Certain Kitchen Appliance Shelving and Racks From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2010, 21594-21595 [2013-08514]

Download as PDF 21594 Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Notices states that definitive duties are to begin on the date of publication of the ITC’s final injury determination. Therefore, in accordance with section 733(d) of the Act and our practice, we will instruct CBP to terminate the suspension of liquidation and to of publication of the ITC’s final injury determination in the Federal Register. liquidate, without regard to antidumping duties, unliquidated entries of drawn sinks from the PRC entered, or withdrawn from warehouse, for consumption after April 2, 2013, the date the provisional measures expired, and through the day preceding the date Amended Final Determination of Antidumping Investigation The weighted-average dumping margins are as follows: Percent margin Exporter Producer Zhongshan Superte Kitchenware Co., Ltd/Zhongshan Superte Kitchenware Co., Ltd invoiced as Foshan Zhaoshun Trade Co., Ltd. Guangdong Dongyuan Kitchenware Industrial Co., Ltd ................. B&R Industries Limited ................................................................... Zhongshan Superte Kitchenware Co., Ltd .................................... 39.87 Guangdong Dongyuan Kitchenware Industrial Co., Ltd ................ Xinhe Stainless Steel Products Co., Ltd and Jiamen XHHL Stainless Steel Manufacturing Co., Ltd. Elkay (China) Kitchen Solutions, Co., Ltd ..................................... Jiangmen Liantai Kitchen Equipment Co.; Jiangmen Xinhe Stainless Steel Product Co., Ltd. Foshan Shunde MingHao Kitchen Utensils Co., Ltd .................... Guangdong YingAo Kitchen Utensils Co., Ltd; Franke (China) Kitchen System Co., Ltd. Zhongshan Xintian Hardware Co., Ltd .......................................... Jiangmen Jin Ke Ying Stainless Steel Wares Co., Ltd ................. Guangdong Yingao Kitchen Utensils Co., Ltd .............................. Hangzhou Heng’s Industries Co., Ltd ........................................... Zhongshan Superte Kitchenware Co., Ltd .................................... Xinhe Stainless Steel Products Co., Ltd ....................................... Jiangmen New Star Hi-Tech Enterprise Ltd ................................. Jiangmen Ouert Kitchen Appliance Manufacturing Co., Ltd; Jiangmen XHHL Stainless Steel Manufacturing Co., Ltd. Jiangxi Offidun Industry Co. Ltd; Jiangxi Zoje Kitchen & Bath Industry Co., Ltd. Ningbo Oulin Kitchen Utensils Co., Ltd ......................................... Primy Cooperation Limited ............................................................ Bonke Kitchen & Sanitary Industrial Co., Ltd ................................ 27.14 33.51 33.51 33.51 33.51 Zhongshan Xintian Hardware Co., Ltd .......................................... Zhuhai Kohler Kitchen & Bathroom Products Co., Ltd ................. ........................................................................................................ 33.51 33.51 76.53 Elkay (China) Kitchen Solutions, Co., Ltd ...................................... Feidong Import and Export Co., Ltd ............................................... Foshan Shunde MingHao Kitchen Utensils Co., Ltd ...................... Franke Asia Sourcing Ltd ............................................................... Grand Hill Work Company .............................................................. Guangdong G-Top Import and Export Co., Ltd .............................. Guangdong Yingao Kitchen Utensils Co., Ltd ................................ Hangzhou Heng’s Industries Co., Ltd ............................................. J&C Industries Enterprise Limited .................................................. Jiangmen Hongmao Trading Co., Ltd ............................................. Jiangmen New Star Hi-Tech Enterprise Ltd ................................... Jiangmen Pioneer Import & Export Co., Ltd ................................... Jiangxi Zoje Kitchen & Bath Industry Co., Ltd ................................ Ningbo Oulin Kitchen Utensils Co., Ltd .......................................... Primy Cooperation Limited .............................................................. Shunde Foodstuffs Import & Export Company Limited of Guangdong. Zhongshan Newecan Enterprise Development Corporation .......... Zhuhai Kohler Kitchen & Bathroom Products Co., Ltd ................... PRC-Wide Rate * ............................................................................. 33.51 33.51 33.51 33.51 33.51 33.51 33.51 33.51 33.51 33.51 33.51 33.51 33.51 * This rate also applies to Jiangmen Liantai Kitchen Equipment Co., Jiangmen Xinhe Stainless Steel Product Co., Ltd, Kele Kitchenware Co., Ltd, Capstone International Development Corporation, FoShan Fancome Trading Co., Ltd, and Shenzen Kehuaxing Industrial Ltd. TKELLEY on DSK3SPTVN1PROD with NOTICES This notice constitutes the antidumping duty order with respect to drawn sinks from the PRC pursuant to section 736(a) of the Act. Interested parties may contact the Department’s Central Records Unit, Room 7043 of the main Commerce building, for copies of an updated list of antidumping duty orders currently in effect. This order and amended final determination are published in accordance with sections 736(a) and 735(e) of the Act and 19 CFR 351.211 and 351.224(e). Dated: April 8, 2013. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2013–08649 Filed 4–10–13; 8:45 am] BILLING CODE 3510–DS–P VerDate Mar<15>2010 17:37 Apr 10, 2013 Jkt 229001 DEPARTMENT OF COMMERCE International Trade Administration [C–570–942] Certain Kitchen Appliance Shelving and Racks From the People’s Republic of China: Final Results of Countervailing Duty Administrative Review; 2010 Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘Department’’) has completed its administrative review of the countervailing duty (‘‘CVD’’) order on certain kitchen appliance shelving and racks from the People’s Republic of China (‘‘PRC’’) for the period January 1, 2010, through December 31, 2010. The final net subsidy rate for New King Shan (Zhu Hai) Co., Ltd. (‘‘NKS’’) is listed below in the section entitled ‘‘Final Results of the Review.’’ AGENCY: PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 DATES: Effective Date: April 11, 2013. 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. SUPPLEMENTARY INFORMATION: Background Following the Preliminary Results,1 the Department sent two supplemental questionnaires to NKS regarding certain subsidy programs. NKS submitted its timely responses on October 23, 2012, 1 See Certain Kitchen Appliance Shelving and Racks From the People’s Republic of China: Countervailing Duty Administrative Review; 2010, 77 FR 61396 (October 9, 2012) (‘‘Preliminary Results’’), as corrected by Certain Kitchen Appliance Shelving and Racks from the People’s Republic of China: Countervailing Duty Administrative Review, 2010; Correction, 77 FR 72324 (December 5, 2012). E:\FR\FM\11APN1.SGM 11APN1 Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Notices and November 28, 2012. NKS submitted a case brief on December 10, 2012. SSW Holding Company, Inc. and Nashville Wire Products, Inc. (collectively ‘‘Petitioners’’), submitted a rebuttal brief on December 17, 2012. On February 4, 2013, we placed on the record of this review pricing information for wire rod, hot-rolled steel coil, and cold- rolled steel coil.2 NKS commented on these prices on February 19, 2013. On March 8, 2013, we placed on the record of this review the ‘‘Regulations of the People’s Republic of China on Import and Export Duties,’’ which we obtained from the Web site of the Ministry of Commerce of the People’s Republic of China.3 No party commented on this information. Scope of the Order The merchandise subject to the order is shelving and racks for refrigerators, freezers, combined refrigerator-freezers, other refrigerating or freezing equipment, cooking stoves, ranges, and ovens. These products are currently classified under the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) item 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. The HTSUS subheadings are provided for convenience and customs purposes. A full description of the scope is contained in the Memorandum from Gary Taverman, Senior Advisor for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration, entitled ‘‘Issues and Decision Memorandum for the Final Results of the Countervailing Duty Administrative Review: Certain Kitchen Appliance Shelving and Racks from the People’s Republic of China,’’ dated concurrently with this notice (‘‘Issues and Decision Memorandum’’), which is hereby adopted by this notice. TKELLEY on DSK3SPTVN1PROD with NOTICES Analysis of Comments Received All issues raised in the parties’ briefs are addressed in the Issues and Decision Memorandum. A list of the issues raised is attached to this notice as Appendix I. The Issues and Decision Memorandum 2 See Memorandum to the File from Jennifer Meek regarding, ‘‘Countervailing Duty Administrative Review: Certain Kitchen Appliance Shelving and Oven Racks from the People’s Republic of China: Benchmark Information Currently On the Record,’’ (February 4, 2013). 3 See Memorandum to the File from Jennifer Meek regarding, ‘‘Countervailing Duty Administrative Review: Certain Kitchen Appliance Shelving and Oven Racks from the People’s Republic of China: Chinese Customs Regulations for Imports,’’ (March 8, 2013). VerDate Mar<15>2010 17:37 Apr 10, 2013 Jkt 229001 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 https:// 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 Issues and Decision Memorandum can be accessed directly on the internet at https://www.trade.gov/ia/. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content. Use of Facts Otherwise Available and Adverse Inferences For purposes of these final results, we have continued to rely on facts available and apply adverse inferences in accordance with sections 776(a) and (b), respectively, of the Tariff Act of 1930, as amended (‘‘Act’’), with regard to: (1) Whether suppliers of steel strip and wire rod are authorities under the Wire Rod and Steel Strip at Less than Adequate Remuneration programs; and (2) the specificity of various grants listed in NKS’ financial statements. A full discussion of our decision to apply adverse facts available is presented in the Issues and Decision Memorandum under the section ‘‘Use of Facts Otherwise Available and Adverse Inferences.’’ Final Results of the Review In accordance with 19 CFR 351.221(b)(5), we calculated the subsidy rate shown below for the mandatory respondent, NKS. Producer/exporter Net subsidy rate (percent) New King Shan (Zhu Hai) Co., Ltd ............................. 12.06 Assessment Rates The Department intends to issue appropriate assessment instructions directly to U.S. Customs and Border Protection (‘‘CBP’’) 15 days after publication of these final results of review, to liquidate shipments of subject merchandise by NKS entered, or withdrawn from warehouse, for consumption on or after January 1, 2010, through December 31, 2010. amount shown above on shipments of subject merchandise by NKS entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this review. For all non-reviewed companies, we will instruct CBP to continue to collect cash deposits at the most recent company-specific or country-wide rate applicable to the company. Accordingly, the cash deposit rates that will be applied to companies covered by this order, but not examined in this review, are those established in the most recently completed segment of the proceeding for each company. These cash deposit requirements, when imposed, shall remain in effect until further notice. Administrative Protective Order This notice serves as a reminder to parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: April 5, 2013. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. Appendix I List of Comments in the Issues and Decision Memorandum: Comment 1: Application of CVD Law to the PRC Comment 2: Benchmark Calculation for the Wire Rod for Less Than Adequate Remuneration (‘‘LTAR’’) Program Comment 3: Inclusion of Ocean Freight in the Benchmark Calculations Comment 4: NKS’ February 19, 2013 Comments Regarding the Department’s Placement of Information on the Record [FR Doc. 2013–08514 Filed 4–10–13; 8:45 am] BILLING CODE 3510–DS–P Cash Deposit Instructions The Department also intends to instruct CBP to collect cash deposits of estimated countervailing duties in the PO 00000 Frm 00006 Fmt 4703 Sfmt 9990 21595 E:\FR\FM\11APN1.SGM 11APN1

Agencies

[Federal Register Volume 78, Number 70 (Thursday, April 11, 2013)]
[Notices]
[Pages 21594-21595]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08514]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-942]


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

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

SUMMARY: The Department of Commerce (``Department'') has completed its 
administrative review of the countervailing duty (``CVD'') order on 
certain kitchen appliance shelving and racks from the People's Republic 
of China (``PRC'') for the period January 1, 2010, through December 31, 
2010. The final net subsidy rate for New King Shan (Zhu Hai) Co., Ltd. 
(``NKS'') is listed below in the section entitled ``Final Results of 
the Review.''

DATES: Effective Date: April 11, 2013.

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.

SUPPLEMENTARY INFORMATION:

Background

    Following the Preliminary Results,\1\ the Department sent two 
supplemental questionnaires to NKS regarding certain subsidy programs. 
NKS submitted its timely responses on October 23, 2012,

[[Page 21595]]

and November 28, 2012. NKS submitted a case brief on December 10, 2012. 
SSW Holding Company, Inc. and Nashville Wire Products, Inc. 
(collectively ``Petitioners''), submitted a rebuttal brief on December 
17, 2012.
---------------------------------------------------------------------------

    \1\ See Certain Kitchen Appliance Shelving and Racks From the 
People's Republic of China: Countervailing Duty Administrative 
Review; 2010, 77 FR 61396 (October 9, 2012) (``Preliminary 
Results''), as corrected by Certain Kitchen Appliance Shelving and 
Racks from the People's Republic of China: Countervailing Duty 
Administrative Review, 2010; Correction, 77 FR 72324 (December 5, 
2012).
---------------------------------------------------------------------------

    On February 4, 2013, we placed on the record of this review pricing 
information for wire rod, hot-rolled steel coil, and cold- rolled steel 
coil.\2\ NKS commented on these prices on February 19, 2013. On March 
8, 2013, we placed on the record of this review the ``Regulations of 
the People's Republic of China on Import and Export Duties,'' which we 
obtained from the Web site of the Ministry of Commerce of the People's 
Republic of China.\3\ No party commented on this information.
---------------------------------------------------------------------------

    \2\ See Memorandum to the File from Jennifer Meek regarding, 
``Countervailing Duty Administrative Review: Certain Kitchen 
Appliance Shelving and Oven Racks from the People's Republic of 
China: Benchmark Information Currently On the Record,'' (February 4, 
2013).
    \3\ See Memorandum to the File from Jennifer Meek regarding, 
``Countervailing Duty Administrative Review: Certain Kitchen 
Appliance Shelving and Oven Racks from the People's Republic of 
China: Chinese Customs Regulations for Imports,'' (March 8, 2013).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to the order is shelving and racks for 
refrigerators, freezers, combined refrigerator-freezers, other 
refrigerating or freezing equipment, cooking stoves, ranges, and ovens. 
These products are currently classified under the Harmonized Tariff 
Schedule of the United States (``HTSUS'') item 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. The HTSUS subheadings 
are provided for convenience and customs purposes. A full description 
of the scope is contained in the Memorandum from Gary Taverman, Senior 
Advisor for Antidumping and Countervailing Duty Operations, to Ronald 
K. Lorentzen, Acting Assistant Secretary for Import Administration, 
entitled ``Issues and Decision Memorandum for the Final Results of the 
Countervailing Duty Administrative Review: Certain Kitchen Appliance 
Shelving and Racks from the People's Republic of China,'' dated 
concurrently with this notice (``Issues and Decision Memorandum''), 
which is hereby adopted by this notice.

Analysis of Comments Received

    All issues raised in the parties' briefs are addressed in the 
Issues and Decision Memorandum. A list of the issues raised is attached 
to this notice as Appendix I. The Issues and 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 https://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 Issues and Decision Memorandum can 
be accessed directly on the internet at https://www.trade.gov/ia/. The 
signed Issues and Decision Memorandum and the electronic versions of 
the Issues and Decision Memorandum are identical in content.

Use of Facts Otherwise Available and Adverse Inferences

    For purposes of these final results, we have continued to rely on 
facts available and apply adverse inferences in accordance with 
sections 776(a) and (b), respectively, of the Tariff Act of 1930, as 
amended (``Act''), with regard to: (1) Whether suppliers of steel strip 
and wire rod are authorities under the Wire Rod and Steel Strip at Less 
than Adequate Remuneration programs; and (2) the specificity of various 
grants listed in NKS' financial statements. A full discussion of our 
decision to apply adverse facts available is presented in the Issues 
and Decision Memorandum under the section ``Use of Facts Otherwise 
Available and Adverse Inferences.''

Final Results of the Review

    In accordance with 19 CFR 351.221(b)(5), we calculated the subsidy 
rate shown below for the mandatory respondent, NKS.

------------------------------------------------------------------------
                                                           Net subsidy
                   Producer/exporter                      rate (percent)
------------------------------------------------------------------------
New King Shan (Zhu Hai) Co., Ltd.......................           12.06
------------------------------------------------------------------------

Assessment Rates

    The Department intends to issue appropriate assessment instructions 
directly to U.S. Customs and Border Protection (``CBP'') 15 days after 
publication of these final results of review, to liquidate shipments of 
subject merchandise by NKS entered, or withdrawn from warehouse, for 
consumption on or after January 1, 2010, through December 31, 2010.

Cash Deposit Instructions

    The Department also intends to instruct CBP to collect cash 
deposits of estimated countervailing duties in the amount shown above 
on shipments of subject merchandise by NKS entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of the 
final results of this review. For all non-reviewed companies, we will 
instruct CBP to continue to collect cash deposits at the most recent 
company-specific or country-wide rate applicable to the company. 
Accordingly, the cash deposit rates that will be applied to companies 
covered by this order, but not examined in this review, are those 
established in the most recently completed segment of the proceeding 
for each company. These cash deposit requirements, when imposed, shall 
remain in effect until further notice.

Administrative Protective Order

    This notice serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return or destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: April 5, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix I

    List of Comments in the Issues and Decision Memorandum:

Comment 1: Application of CVD Law to the PRC
Comment 2: Benchmark Calculation for the Wire Rod for Less Than 
Adequate Remuneration (``LTAR'') Program
Comment 3: Inclusion of Ocean Freight in the Benchmark Calculations
Comment 4: NKS' February 19, 2013 Comments Regarding the 
Department's Placement of Information on the Record

[FR Doc. 2013-08514 Filed 4-10-13; 8:45 am]
BILLING CODE 3510-DS-P
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