlying the initiation of this investigation.)

The AD duty initiation notice is (here).

The CV duty initiation notice is (here).

The Commerce Department fact sheet on the initiation of these investigations is (here).