New AD/CV Duties Possible on Metal Lockers from China
A petition filed July 9 alleges that metal lockers and parts thereof from China are being sold at less than fair value in the U.S. market and benefiting from countervailable subsidies. The alleged average dumping margins are 277.40 to 330.80 percent.
For more information, please contact Kristen Smith at (202) 730-4965.
The products covered by this petition are metal lockers, with or without doors, less than 27 inches wide and less than 27 inches deep, whether floor-standing, installed onto a base, or wall-mounted. These lockers are typically used for storage in schools, fitness centers, apartment buildings, offices, condominiums, single family homes, athletic facilities, public, private, and government buildings, warehouses, factories, transportation hubs, healthcare facilities, amusement parks, military installations, retail businesses, and other commercial and industrial establishments.
The subject lockers typically include the bodies (back, side, shelf, top, and bottom panels), door frames with or without doors that can be integrated into the sides or made separately, and doors. They are typically made of flat-rolled metal, metal mesh, and/or expanded metal (e.g., alloy or non-alloy steel, stainless steel, or aluminum.
The doors may also include transparent polycarbonate, Plexiglas, or similar transparent material or any combination thereof. They are configured with or for a handle or other device that permits the use of a mechanical or electronic lock or locking mechanism. The doors or body panels may include vents or perforations.
The bodies, body components, and doors are typically powder-coated, otherwise painted, or epoxy coated or may be unpainted. The petition covers metal lockers imported either as welded or otherwise assembled units (ready for installation or use) or as knocked down units or kits requiring assembly prior to installation or use.
The petition also covers all parts and components of lockers made from flat-rolled metal or expanded metal as well as accessories that are attached to the lockers when installed (e.g., slope tops, bases, expansion filler panels, dividers, recess trim, decorative end panels, and end caps) that may be imported together with other locker components or on their own. It also includes all hardware for assembly and installation of the lockers and locker banks that are imported with or shipped, invoiced, or sold with the locker or locker system.
Subject lockers are classified under HTSUS 9403.20.0078 and their parts are classified under HTSUS 9403.90.8041.
Specifically excluded from the petition are (1) wire mesh lockers, (2) lockers with bodies made entirely of plastic, wood, or any non-metallic material, (3) exchange lockers with multiple individual locking doors mounted on one master locking door to access multiple units, (4) metal lockers that are imported with an installed electronic, Internet-enabled locking device that permits communication or connection between the locker's locking device and other Internet-connected devices, and (5) hardware and accessories for assembly and installation of the lockers, locker banks, and storage systems that are separately imported in bulk and not incorporated into a locker, locker system, or knocked down kit at the time of importation.
The Department of Commerce and the International Trade Commission will next determine whether to launch AD and/or CV duty and injury investigations, respectively, on this product. There are strict statutory deadlines associated with these proceedings, so affected companies that wish to protect their interests should contact Sandler, Travis & Rosenberg as soon as possible.