Certain Kitchen Appliance Shelving and Racks From the People's Republic of China: Countervailing Duty Administrative Review; 2011, 63166-63167 [2013-24836]

Download as PDF 63166 Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Notices from Japan,2 antidumping duties would not be applied to CNRL’s subject merchandise under current law and practice. Accordingly, we will instruct CBP to liquidate the entries at issue without regard to antidumping duties. Assessment Rates In accordance with the Final Modification,3 the Department will instruct U.S. Customs and Border Protection (CBP) to liquidate entries for AMTP without regard to antidumping duties. Because we found that CNRL did not sell subject merchandise to an unaffiliated customer in the United States, or to unaffiliated customers for exportation to the United States, but exported all the subject merchandise back to CNRL in Canada, we will instruct CBP to liquidate its entries covered by this review without regard to antidumping duties. The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003. This clarification will apply to entries of subject merchandise during the POR produced by AMTP for which it did not know its merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the allothers rate if there is no rate for the intermediate company(ies) involved in the transaction. For a full discussion of this clarification, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). We intend to issue instructions to CBP 15 days after publication of the final results of this review. Cash Deposit Requirements emcdonald on DSK67QTVN1PROD with NOTICES The following deposit requirements will be effective upon publication of this notice of final results of administrative review for all shipments of certain small diameter carbon and alloy seamless standard, line and pressure pipe from Romania entered, or withdrawn from warehouse, for consumption on or after the date of publication, as provided by section 751(a)(1) of the Act: (1) The cash deposit rate for AMTP will be 0.00 percent, the weighted average dumping margin established in the final results of this 2 See Oil Country Tubular Goods From Japan: Preliminary Results and Rescission {sic} in Part of Antidumping Duty Administrative Review, 64 FR 48589, 48590–91 (September 7, 1999) (OCTG from Japan). 3 See Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101, 8102 (February 14, 2012) (Final Modification). VerDate Mar<15>2010 18:13 Oct 22, 2013 Jkt 232001 administrative review; 4 (2) for merchandise exported by manufacturers or exporters not covered in this review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation but the manufacturer is, the cash deposit rate will be the rate established for the manufacturer of the merchandise for the most recently completed segment of this proceeding; (4) the cash deposit rate for all other manufacturers or exporters will continue to be 13.06 percent, the allothers rate established in Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Small Diameter Carbon and Alloy Seamless Standard, Line and Pressure Pipe From Romania, 65 FR 48963 (August 10, 2000). These cash deposit requirements shall remain in effect until further notice. Notifications This notice serves as a final 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 this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. This notice also serves as a reminder to parties subject to the 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 notification of the 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 and this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. 4 We are not establishing a cash-deposit rate for CNRL because the merchandise exported by CNRL was not sold in any form. See ‘‘Final Results of Review’’ section, above. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 Dated: September 30, 2013. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2013–24838 Filed 10–22–13; 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; 2011 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, 2011, through December 31, 2011. 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 Jiangsu Weixi Group Co. (Weixi). DATES: Effective October 23, 2013. FOR FURTHER INFORMATION CONTACT: Jennifer Meek or Josh Morris, 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) 482–1779, respectively. AGENCY: Scope of the Order This order covers 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 remains dispositive. A full description of the scope of the order is contained in the memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations to Paul E:\FR\FM\23OCN1.SGM 23OCN1 Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Notices Piquado, Assistant Secretary for Import Administration, ‘‘Decision Memorandum for Preliminary Results for the Countervailing Duty Administrative Review: Kitchen Appliance Shelving and Racks from the People’s Republic of China,’’ dated concurrently with this notice (Preliminary Decision Memorandum), which is 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. information.3 We intend to seek that information and address the program in a post-preliminary analysis prior to our final results. Partial Rescission of the Administrative Review Cash Deposit Instructions The Department also intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amount shown above for NKS. 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 allothers rate applicable to the company. These cash deposit requirements, when imposed, shall remain in effect until further notice. Pursuant to 19 CFR 351.213(d)(1), we are rescinding this administrative review with respect to Weixi because the review request was timely withdrawn. Methodology emcdonald on DSK67QTVN1PROD with NOTICES 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.1 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 inference in selecting from among the facts otherwise available.2 Finally, we were not able to make a preliminary determination of countervailability for one program because we require further 1 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. For a full description of the methodology underlying our conclusions, see Preliminary Decision Memorandum. 2 See sections 776(a) and (b) of the Act. For further discussion, see Preliminary Decision Memorandum at ‘‘Use of Facts Otherwise Available and Adverse Inferences.’’ VerDate Mar<15>2010 18:13 Oct 22, 2013 Jkt 232001 Preliminary Results of the Review As a result of this review, we preliminarily determine a net subsidy rate of 8.52 percent for NKS for the period January 1, 2011, through December 31, 2011. Assessment Rates For Weixi, countervailing duties shall be assessed at rates equal to the cash deposit of estimated countervailing duties required at the time of entry, or withdrawal from warehouse, for consumption, during the period January 1, 2011, through December 31, 2011, in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions directly to U.S. Customs and Border Protection (CBP) 15 days after publication of this notice. For NKS, we intend to issue instructions to CBP 15 days after publication of the final results of this review. 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.4 Due to the Department’s intention to release a postpreliminary analysis memorandum, interested parties may submit written comments (case briefs) no later than one week after the issuance of that memorandum and rebuttal comments (rebuttal briefs) within five days after the time limit for filing case briefs. 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 3 See Preliminary Decision Memorandum at ‘‘Programs for Which More Information is Required.’’ 4 See 19 CFR 351.224(b). PO 00000 Frm 00010 Fmt 4703 Sfmt 9990 63167 summary of the argument; and (3) a table of authorities. 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.5 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.6 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 5:00 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. This administrative review and notice are issued and published in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213. Dated: September 30, 2013. Paul Piquado, Assistant Secretary for Import Administration. Appendix 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. 2013–24836 Filed 10–22–13; 8:45 am] BILLING CODE 3510–DS–P 5 See 6 See E:\FR\FM\23OCN1.SGM 19 CFR 351.310(c). 19 CFR 351.310. 23OCN1

Agencies

[Federal Register Volume 78, Number 205 (Wednesday, October 23, 2013)]
[Notices]
[Pages 63166-63167]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24836]


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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 Administrative Review; 2011

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, 2011, 
through December 31, 2011. 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 Jiangsu Weixi 
Group Co. (Weixi).

DATES: Effective October 23, 2013.

FOR FURTHER INFORMATION CONTACT: Jennifer Meek or Josh Morris, 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) 482-1779, respectively.

Scope of the Order

    This order covers 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 remains dispositive.
    A full description of the scope of the order is contained in the 
memorandum from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations to Paul

[[Page 63167]]

Piquado, Assistant Secretary for Import Administration, ``Decision 
Memorandum for Preliminary Results for the Countervailing Duty 
Administrative Review: Kitchen Appliance Shelving and Racks from the 
People's Republic of China,'' dated concurrently with this notice 
(Preliminary Decision Memorandum), which is 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.

Partial Rescission of the Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), we are rescinding this 
administrative review with respect to Weixi because the review request 
was timely withdrawn.

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.\1\ 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 
inference in selecting from among the facts otherwise available.\2\ 
Finally, we were not able to make a preliminary determination of 
countervailability for one program because we require further 
information.\3\ We intend to seek that information and address the 
program in a post-preliminary analysis prior to our final results.
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    \1\ 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. For a 
full description of the methodology underlying our conclusions, see 
Preliminary Decision Memorandum.
    \2\ See sections 776(a) and (b) of the Act. For further 
discussion, see Preliminary Decision Memorandum at ``Use of Facts 
Otherwise Available and Adverse Inferences.''
    \3\ See Preliminary Decision Memorandum at ``Programs for Which 
More Information is Required.''
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Preliminary Results of the Review

    As a result of this review, we preliminarily determine a net 
subsidy rate of 8.52 percent for NKS for the period January 1, 2011, 
through December 31, 2011.

Assessment Rates

    For Weixi, countervailing duties shall be assessed at rates equal 
to the cash deposit of estimated countervailing duties required at the 
time of entry, or withdrawal from warehouse, for consumption, during 
the period January 1, 2011, through December 31, 2011, in accordance 
with 19 CFR 351.212(c)(1)(i). The Department intends to issue 
appropriate assessment instructions directly to U.S. Customs and Border 
Protection (CBP) 15 days after publication of this notice. For NKS, we 
intend to issue instructions to CBP 15 days after publication of the 
final results of this review.

Cash Deposit Instructions

    The Department also intends to instruct CBP to collect cash 
deposits of estimated countervailing duties in the amount shown above 
for NKS. 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.

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.\4\ Due to 
the Department's intention to release a post-preliminary analysis 
memorandum, interested parties may submit written comments (case 
briefs) no later than one week after the issuance of that memorandum 
and rebuttal comments (rebuttal briefs) within five days after the time 
limit for filing case briefs. 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.
---------------------------------------------------------------------------

    \4\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------

    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.\5\ 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.\6\ Parties should 
confirm by telephone the date, time, and location of the hearing.
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    \5\ See 19 CFR 351.310(c).
    \6\ 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 5:00 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.
    This administrative review and notice are issued and published in 
accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 
351.213.

    Dated: September 30, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix

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. 2013-24836 Filed 10-22-13; 8:45 am]
BILLING CODE 3510-DS-P