Certain Kitchen Appliance Shelving and Racks From the People's Republic of China: Countervailing Duty Order, 46973-46975 [E9-22020]
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46973
Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Notices
equal to the estimated weighted–average
antidumping duty margins as listed
below. See section 735(c)(3) of the Act.
The ‘‘PRC–wide’’ rate applies to all
exporters of subject merchandise not
Exporter
Producer
Guangdong Wireking Housewares & Hardware Co., Ltd. (a/k/a Foshan
Shunde Wireking Housewares & Hardware Co., Ltd.) ....................................
New King Shan (Zhu Hai) Co., Ltd. ....................................................................
Marmon Retail Services Asia ..............................................................................
Hangzhou Dunli Import & Export Co., Ltd. ..........................................................
Jiangsu Weixi Group Co. .....................................................................................
PRC–wide Entity (including Asber Enterprise Co., Ltd. (China)) ........................
This notice constitutes the
antidumping duty order with respect to
certain kitchen appliance shelving and
racks from the PRC pursuant to section
736(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 antidumping duty orders
currently in effect.
This order is published in accordance
with section 736(a) of the Act and 19
CFR 351.211.
Dated: September 8, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E9–22023 Filed 9–9–09; 4:15 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
cprice-sewell on DSK2BSOYB1PROD with NOTICES
Application(s) for Duty–Free Entry of
Scientific Instruments
Pursuant to Section 6(c) of the
Educational, Scientific and Cultural
Materials Importation Act of 1966 (Pub.
L. 89–651, as amended by Pub. L. 106–
36; 80 Stat. 897; 15 CFR part 301), we
invite comments on the question of
whether instruments of equivalent
scientific value, for the purposes for
which the instruments shown below are
intended to be used, are being
manufactured in the United States.
Comments must comply with 15 CFR
301.5(a)(3) and (4) of the regulations and
be postmarked on or before October 5,
2009. Address written comments to
Statutory Import Programs Staff, Room
3720, U.S. Department of Commerce,
Washington, DC 20230. Applications
may be examined between 8:30 A.M.
and 5:00 P.M. at the U.S. Department of
Commerce in Room 3720.
Docket Number: 09–048. Applicant:
North Dakota State University, 1301
12th Ave. North, Fargo, ND 58102.
Instrument: Electron Microscope.
VerDate Nov<24>2008
15:23 Sep 11, 2009
Jkt 217001
specifically listed. The weighted–
average dumping margins are as follows:
Guangdong Wireking Housewares &
Hardware Co., Ltd.
New King Shan (Zhu Hai) Co., Ltd.
Leader Metal Industry Co., Ltd. (a/k/a
Marmon Retail Services Asia)
Hangzhou Dunli Industry Co., Ltd.
Jiangsu Weixi Group Co.
......................................................................
Manufacturer: FEI Company, Czech
Republic. Intended Use: The instrument
will be used to inspect semiconductor
devices and micro sensors; study
nanoparticles, nanotubes, polymers and
composites; and to create micro to
nanoscale channels for fluidics research.
Justification for Duty–Free Entry: No
instruments of same general category are
manufactured in the United States.
Application accepted by Commissioner
of Customs: August 18, 2009.
Docket Number: 09–049. Applicant:
Washington State University, 220
French Administration Building, P.O.
Box 641020, Pullman, WA 99164.
Instrument: Electron Microscope.
Manufacturer: FEI Company, Czech
Republic. Intended Use: The instrument
will be used to inspect semiconductor
devices and micro sensors; study
nanoparticles, nanotubes, polymers and
composites; and to create micro to
nanoscale channels for fluidics research.
Justification for Duty–Free Entry: No
instruments of same general category are
manufactured in the United States.
Application accepted by Commissioner
of Customs: August 18, 2009.
Docket Number: 09–050. Applicant:
Stanford University, 450 Serra Mall,
Stanford, CA 94305. Instrument:
Electron Microscope. Manufacturer: FEI
Company, the Netherlands. Intended
Use: The instrument will be used for
‘‘spectrum imaging’’ of elemental
distributions at the sub–nano level, to
gather three–dimensional structural
information of nano–sized crystals as
well as to measure electrostatic and
magnetic fields in a variety of samples.
Justification for Duty–Free Entry: No
instruments of same general category are
manufactured in the United States.
Application accepted by Commissioner
of Customs: August 18, 2009.
Dated: September 8, 2009.
Christopher Cassel,
Director, IA Subsidies Enforcement Office.
[FR Doc. E9–22049 Filed 9–11–09; 8:45 am]
BILLING CODE 3510–DS–S
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WA Margin
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43.09
43.09
43.09
95.99
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
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46974
Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Notices
cprice-sewell on DSK2BSOYB1PROD with NOTICES
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
VerDate Nov<24>2008
15:23 Sep 11, 2009
Jkt 217001
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
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’’).
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
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.
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 threatbased.
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
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46975
Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Notices
was published in the Federal Register,2
section 706(b)(2) of the Act is
applicable.
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.
Net subsidy
rate
Exporter/manufacturer
Guangdong Wire King Co., Ltd. (formerly known as Foshan Shunde Wireking Housewares & Hardware) ...................................
Asber Enterprises Co., Ltd. (China) ..................................................................................................................................................
Changzhou Yixiong Metal Products Co., Ltd. ...................................................................................................................................
Foshan Winleader Metal Products Co., Ltd. .....................................................................................................................................
Kingsun Enterprises Group Co, Ltd. .................................................................................................................................................
Yuyao Hanjun Metal Work Co./Yuyao Hanjun Metal Products Co., Ltd. ..........................................................................................
Zhongshan Iwatani Co., Ltd. .............................................................................................................................................................
All-Others ...........................................................................................................................................................................................
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]
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
RIN 0648–XR51
Marine Mammals; File Nos. 774–1847
and 1032–1917
cprice-sewell on DSK2BSOYB1PROD with NOTICES
Foreign–Trade Zones 29 and 203,
Applications for Subzone Authority,
Dow Corning Corporation and REC
Silicon, Extension of Comment Period
The comment period for the
applications for subzone status at the
Dow Corning Corporation (Dow
Corning) facilities in Carrollton,
Elizabethtown and Shepherdsville,
Kentucky (74 FR 21621–21622, 5/8/09)
and at the REC Silicon facility in Moses
Lake, Washington (74 FR 25488–25489,
5/28/09) is being extended to September
30, 2009 to allow interested parties
additional time in which to comment.
Rebuttal comments may be submitted
during the subsequent 15-day period,
until October 15, 2009. Submissions
(original and one electronic copy) shall
Jkt 217001
703(d) states that the suspension of liquidation
pursuant to a preliminary determination may not
remain in effect for more than four months.
National Oceanic and Atmospheric
Administration
(Docket 20–2009 and 22–2009)
18:02 Sep 11, 2009
SUMMARY: Notice is hereby given that
NMFS Southwest Fisheries Science
Center, Antarctic Marine Living
Resources Program (Michael Goebel,
PhD, Principal Investigator), 3333 N
Torrey Pines Ct, La Jolla CA, 92037 and
Robert A. Garrott, Ph.D, Ecology
Department, Montana State University,
310 Lewis Hall, Bozeman, MT, 59717
have been issued amendments to
scientific research permits 774–1847–03
and 1032–1917, respectively.
ADDRESSES: The amendment and related
documents are available for review
On July 1,
2009 and June 16, 2009, notice was
published in the Federal Register (74
FR 31413 and 74 FR 29179) that an
amendment to Permit No. 774–1847–03
and an amendment to Permit No. 1032–
1917 had been requested by the abovenamed individuals. The requested
amendments have been granted under
the authority of the Marine Mammal
Protection Act of 1972, as amended (16
U.S.C. 1361 et seq.), and the regulations
governing the taking and importing of
marine mammals (50 CFR part 216).
The amendment to Permit No. 774–
1847–03 authorizes a Weddell seal
(Leptonychotes weddellii) study to
understand movements, site fidelity,
and demographics of this species in
Antarctica. Up to 60 Weddell seals will
be taken annually. Seals will be
instrumented and sampled (blood,
vibrissae, muscle/blubber, milk, and
tissue). Up to 4 research-related
mortalities of Weddell seals (2 adults
and 2 juveniles) are authorized
annually. The holder is also authorized
to deploy microprocessors attached to
flipper tags on Antarctic fur seals
(Arctophalus gazella), increase the
number of tissue samples collected from
DEPARTMENT OF COMMERCE
Foreign–Trade Zones Board
VerDate Nov<24>2008
upon written request or by appointment
in the following office(s):
Permits, Conservation and Education
Division, Office of Protected Resources,
NMFS, 1315 East-West Highway, Room
13705, Silver Spring, MD 20910; phone
(301)713–2289; fax (301)713–0376; and
Southwest Region, NMFS, 501 West
Ocean Blvd., Suite 4200, Long Beach,
CA 90802–4213; phone (562)980–4001;
fax (562)980–4018.
FOR FURTHER INFORMATION CONTACT: Kate
Swails or Tammy Adams, (301)713–
2289.
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF COMMERCE
Shelving and Racks Preliminary Results.
Dated: September 4, 2009.
Andrew McGilvray,
Executive Secretary.
[FR Doc. E9–22045 Filed 9–11–09; 8:45 am]
BILLING CODE 3510–DS–S
BILLING CODE 3510–DS–P
2 See
be addressed to the Board’s Executive
Secretary at: Foreign–Trade Zones
Board, U.S. Department of Commerce,
Room 2111, 1401 Constitution Ave. NW,
Washington, DC 20230.
For further information, contact
Elizabeth Whiteman at
ElizabethlWhiteman@ita.doc.gov or
(202) 482–0473.
13.30
170.82
149.91
149.91
149.91
149.91
149.91
13.30
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of permit
amendments.
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]]>Agencies
[Federal Register Volume 74, Number 176 (Monday, September 14, 2009)]
[Notices]
[Pages 46973-46975]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-22020]
-----------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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'').
---------------------------------------------------------------------------
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.
------------------------------------------------------------------------
Net subsidy
Exporter/manufacturer rate
------------------------------------------------------------------------
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
