GDLSK: Grunfeld Desiderio Lebowitz Silverman & Klestadt LLP
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Petitions for the Imposition of Antidumping Duties and Countervailing Duties on Vertical Metal File Cabinets from China

Case Summary

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

II.  Product:

The scope of this investigation covers freestanding vertical metal file cabinets containing extendable file storage elements, having a width of 25 inches or less and having a height that is greater than its width (“vertical metal file cabinets”). The subject vertical metal file cabinets have bodies made of carbon and/or alloy steel and or other metals, regardless of whether painted, powder coated, galvanized or otherwise coated for corrosion protection or aesthetic appearance.

The subject vertical metal file cabinets must have two to five extendable elements for file storage (e.g., file drawers) of a height that permits hanging files of either letter (8.5” x 11”) or legal (8.5” x 14”) sized documents.

An “extendable element” is defined as a movable load-bearing storage component including, but not limited to, drawers and filing frames. Extendable elements typically have suspension systems, consisting of glide blocks or ball bearing glides, to facilitate opening and closing.

The subject vertical metal file cabinets typically come in models with two, three, four, or five-file drawers. The inclusion of an additional non-file-sized extendable storage element, not sized for storage files (e.g., a box or pencil drawer), does not remove an otherwise in-scope product from the scope. The inclusion of an integrated storage area that is 6” or less in height that is not extendable, (i.e., a cubby), also does not remove a subject vertical metal file cabinet from the scope. Accessories packaged with a subject vertical file cabinet, such as separate printer stands or shelf kits that sit on top of the in-scope vertical file cabinet are not considered integrated storage.

“Freestanding” means the unit has a solid top rather than an open top and is not designed to be attached to, be hung from or to support a desktop or other work surface. The ability to anchor a vertical file cabinet to a wall for stability or to prevent it from tipping over does not exclude the unit from the scope.

Subject vertical file cabinets may have different handle styles including plastic, metal, recessed or otherwise integrated handles. The addition of mobility elements such as casters or wheels, a dolly or other mobility elements does not remove the product from the scope. Packaging a subject vertical metal file cabinet with other accessories, including, but not limited to, locks, leveling glides, caster kits, drawer accessories (e.g., including but not limited to follower wires, follower blocks, file compressors, hanger rails, pencil trays, and hanging file folders), printer stand, shelf kit and magnetic hooks, also does not remove the product from the scope.

Excluded from the scope are vertical file cabinets with bodies made of plastic, wood, or other non-metallic substances.

Also excluded from the scope are lateral file cabinets. Lateral file cabinets typically have a body that is more than 25 inches wide and have a width that is greater than the body depth.

Also excluded from the scope are pedestal file cabinets. Pedestal file cabinets are metal file cabinets with body depths that are greater than or equal to their width, are under 31” in height, and have the following characteristics: (1) an open top or the means for the cabinet to be attached to or hung from a desktop or other work surface (i.e., not freestanding); or (2) freestanding file cabinets that have: (a) at least a 90 percent drawer extension for all extendable storage elements; (b) a central locking system; (c) a minimum weight density of 9.5 lbs/cubic foot; and (d) casters or leveling glides. A “central locking system” locks all drawers in a unit.

Also excluded from the scope are fire proof or fire resistant file cabinets that meet Underwriters Laboratories (“UL”) fire protection standard 72, class 350, which covers the test procedures applicable to fire-resistant equipment intended to protect paper records.

III.  HTS Classifications:

The merchandise subject to the investigation is classified under Harmonized Tariff Schedules of the United States (“HTSUS”) in subheading 9403.10.0020. While HTSUS subheadings are provided for convenience and Customs purposes, the written description of the scope of the investigation is dispositive.

IV.  Date of Filing: April 30, 2019

V.  Petitioners: Hirsh Industries LLC

VI.  Foreign Producers/Exporters:

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

VII.  US Importers:

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

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

PRC: 120.48-196.79%;

IX.  Comments:

A.  Projected date of ITC Preliminary Conference: May 20, 2019.

B.  The earliest theoretical date for retroactive suspension of liquidation for the AD is July 9, 2019; CVD is May 20, 2019.

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.

Type of Action
HTS Classifications
Date of Filing
Foreign Producers and Exporters
US Named Importers
Alleged Dumping Margins
Additional Notes
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