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PETITIONS FOR THE IMPOSITION OF ANTIDUMPING AND COUNTERVAILING DUTIES ON CERTAIN METAL LOCKERS AND PARTS THEREOF FROM THE PEOPLE’S REPUBLIC OF CHINA

I.  Type of Action: Antidumping Duty (“AD”): China ; Countervailing Duty (“CVD”): China

II.  Product:

The scope of this investigation covers certain metal lockers, with or without doors, and parts thereof. The subject certain metal lockers are metal storage devices less than 27” wide and less than 27” deep, whether floor standing, installed onto a base or wall-mounted. Where there are multiple lockers in a single unit, the width measurement is based on the width of an individual locker and not the overall unit dimensions. All dimensions are outer dimensions.

The subject parts of the certain metal lockers included in the scope includes all parts and components of lockers made from flat-rolled metal or expanded metal including the back and side panels, shelves, tops, bottoms, door frames and doors. It also includes metal locker frames where the frames or frame elements are separate from the panels, as well as accessories that are attached to the lockers when installed, including 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 imported locker or locker system.

The subject metal lockers typically are made of flat-rolled metal, metal mesh and/or expanded metal, which includes but is not limited to alloy or non-alloy steel (whether or not galvanized or otherwise metallically coated for corrosion resistance), stainless steel, or aluminum, but the doors may also include transparent polycarbonate, Plexiglas or similar transparent material or any combination thereof. The doors are configured with or for a handle or other device that permit the use of a mechanical or electronic lock or locking mechanism, including, but not limited to: a combination lock, a padlock, a key lock, lever or knob lock, and a wireless lock. The doors or body panels may also include vents (including wire mesh or expanded metal mesh vents) or perforations. The bodies, body components and doors are typically powder coated, otherwise painted or may be unpainted.

The subject certain metal lockers include 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 subject lockers may be shipped as individual or multiple locker units preassembled, welded, or combined into banks or tiers for ease of installation or as sets of component parts, bulk packed (i.e., all backs in one package, crate, rack, carton or container and sides in another package, crate, rack, carton or container) or any combination thereof. The knocked down lockers are shipped unassembled requiring a supplier, contractor or end-user to assemble the individual lockers and locker banks prior to installation by means of screws, nuts and bolts, rivets, or other means. Descriptions of these in-scope metal lockers, along with pictures of representative types of metal lockers, are provided at Exhibit GEN-3.

Excluded from the scope are:

(1) wire mesh lockers, i.e., those with at least three sides including the door, made from wire mesh, with a width and depth each exceeding 25 inches and a height exceeding 90 inches;

(2) lockers with bodies made entirely of plastic, wood or any other non-metallic material.

(3) exchange lockers consisting of lockers with multiple individual storage spaces with access doors for each of the multiple individual storage spaces mounted on a single frame that can be swung open to allow access to all of the storage spaces at once; and

(4) lockers that are imported with an installed electronic or 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 (e.g., rivets, nuts, bolts, hinges, door handles, locks, door/frame latching components, and coat hooks) for assembly and installation of the certain metal lockers, that are separately imported in bulk and are not incorporated into a locker, locker system, knocked down kit at the time of importation.

III.  HTS classifications:

Metal lockers are currently classified in the Harmonized Tariff Schedule of the United States (“HTSUS”) under statistical subheading 9403.20.0078 (metal furniture other than household; storage lockers, other than exchange lockers), while locker parts and components are classifiable under HTS subheading 9403.90.8041 (parts of other furniture of metal).  Prior to July 1, 2019, metal lockers were classified under HTSUS statistical subheading 9403.20.0080 (metal furniture other than household; other). Id. These statistical subheadings cover all in-scope metal lockers and parts. As noted above, however, the USTR recently granted an exclusion request for metal lockers that incorrectly identified HTS subheading 9403.20.0050 as the appropriate tariff category for metal lockers, instead of 9403.20.0078 (or 9403.20.0080 prior to July 1, 2019).  As a result, it is likely that imports of metal lockers are being misclassified under HTS subheading 9403.20.0050 and may be misclassified under other tariff numbers as well.

IV.  Date of Filing: July 9, 2020

V.  Petitioners: List Industries Inc. (“List”), Lyon LLC (“Lyon”), Penco Products, Inc. (“Penco”), and Tennsco LLC (“Tennsco”)

VI.  Foreign Producers/Exporters:

Please contact our office for a list filed with the petition.

VII.  US Importers named:

Please contact our office for a list filed with the petition.

VIII.  Alleged Dumping Margins (No CVD Margins Listed):

China: 277.40 and 330.80%

IX.  Comments:

A.  Projected date of ITC Preliminary Conference: July 30, 2020.

B.  The earliest theoretical date for retroactive suspension of liquidation for the AD is September 17, 2020; CVD is July 29, 2020.

Please contact our office for a complete projected schedule for the AD/CVD investigations.

C.  Volume and Value of Imports:

Please contact our office for a summary of the data filed with the petition.

D.  List of Alleged Subsidy Programs:

Please contact our office for a list of alleged subsidy programs.

If you have questions regarding how this investigation may impact future imports of scope merchandise or whether a particular product is within the scope of the investigation, please contact one of our attorneys.

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