Certain Kitchen Appliance Shelving and Racks From the People's Republic of China: Countervailing Duty Administrative Review; 2010, 61396-61397 [2012-24850]

Download as PDF 61396 Federal Register / Vol. 77, No. 195 / Tuesday, October 9, 2012 / Notices same sales in accordance with 19 CFR 351.212(b)(1).7 We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importer-specific assessment rate calculated in the final results of this review is above de minimis. Where either the respondent’s weighted-average dumping margin is zero or de minimis, or an importerspecific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable. wreier-aviles on DSK5TPTVN1PROD with NOTICES Cash Deposit Requirements The following cash deposit requirements, when imposed, will apply to all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for Fengchi Imp. and Exp. Co., Ltd. of Haicheng City and Yingkou Bayuquan Refractories Co., Ltd. will be the rate established in the final results of this administrative review; (2) for any previously reviewed or investigated PRC or non-PRC exporter, not covered in this administrative review, with a separate rate, the cash deposit rate will be the companyspecific rate established in the most recent segment of this proceeding; (3) for all other PRC exporters, the cash deposit rate will continue to be the PRCwide rate (i.e., 236.00 percent); and (4) the cash-deposit rate for any non-PRC exporter of subject merchandise from the PRC will be the rate applicable to the PRC exporter that supplied that exporter. These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with 7 In these preliminary results, the Department applied the assessment rate calculation method adopted in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012). VerDate Mar<15>2010 15:28 Oct 05, 2012 Jkt 229001 this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. This administrative review and notice are in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213. Dated: October 1, 2012. Paul Piquado, Assistant Secretary for Import Administration. Appendix I List of Topics Discussed in the Preliminary Decision Memorandum 1. Background 2. Scope of Merchandise 3. Non-Market Economy Country Status 4. Separate Rates 5. PRC-Wide Entity 6. Fengchi 7. Use of Facts Available and Adverse Facts Available (AFA) 8. Application of Total AFA to Fengchi 9. Application of Total AFA to the PRC-Wide Entity 10. Selection of AFA Rate 11. Corroboration of Secondary Information 12. Export Subsidy Adjustment [FR Doc. 2012–24811 Filed 10–5–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–942] Certain Kitchen Appliance Shelving and Racks From the People’s Republic of China: Countervailing Duty Administrative Review; 2010 Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘the Department’’) is conducting an administrative review of the countervailing duty order on certain kitchen appliance shelving and racks (‘‘kitchen racks’’) from the People’s Republic of China (‘‘PRC’’). The period of review (‘‘POR’’) is January 1, 2010, through December 31, 2010. We preliminarily determine that New King Shan (Zhu Hai) Co., Ltd. (‘‘NKS’’) received countervailable subsidies during the POR. We are also rescinding this review for six other producers/ exporters. DATE: Effective Date: October 9, 2012. FOR FURTHER INFORMATION CONTACT: Jennifer Meek or Mary Kolberg, Office of AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of AGENCY: PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–2778 and (202) 482–1785, respectively. Scope of the Order The scope of the order consists of shelving and racks for refrigerators, freezers, combined refrigerator-freezers, other refrigerating or freezing equipment, cooking stoves, ranges, and ovens. The merchandise subject to the order is currently classifiable under the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) numbers 8418.99.80.50, 7321.90.50.00, 7321.90.60.40, 7321.90.60.90, 8418.99.80.60, 8419.90.95.20, 8516.90.80.00, and 8516.90.80.10. Although the HTSUS subheadings are provided for convenience and customs purposes, the written product description, available in Countervailing Duty Order: Certain Kitchen Appliance Shelving and Racks From the People’s Republic of China, 74 FR 46973 (September 14, 2009) (‘‘CVD Order’’), remains dispositive. Partial Rescission of the Administrative Review Pursuant to 19 CFR 351.213(d)(1), we are rescinding this administrative review with respect to the following parties because the review requests were timely withdrawn: Asia Pacific CIS (Wuxi) Co., Ltd.; Guangdong Wireking Co., Ltd. (formerly known as Foshun Shunde Wireking Housewares & Hardware); Hangzhou Dunli Import & Export Co., Ltd. and Hangzhou Dunli Industry Co., Ltd.; Hengtong Hardware Manufacturing (Huizhou) Co., Ltd.; Jiangsu Weixi Group Co.; and Leader Metal Industry Co., Ltd. (aka Marmon Retail Services Asia). Methodology The Department has conducted this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’). For each of the subsidy programs found countervailable, we preliminarily determine that there is a subsidy, i.e., a government-provided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific. See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. In making these findings, we have relied, in part, on facts available and, because one or more respondents did not act to the best of their ability to respond to the Department’s requests for information, we have drawn an adverse E:\FR\FM\09OCN1.SGM 09OCN1 Federal Register / Vol. 77, No. 195 / Tuesday, October 9, 2012 / Notices inference in selecting from among the facts otherwise available. See sections 776(a) and (b) of the Act. For a full description of the methodology underlying our conclusions, please see ‘‘Decision Memorandum for Preliminary Results for the Countervailing Duty Administrative Review of Kitchen Appliance Shelving and Racks from the People’s Republic of China,’’ (‘‘Preliminary Decision Memorandum’’) from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations to Paul Piquado, Assistant Secretary for Import Administration, dated October 1, 2012, and hereby adopted by this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Import Administration’s Antidumping and Countervailing Duty Centralized Electronic Service System (‘‘IA ACCESS’’). IA ACCESS is available to registered users at http:// iaaccess.trade.gov and in the Central Records Unit, room 7046 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the internet at http://www.trade.gov/ia/. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. Preliminary Results of the Review As a result of this review, we preliminarily determine a net subsidy rate of 12.06 percent for New King Shan (Zhu Hai) Co. Ltd. for the period January 1, 2010, through December 31, 2010. wreier-aviles on DSK5TPTVN1PROD with NOTICES Disclosure and Public Comment The Department will disclose to parties to this proceeding the calculations performed in reaching the preliminary results within five days of the date of publication of these preliminary results.1 Interested parties may submit written comments (case briefs) within 30 days of publication of the preliminary results and rebuttal comments (rebuttal briefs) within five days after the time limit for filing case briefs.2 Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be limited to issues raised in the case briefs. Parties who submit arguments are requested to submit with the argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. 1 See 2 See 19 CFR 351.224(b). 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1). VerDate Mar<15>2010 15:28 Oct 05, 2012 Jkt 229001 Interested parties, who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Import Administration, U.S. Department of Commerce within 30 days after the date of publication of this notice.3 Requests should contain the party’s name, address, and telephone number, the number of participants, and a list of the issues to be discussed. If a request for a hearing is made, we will inform parties of the scheduled date for the hearing which will be held at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, at a time and location to be determined.4 Parties should confirm by telephone the date, time, and location of the hearing. Parties are reminded that briefs and hearing requests are to be filed electronically using IA ACCESS and that electronically filed documents must be received successfully in their entirety by 5 p.m. Eastern Time on the due date. Unless the deadline is extended pursuant to section 751(a)(3)(A) of the Act, the Department will issue the final results of this administrative review, including the results of our analysis of the issues raised by the parties in their comments, within 120 days after issuance of these preliminary results. Cash Deposit Instructions The Department also intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts shown above. For all nonreviewed firms, we will instruct CBP to continue to collect cash deposits of estimated countervailing duties at the most recent company-specific or allothers rate applicable to the company. These cash deposit requirements, when imposed, shall remain in effect until further notice. This administrative review and notice are in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213. Dated: October 1, 2012. Paul Piquado, Assistant Secretary for Import Administration. Appendix I List of Topics Discussed in the Preliminary Decision Memorandum 1. Background 2. Scope of the Order 3. Use of Facts Otherwise Available and Adverse Inferences 4. Subsidies Valuation Information 3 See 4 See PO 00000 19 CFR 351.310(c). 19 CFR 351.310. Frm 00020 Fmt 4703 Sfmt 4703 61397 5. Analysis of Programs [FR Doc. 2012–24850 Filed 10–5–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–955] Certain Magnesia Carbon Bricks From the People’s Republic of China: 2010 Countervailing Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In response to requests from interested parties, the Department of Commerce (the Department) is conducting an administrative review of the countervailing duty order on certain magnesia carbon bricks (MCBs) from the People’s Republic of China (PRC), covering the period of review (POR) of August 2, 2010, through December 31, 2010. The Department has preliminarily applied adverse facts available (AFA) to the two mandatory respondents who both failed to cooperate to the best of their ability in this proceeding. The Department also intends to rescind the review of seven companies that certified that they had no shipments of subject merchandise to the United States during the POR. DATES: Effective Date: October 9, 2012. FOR FURTHER INFORMATION CONTACT: Toni Page or Elfi Blum, AD/CVD Operations, Office 6, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–1398 or (202) 482–0197, respectively. AGENCY: Scope of the Order The merchandise subject to the order includes certain magnesia carbon bricks. Certain magnesia carbon bricks that are the subject of this order are currently classifiable under subheadings 6902.10.1000, 6902.10.5000, 6815.91.0000, 6815.99.2000 and 6815.99.4000 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS numbers are provided for convenience and customs purposes, the written product description, available in Certain Magnesia Carbon Bricks from the People’s Republic of China: Countervailing Duty Order, 75 FR 57442 (September 21, 2010), remains dispositive. E:\FR\FM\09OCN1.SGM 09OCN1

Agencies

[Federal Register Volume 77, Number 195 (Tuesday, October 9, 2012)]
[Notices]
[Pages 61396-61397]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24850]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-942]


Certain Kitchen Appliance Shelving and Racks From the People's 
Republic of China: Countervailing Duty Administrative Review; 2010

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (``the Department'') is conducting 
an administrative review of the countervailing duty order on certain 
kitchen appliance shelving and racks (``kitchen racks'') from the 
People's Republic of China (``PRC''). The period of review (``POR'') is 
January 1, 2010, through December 31, 2010. We preliminarily determine 
that New King Shan (Zhu Hai) Co., Ltd. (``NKS'') received 
countervailable subsidies during the POR. We are also rescinding this 
review for six other producers/exporters.

DATE: Effective Date: October 9, 2012.

FOR FURTHER INFORMATION CONTACT: Jennifer Meek or Mary Kolberg, Office 
of 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-
2778 and (202) 482-1785, respectively.

Scope of the Order

    The scope of the order consists of shelving and racks for 
refrigerators, freezers, combined refrigerator-freezers, other 
refrigerating or freezing equipment, cooking stoves, ranges, and ovens. 
The merchandise subject to the order is currently classifiable under 
the Harmonized Tariff Schedule of the United States (``HTSUS'') numbers 
8418.99.80.50, 7321.90.50.00, 7321.90.60.40, 7321.90.60.90, 
8418.99.80.60, 8419.90.95.20, 8516.90.80.00, and 8516.90.80.10. 
Although the HTSUS subheadings are provided for convenience and customs 
purposes, the written product description, available in Countervailing 
Duty Order: Certain Kitchen Appliance Shelving and Racks From the 
People's Republic of China, 74 FR 46973 (September 14, 2009) (``CVD 
Order''), remains dispositive.

Partial Rescission of the Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), we are rescinding this 
administrative review with respect to the following parties because the 
review requests were timely withdrawn: Asia Pacific CIS (Wuxi) Co., 
Ltd.; Guangdong Wireking Co., Ltd. (formerly known as Foshun Shunde 
Wireking Housewares & Hardware); Hangzhou Dunli Import & Export Co., 
Ltd. and Hangzhou Dunli Industry Co., Ltd.; Hengtong Hardware 
Manufacturing (Huizhou) Co., Ltd.; Jiangsu Weixi Group Co.; and Leader 
Metal Industry Co., Ltd. (aka Marmon Retail Services Asia).

Methodology

    The Department has conducted this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (``the Act''). For 
each of the subsidy programs found countervailable, we preliminarily 
determine that there is a subsidy, i.e., a government-provided 
financial contribution that gives rise to a benefit to the recipient, 
and that the subsidy is specific. See sections 771(5)(B) and (D) of the 
Act regarding financial contribution; section 771(5)(E) of the Act 
regarding benefit; and section 771(5A) of the Act regarding 
specificity.
    In making these findings, we have relied, in part, on facts 
available and, because one or more respondents did not act to the best 
of their ability to respond to the Department's requests for 
information, we have drawn an adverse

[[Page 61397]]

inference in selecting from among the facts otherwise available. See 
sections 776(a) and (b) of the Act.
    For a full description of the methodology underlying our 
conclusions, please see ``Decision Memorandum for Preliminary Results 
for the Countervailing Duty Administrative Review of Kitchen Appliance 
Shelving and Racks from the People's Republic of China,'' 
(``Preliminary Decision Memorandum'') from Christian Marsh, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty Operations 
to Paul Piquado, Assistant Secretary for Import Administration, dated 
October 1, 2012, and hereby adopted by this notice. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Import Administration's Antidumping and Countervailing Duty 
Centralized Electronic Service System (``IA ACCESS''). IA ACCESS is 
available to registered users at http://iaaccess.trade.gov and in the 
Central Records Unit, room 7046 of the main Department of Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum can be accessed directly on the internet at http://www.trade.gov/ia/. The signed Preliminary Decision Memorandum and the 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Preliminary Results of the Review

    As a result of this review, we preliminarily determine a net 
subsidy rate of 12.06 percent for New King Shan (Zhu Hai) Co. Ltd. for 
the period January 1, 2010, through December 31, 2010.

Disclosure and Public Comment

    The Department will disclose to parties to this proceeding the 
calculations performed in reaching the preliminary results within five 
days of the date of publication of these preliminary results.\1\ 
Interested parties may submit written comments (case briefs) within 30 
days of publication of the preliminary results and rebuttal comments 
(rebuttal briefs) within five days after the time limit for filing case 
briefs.\2\ Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be 
limited to issues raised in the case briefs. Parties who submit 
arguments are requested to submit with the argument: (1) A statement of 
the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.
---------------------------------------------------------------------------

    \1\ See 19 CFR 351.224(b).
    \2\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
---------------------------------------------------------------------------

    Interested parties, who wish to request a hearing, or to 
participate if one is requested, must submit a written request to the 
Assistant Secretary for Import Administration, U.S. Department of 
Commerce within 30 days after the date of publication of this 
notice.\3\ Requests should contain the party's name, address, and 
telephone number, the number of participants, and a list of the issues 
to be discussed. If a request for a hearing is made, we will inform 
parties of the scheduled date for the hearing which will be held at the 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230, at a time and location to be determined.\4\ 
Parties should confirm by telephone the date, time, and location of the 
hearing.
---------------------------------------------------------------------------

    \3\ See 19 CFR 351.310(c).
    \4\ See 19 CFR 351.310.
---------------------------------------------------------------------------

    Parties are reminded that briefs and hearing requests are to be 
filed electronically using IA ACCESS and that electronically filed 
documents must be received successfully in their entirety by 5 p.m. 
Eastern Time on the due date.
    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act, the Department will issue the final results of this 
administrative review, including the results of our analysis of the 
issues raised by the parties in their comments, within 120 days after 
issuance of these preliminary results.

Cash Deposit Instructions

    The Department also intends to instruct CBP to collect cash 
deposits of estimated countervailing duties in the amounts shown above. 
For all non-reviewed firms, we will instruct CBP to continue to collect 
cash deposits of estimated countervailing duties at the most recent 
company-specific or all-others rate applicable to the company. These 
cash deposit requirements, when imposed, shall remain in effect until 
further notice.
    This administrative review and notice are in accordance with 
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213.

    Dated: October 1, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

1. Background
2. Scope of the Order
3. Use of Facts Otherwise Available and Adverse Inferences
4. Subsidies Valuation Information
5. Analysis of Programs

[FR Doc. 2012-24850 Filed 10-5-12; 8:45 am]
BILLING CODE 3510-DS-P