[Federal Register Volume 76, Number 72 (Thursday, April 14, 2011)]
[Notices]
[Pages 20950-20951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9114]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-941]
Certain Kitchen Appliance Shelving and Racks From the People's
Republic of China: Extension of Time Limits for the Preliminary Results
of the First Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: April 14, 2011.
FOR FURTHER INFORMATION CONTACT: Katie Marksberry or Kabir Archuletta,
AD/CVD Operations, Office 9, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington DC 20230; telephone: (202) 482-
7906 or (202) 482-2593, respectively.
Background
On October 28, 2010, the Department of Commerce (``Department'')
initiated an administrative review of certain kitchen appliance
shelving and racks from the People's Republic of China (``PRC'') for
the period March 5, 2009, through August 31, 2010. See Initiation of
Antidumping and Countervailing Duty Administrative Reviews, 75 FR 66349
(October 28, 2010) (``First Initiation'').\1\
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\1\ Nashville Wire Products Inc. and SSW Holding Company, Inc.
(collectively, ``Petitioners'') initially requested that the
Department initiate an administrative review of ten companies;
however, we required additional information concerning why, pursuant
to 19 CFR 351.213(b)(1), Petitioners desired a review of five of
these companies. See First Initiation, 75 FR at 66352. Accordingly,
the Department postponed initiation of this administrative review
with respect to five companies requested by Petitioners. See id. and
Initiation of Antidumping and Countervailing Duty Administrative
Reviews; Correction, 75 FR 69054 (November 10, 2010). After
reviewing additional information placed on the record of this
administrative review by Petitioners, we determined that, for three
of the five postponed companies, Petitioners did not provide any
reason, other than alleged transshipment, for initiation; therefore,
we declined to initiate a review for Asia Pacific CIS (Thailand)
Co., Ltd., Taiwan Rail Company, and King Shan Wire Co., Ltd. See
Initiation of Antidumping and Countervailing Duty Administrative
Reviews, 75 FR 73036, 73039 (November 29, 2010). However, we did, at
this point, also determine that it was appropriate to initiate this
review with respect to two additional companies originally requested
by Petitioners: Asia Pacific CIS (Wuxi) Co., Ltd.; and Hengtong
Hardware Manufacturing (Huizhou) Co., Ltd. See id.
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On January 20, 2011, the Department selected two mandatory
respondents in the above referenced administrative review pursuant to
section 777A(c)(2)(B) of the Tariff Act of 1930, as amended (``the
Act''): Guangdong Wireking Housewares & Hardware Co., Ltd.
(``Wireking'') and Jiangsu Weixi Group Co. (``Weixi'').\2\
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\2\ See Memorandum to James C. Doyle, Office Director, Office 9,
through Catherine Bertrand, Program Manager, Office 9, from Kabir
Archuletta, International Trade Analyst, Office 9, ``Selection of
Respondents for the Antidumping Review of Certain Kitchen Appliance
Shelving and Racks from the People's Republic of China,'' dated
January 20, 2011.
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The Department sent its antidumping duty questionnaire to Weixi and
Wireking on January 20, 2011.\3\ In its questionnaire, the Department
requested that the two firms provide a response to
[[Page 20951]]
Section A of the Department's questionnaire by February 10, 2011, and
Sections C and D of the questionnaire by February 28, 2011.
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\3\ See Letters to Weixi and Wireking from Catherine Bertrand,
Program Manager, AD/CVD Operations, Office 9, regarding ``Kitchen
Appliance Shelving and Racks from the People's Republic of China,''
dated January 20, 2011.
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On February 2, 2011, eight days prior to the Department's February
10, 2011, deadline for Section A questionnaire responses, the
Department received a request on behalf of New King Shan (Zhuhai) Co.,
Ltd. (``NKS''), a mandatory respondent in the original investigation
and a separate rate company in this review, to be selected as a
replacement mandatory respondent in the event of a non-responsive
mandatory respondent and for a 28-day extension to submit questionnaire
responses.\4\ On February 4, 2011, Wireking filed a request for an
extension of the deadline to submit its Section A response, which the
Department extended to February 22, 2011, for Wireking and any
potential voluntary respondents.\5\ The Department did not receive an
extension request from Weixi and did not receive its Section A response
by the appointed deadline.
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\4\ See Letter from NKS regarding ``Request for Extension of
Time to File Voluntary Response and Request for Clarification of
Reporting of Sales,'' dated February 2, 2011.
\5\ See Memorandum to the File from Kabir Archuletta,
International Trade Analyst, Office 9, regarding ``Guangdong
Wireking Housewares & Hardware Co., Ltd. Section A Questionnaire
Extension Request,'' dated February 10, 2011.
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On February 23, 2011, the Department received an unsolicited
Section A questionnaire response from NKS.\6\ On March 1, 2011, because
Weixi did not cooperate with our request for information, the
Department selected NKS, the third largest exporter by volume, as a
replacement mandatory respondent.\7\ We also determined that it was
appropriate to use the Section A response already submitted by NKS as
the basis for that company's response as a mandatory respondent.\8\ On
March 1, 2011, the Department sent its antidumping questionnaire to NKS
and assigned a deadline of March 22, 2011, for its Sections C and D
responses.\9\ The preliminary results of this review are currently due
on June 2, 2011.
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\6\ See ``Voluntary Response to Section A by New King Shan
(Zhuhai) Co., Ltd.,'' dated February 23, 2011.
\7\ See Memorandum to James C. Doyle, Office Director, Office 9,
through Catherine Bertrand, Program Manager, Office 9, from Kabir
Archuletta, International Trade Analyst, Office 9, ``Antidumping
Review of Certain Kitchen Appliance Shelving and Racks from the
People's Republic of China: Selection of an Additional Mandatory
Respondent,'' dated March 1, 2011.
\8\ See id.
\9\ See Letter to NKS from Catherine Bertrand, Program Manager,
Office 9, ``Kitchen Appliance Shelving and Racks from the People's
Republic of China,'' dated March 1, 2011.
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Statutory Time Limits
Section 751(a)(3)(A) of the Act requires the Department to issue
the preliminary results of an administrative review within 245 days
after the last day of the anniversary month of an order for which a
review is requested. Consistent with section 751(a)(3)(A) of the Act,
the Department may extend the 245-day period to 365 days if it is not
practicable to complete the review within a 245-day period.
Extension of Time Limit of Preliminary Results
The preliminary results are currently due on June 2, 2011. The non-
responsiveness of one of the initial mandatory respondents, Weixi, and
the selection of an additional mandatory respondent, NKS, restricted
the time that the Department has available to gather and analyze
additional information related to the sales process, affiliations,
establishing the proper date of sale, surrogate values for all factors
of production, and the methodology used to report factors of
production. As the Department has yet to receive all responses to its
supplemental questionnaires, we require more time to analyze the
responses and issue any additional supplemental questionnaires, as
needed. Therefore, we find that it is not practicable to complete these
preliminary results within the current 245 day deadline.
Therefore, in accordance with section 751(a)(3)(A) of the Act, the
Department is extending the time limit for issuing the preliminary
results by 120 days until September 30, 2011. The final results
continue to be due 120 days after the publication of the preliminary
results.
This notice is published pursuant to section 777(i)(1) of the Act
and 19 CFR 351.213(h)(2).
Dated: April 7, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2011-9114 Filed 4-13-11; 8:45 am]
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