AD/CV: China Wire Decking

The ITA has also initiated a countervailing duty investigation to determine whether manufacturers, producers, or exporters of wire decking in China receive countervailable subsidies.

CV/AD Duty Q&V Questionnaires Due by July 10th/July 16th

The ITA notes that in the CV investigation, to determine the total and relative volume and value of import data for each potential respondent, it normally relies on U.S. Customs and Border Protection import data for the investigation period. However, in this case, the Harmonized Tariff Schedule (HTS) categories that include subject merchandise are very broad, and include products other than those subject to this investigation.

Therefore, because of the unique circumstances of the CV duty investigation, the ITA will issue quantity and value (Q&V) questionnaires to potential respondents for the purposes of respondent selection. The Q&V questionnaire in the CV duty investigation is due by July 10, 2009, and is available at http://ia.ita.doc.gov/download/nme-sep-rates/prc-wd/prc-wd-cvd-qvq-063009.pdf.

For the AD duty investigation, the ITA will request Q&V information from all known exporters and producers identified, with complete contact information, in the AD petition. The Q&V data received will be used as the basis to select the mandatory respondents. The Q&V questionnaire in the AD duty investigation is due by July 16, 2009, and is available in Appendix II of the Federal Register notice.

AD Separate Rate Applications Due by August 31st

The ITA also requires exporters and producers seeking separate rate status in the AD duty investigation to submit a separate rate application no later than August 31, 2009. The separate rate application will be available at http://ia.ita.doc.gov/ia-highlights-and-news.html.

The ITA requires that the respondents in the AD duty investigation submit a response to both the Q&V questionnaire and the separate rate application by the respective deadlines in order to receive consideration for separate rate status.

The ITA will also calculate combination rates for certain respondents that are eligible for a separate rate in the AD duty investigation.

Comments on Targeted Dumping Due September 28th

Any interested party that wishes to make a targeted dumping allegation in the AD investigation may submit allegations by September 28, 2009 (i.e., no later than 45 days before the scheduled date of the ITA's preliminary determination).

(Note that in December 2008, the ITA issued an interim final rule for the purposes of withdrawing the regulations governing targeted dumping analysis in AD duty investigations. See ITT's Online Archives or 12/15/08 and 01/15/09 news, 08121525 and 09011535, for BP summaries of the interim final rule and extension of the comment period.)

Comments on Product Characteristics for AD Questionnaires Due by July 15th

The ITA is also requesting comments from interested parties regarding the appropriate physical characteristics of wire decking to be reported in response to the AD questionnaires.

This information will be used to identify the key physical characteristics of the subject merchandise in order to more accurately report the relevant factors and costs of production, as well as to develop appropriate product comparison criteria.

Comments on product characteristics to be reported in response to the AD questionnaire must be submitted by July 15, 2009. (Rebuttal comments are due by July 22, 2009.)

Comments on Scope of AD/CV Investigations Due by July 15th

Comments on the scope of both the AD and CV duty investigations are due by July 15, 2009.

Scope of the AD/CV Investigations

The scope of these investigations covers welded-wire rack decking, which is also known as, among other things, "pallet rack decking," "wire rack decking," "wire mesh decking," "bulk storage shelving," or "welded-wire decking." Wire decking consists of wire mesh that is reinforced with structural supports and designed to be load bearing. The structural supports include sheet metal support channels, or other structural supports, that reinforce the wire mesh and that are welded or otherwise affixed to the wire mesh, regardless of whether the wire mesh and supports are assembled or unassembled and whether shipped as a kit or packaged separately. Wire decking is produced from carbon or alloy steel wire that has been welded into a mesh pattern.

The wire may be galvanized or plated (e.g., chrome, zinc or nickel coated), coated (e.g., with paint, epoxy, or plastic), or uncoated ("raw"). The wire may be drawn or rolled and may have a round, square or other profile. Wire decking is sold in a variety of wire gauges. The wire diameters used in the decking mesh are 0.105 inches or greater for round wire. For wire other than round wire, the distance between any two points on a cross-section of the wire is 0.105 inches or greater. Wire decking reinforced with structural supports is designed generally for industrial and other commercial storage rack systems.

Wire decking is produced to various profiles, including, but not limited to, a flat ("flush") profile, an upward curved back edge profile ("backstop") or downward curved edge profile ("waterfalls"), depending on the rack storage system. The wire decking may or may not be anchored to the rack storage system.

Exclusions to the scope. The scope does not cover the metal rack storage system, comprised of metal uprights and cross beams, on which the wire decking is ultimately installed. Also excluded from the scope is wire mesh shelving that is not reinforced with structural supports and is designed for use without structural supports.

HTS classification. Wire decking enters the U.S. through several basket categories in the Harmonized Tariff Schedule. U.S. Customs and Border Protection has issued a ruling (NY F84777) that wire decking is to be classified under HTSUS 9403.90.8040. Wire decking has also been entered under HTS 7217.10, 7217.20, 7326.20, 7326.90, 9403.20.0020 and 9403.20.0030.

The ITA notes that while HTS subheadings are provided for convenience and Customs purposes, the written description of the scope of the investigations is dispositive.

- ITA's preliminary AD duty determination due by 11/12/09

-ITA's preliminary CV duty determination due by 08/31/09

-International Trade Commission's prelim AD/CV injury determinations due 07/20/09

ITA AD notice (FR Pub 07/02/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-15702.pdf

ITA CV notice (FR Pub 07/02/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-15705.pdf

ITA fact sheet available at http://ia.ita.doc.gov/download/factsheets/factsheet-prc-wd-init-062609.pdf