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New AD/CV Duties Sought On Boltless Steel Shelving from China

Wednesday, August 27, 2014

A petition filed Aug. 26 alleges that certain boltless steel shelving from China is being sold at less than fair value and also benefits from countervailable subsidies. The alleged dumping margins range from 33 percent to 267 percent, and 20 distinct countervailable subsidy programs are alleged. Under special non-market economy rules, the petitioners have selected Indonesia as a surrogate country to value factors of production for Chinese manufacturers.

The scope of this petition covers boltless steel shelving units prepackaged for sale, with or without decks. These items may commonly be 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 “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 and typically by 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 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.

The scope includes all boltless steel shelving meeting the description above, regardless of (1) vertical support or post type (including open post, closed post and tubing), (2) horizontal support or beam/brace profile (including Z-beam, C-beam, L-beam, step beam and cargo rack), (3) number of supports, (4) surface coating type (including paint, epoxy, powder coating, zinc and other metallic coating), (5) number of levels, (6) weight capacity, (7) shape (including rectangular, square and corner units), (8) decking type (including wire decking, particle board, laminated board or no deck at all), or (9) the boltless method by which vertical and horizontal supports connect (including keyhole and rivet, slot and tab, welded frame, punched rivet and clip).

Subject shelving is classified under HTSUS subheadings HTSUS 9403.20.0018 (metal household furniture other than cribs and toddler enclosures) and 9403.20.0020 (metal shelves other than household or office furniture). It may also enter through HTSUS 9403.10.0040 (metal furniture of a kind used in offices, other than filing cabinets).

Specifically excluded from the scope are pallet racks, plastic shelving units, wall-mounted shelving, wooden shelving units and other wooden furniture containing shelves. Also excluded is wire shelving, which consists of a shelf 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. Also excluded are bulk-packed parts or components of boltless steel shelving units and made-to-order commercial shelving systems.

The International Trade Administration and the International Trade Commission will next determine whether to launch AD/CV duty and injury investigations, respectively, on the subject tires. There are strict statutory deadlines associated with these proceedings, so affected companies that wish to protect their interests should contact trade counsel as soon as possible.

For more information contact Kristen Smith at (202) 730-4965 or Mark Ludwikowski at (202) 730-4967.

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