[Federal Register Volume 74, Number 176 (Monday, September 14, 2009)]
[Notices]
[Pages 46973-46975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22020]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-942]
Certain Kitchen Appliance Shelving and Racks From the People's
Republic of China: Countervailing Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On September 2, 2009, the U.S. International Trade Commission
(``ITC'') notified the Department of Commerce (``Department'') of its
affirmative determinations of material injury to the U.S. refrigeration
shelving industry and threat of material injury to the U.S. oven racks
industry. See Certain Kitchen Appliance Shelving and Racks from China,
USITC Pub. 4098, Investigation 701-TA-458 and 731-TA-1154 (Final)
(August 2009). Based on affirmative final determinations by the
Department and the ITC, the Department is issuing this countervailing
duty order on certain kitchen appliance shelving and racks from the
People's Republic of China (``PRC'').
DATES: Effective Date: September 14, 2009.
FOR FURTHER INFORMATION CONTACT: Yasmin Nair or Scott Holland, AD/CVD
Operations, Office 1, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
3813 and (202) 482-1279, respectively.
Background
On July 27, 2009, the Department published its final determination
in the countervailing duty investigation of certain kitchen appliance
shelving and racks from the PRC. See Certain Kitchen Shelving and Racks
from the People's Republic of China: Final Affirmative
[[Page 46974]]
Countervailing Duty Determination, 74 FR 37012 (July 27, 2009).
On August 18, 2009, the ITC found in its final vote that there are
two separate like products, refrigeration shelving and oven racks, and
thus two separate domestic industries. The ITC further found that the
U.S. industry producing refrigeration shelving is materially injured or
threatened with material injury by imports of kitchen appliance
shelving and racks from the PRC. For oven racks, the ITC found a threat
of material injury. On September 2, 2009, the ITC notified the
Department of its final determination pursuant to section
705(b)(1)(A)(i) of the Tariff Act of 1930, as amended (``the Act'').
See Certain Kitchen Appliance Shelving and Racks from China, USITC Pub.
4098, Investigation 701-TA-458 and 731-TA-1154 (Final) (August 2009).
Scope of the Order
The scope of this order consists of shelving and racks for
refrigerators, freezers, combined refrigerator-freezers, other
refrigerating or freezing equipment, cooking stoves, ranges, and ovens
(``certain kitchen appliance shelving and racks'' or ``the subject
merchandise''). Certain kitchen appliance shelving and racks are
defined as shelving, baskets, racks (with or without extension slides,
which are carbon or stainless steel hardware devices that are connected
to shelving, baskets, or racks to enable sliding), side racks (which
are welded wire support structures for oven racks that attach to the
interior walls of an oven cavity that does not include support ribs as
a design feature), and subframes (which are welded wire support
structures that interface with formed support ribs inside an oven
cavity to support oven rack assemblies utilizing extension slides) with
the following dimensions:
Shelving and racks with dimensions ranging from 3 inches
by 5 inches by 0.10 inch to 28 inches by 34 inches by 6 inches; or
Baskets with dimensions ranging from 2 inches by 4 inches
by 3 inches to 28 inches by 34 inches by 16 inches; or
Side racks from 6 inches by 8 inches by 0.10 inch to 16
inches by 30 inches by 4 inches; or
Subframes from 6 inches by 10 inches by 0.10 inch to 28
inches by 34 inches by 6 inches.
The subject merchandise is comprised of carbon or stainless steel
wire ranging in thickness from 0.050 inch to 0.500 inch and may include
sheet metal of either carbon or stainless steel ranging in thickness
from 0.020 inch to 0.20 inch. The subject merchandise may be coated or
uncoated and may be formed and/or welded. Excluded from the scope of
this order is shelving in which the support surface is glass.
The merchandise subject to this order is currently classifiable in
the Harmonized Tariff Schedule of the United States (``HTSUS'')
statistical reporting numbers 8418.99.80.50, 7321.90.50.00,
7321.90.60.90, 8418.99.80.60, and 8516.90.80.00. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the scope of this order is dispositive.
Countervailing Duty Order
On September 2, 2009, in accordance with section 735(d) of the Act,
the ITC notified the Department of its final determination in this
investigation. In its determination, the ITC found two domestic like
products: (1) Refrigeration shelving; and (2) oven racks, covering the
scope of subject merchandise subject to the investigation. The ITC
determined that imports of refrigeration shelving from the PRC caused
material injury to a domestic industry, and oven racks from the PRC
threaten material injury to a domestic industry. Since the ITC made
different affirmative injury determinations for both domestic like
products, the Department must instruct U.S. Customs and Border
protection to assess countervailing duties on entries of oven racks
separately from refrigerator shelves. When we make a determination,
either for one or more than one class or kind of merchandise, our
determination that there is dumping or subsidization is specific to
each class or kind of merchandise. In this case, we calculated final
determination countervailing duty margins for a single class or kind of
merchandise.
Refrigeration Shelving
Countervailing duties will be assessed on all unliquidated entries
of certain refrigeration shelving from the PRC entered, or withdrawn
from warehouse, for consumption on or after January 7, 2009, the date
on which the Department published its preliminary affirmative
countervailing duty determination in the Federal Register,\1\ and
before May 7, 2009, the date the Department instructed CBP to
discontinue the suspension of liquidation in accordance with section
703(d) of the Act. Section 703(d) of the Act states that the suspension
of liquidation pursuant to a preliminary determination may not remain
in effect for more than four months. Therefore, entries of certain
refrigeration shelving made on or after May 7, 2009, and prior to the
date of publication of the ITC's final determination in the Federal
Register are not liable for the assessment of countervailing duties due
to the Department's discontinuation, effective May 7, 2009, of the
suspension of liquidation.
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\1\ See Certain Kitchen Appliance Shelving and Racks From the
People's Republic of China: Preliminary Affirmative Countervailing
Duty Determination and Alignment of Final Countervailing Duty
Determination With Final Antidumping Duty Determination, 74 FR 683
(January 7, 2009) (``Shelving and Racks Preliminary Results'').
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In accordance with section 706 of the Act, the Department will
direct CBP to reinstitute the suspension of liquidation for certain
refrigeration shelving from the PRC, effective the date of publication
of the ITC's notice of final determination in the Federal Register and
to assess, upon further advice by the Department pursuant to section
706(a)(1) of the Act, countervailing duties for each entry of certain
refrigeration shelving in an amount based on the net countervailable
subsidy rates for the subject merchandise as noted below.
Oven Racks
According to section 706(b)(2) of the Act, duties shall be assessed
on subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the ITC's notice of
final determination if that determination is based upon the threat of
material injury. Section 706(b)(1) of the Act states,
If the Commission, in its final determination under section
705(b), finds material injury or threat of material injury which,
but for the suspension of liquidation under section 703(d)(2), would
have led to a finding of material injury, then entries of the
merchandise subject to the countervailing duty order, the
liquidation of which has been suspended under section 703(d)(2),
shall be subject to the imposition of countervailing duties under
section 701(a).
In addition, section 706(b)(2) of the Act requires CBP to refund any
cash deposits or bonds of estimated countervailing duties posted since
the Department's preliminary countervailing duty determination, if the
ITC's final determination is threat-based.
Because the ITC's final determination in this case is based on the
threat of material injury to the oven racks industry and is not
accompanied by a finding that injury would have resulted but for the
imposition of suspension of liquidation of entries since the
Department's preliminary determination
[[Page 46975]]
was published in the Federal Register,\2\ section 706(b)(2) of the Act
is applicable.
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\2\ See Shelving and Racks Preliminary Results.
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Therefore, the Department will direct CBP to reinstitute suspension
of liquidation,\3\ and to assess, upon further instruction from the
Department, countervailing duties in an amount based on the net
countervailable subsidy rates for the subject merchandise as noted
below, on all unliquidated entries of certain oven racks from the PRC
entered, or withdrawn from warehouse, for consumption on or after the
date of publication of the ITC's notice of final determination in the
Federal Register.
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\3\ The Department instructed CBP to discontinue the suspension
of liquidation on May 7, 2009, in accordance with section 703(a) of
the Act. Section 703(d) states that the suspension of liquidation
pursuant to a preliminary determination may not remain in effect for
more than four months.
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Net subsidy
Exporter/manufacturer rate
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Guangdong Wire King Co., Ltd. (formerly known as Foshan 13.30
Shunde Wireking Housewares & Hardware)................
Asber Enterprises Co., Ltd. (China).................... 170.82
Changzhou Yixiong Metal Products Co., Ltd.............. 149.91
Foshan Winleader Metal Products Co., Ltd............... 149.91
Kingsun Enterprises Group Co, Ltd...................... 149.91
Yuyao Hanjun Metal Work Co./Yuyao Hanjun Metal Products 149.91
Co., Ltd..............................................
Zhongshan Iwatani Co., Ltd............................. 149.91
All-Others............................................. 13.30
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This notice constitutes the countervailing duty order with respect
to certain kitchen appliance shelving and racks from the PRC, pursuant
to section 706(a) of the Act. Interested parties may contact the
Department's Central Records Unit, Room 1117 of the main Commerce
Building, for copies of an updated list of countervailing duty orders
currently in effect.
This order is issued and published in accordance with section
706(a) of the Act and 19 CFR 351.211(b).
Dated: September 8, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-22020 Filed 9-9-09; 4:15 pm]
BILLING CODE 3510-DS-P