Certain Kitchen Appliance Shelving and Racks From the People's Republic of China: Final Results and Partial Rescission of Antidumping Duty Administrative Review; 2011-2012, 3176-3177 [2014-00944]

Download as PDF 3176 Federal Register / Vol. 79, No. 12 / Friday, January 17, 2014 / Notices For further information, contact Pierre Duy at Pierre.Duy@trade.gov or (202) 482–1378. Dated: January 10, 2014. Andrew McGilvray, Executive Secretary. [FR Doc. 2014–00912 Filed 1–16–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–941] Certain Kitchen Appliance Shelving and Racks From the People’s Republic of China: Final Results and Partial Rescission of Antidumping Duty Administrative Review; 2011–2012 Enforcement and Compliance, Formerly Import Administration, International Trade Administration, Department of Commerce. AGENCY: On September 4, 2013, the Department of Commerce (‘‘Department’’) published the Preliminary Results 1 of the 2011–2012 administrative review of the antidumping duty order on certain kitchen appliance shelving and racks from the People’s Republic of China: (‘‘PRC’’). The period of review (‘‘POR’’) is September 1, 2011, through August 31, 2012. We gave interested parties an opportunity to comment on the Preliminary Results, but we received none. The final weighted-average dumping margin for the exporter covered by this administrative review, New King Shan (Zhu Hai) Wire Co., Ltd., is listed in the ‘‘Final Results of Review’’ section below. SUMMARY: DATES: Effective Date: January 17, 2014. FOR FURTHER INFORMATION CONTACT: Emeka Chukwudebe, AD/CVD Operations, Office 9, Enforcement and Compliance, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0219. SUPPLEMENTARY INFORMATION: emcdonald on DSK67QTVN1PROD with NOTICES Background The Department has conducted this administrative review in accordance with section 751(a) of the Tariff Act of 1930, as amended (‘‘the Act’’). 1 See Certain Kitchen Appliance Shelving and Racks From the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2011–2012, 78 FR 54450 (September 4, 2013) (‘‘Preliminary Results’’). VerDate Mar<15>2010 17:00 Jan 16, 2014 Jkt 232001 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 (‘‘certain kitchen appliance shelving and racks’’ or ‘‘the merchandise under order’’). 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 0.1 inch to 16 inches by 30 inches by 4 inches; or —subframes from 6 inches by 10 inches by 0.1 inch to 28 inches by 34 inches by 6 inches. The merchandise under the order 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 0.2 inch. The merchandise under this order 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 the order is currently classifiable in the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) statistical reporting numbers 8418.99.8050, 8418.99.8060, 7321.90.5000, 7321.90.6090, 8516.90.8000, 7321.90.6040, 8516.90.8010 and 8419.90.9520. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the order is dispositive. PRC-Wide Entity Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 administrative review, in whole or in part, if a party that requested the review withdraws the request within 90 days of the date of publication of the initiation notice of the requested review. As noted in the Preliminary Results, Petitioners timely requested an administrative review for Jiangsu Weixi Group, Co. (‘‘Weixi’’), a company that previously has not received a separate rate in earlier segments of this proceeding. Petitioners were the only parties to request an administrative review of Weixi, and timely withdrew their request for review of Weixi.2 In the Preliminary Results, because the PRC-wide entity remained potentially under review for the final results of this administrative review, the Department did not rescind this review for Weixi, because it was part of the PRC-wide entity. The PRC-wide entity did not come under review for these final results. Therefore, for the final results the Department is rescinding this review with respect to Weixi, who remains part of the PRC-wide entity. Final Results of the Review The Department has made no changes to the Preliminary Results. As a result of our review, we determine that the following dumping margin exists for the period September 1, 2011, through August 31, 2012: Exporter Weightedaverage dumping margin (%) New King Shan (Zhu Hai) Co., Ltd.3 ........................... 0.00 Assessment The Department will determine, and U.S. Customs and Border Protection (‘‘CBP’’) shall assess, antidumping duties on all appropriate entries covered by this review. The Department intends to issue assessment instructions to CBP 15 days after the publication date of these final results of this review. In accordance with 19 CFR 351.212(b)(1), we are calculating importer- (or customer-) specific assessment rates for the merchandise subject to this review. For any individually examined respondent whose weighted-average 2 See Preliminary Results, 78 FR at 54450. the Preliminary Results, the Department found New King Shan affiliated with certain entities and treated New King Shan and one affiliated entity to be a single entity. Because we have not made any changes to the Preliminary Results, we will assign this rate to New King Shan and its affiliated entity in this administrative review. See Preliminary Results, and accompanying Preliminary Decision Memorandum at pages 3–4. 3 In E:\FR\FM\17JAN1.SGM 17JAN1 Federal Register / Vol. 79, No. 12 / Friday, January 17, 2014 / Notices emcdonald on DSK67QTVN1PROD with NOTICES dumping margin is above de minimis (i.e., 0.50 percent), the Department will calculate importer-specific assessment rates on the basis of the ratio of the total amount of dumping calculated for the importer’s examined sales and the total entered value of sales.4 We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importer-specific assessment rate is above de minimis. Where either the respondent’s weightedaverage dumping margin is zero or de minimis, or an importer-specific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. The Department announced a refinement to its assessment practice in NME cases.5 Pursuant to this refinement in practice, for entries that were not reported in the U.S. sales databases submitted by companies individually examined during this review, the Department will instruct CBP to liquidate such entries at the NME-wide rate. In addition, if the Department determines that an exporter under review had no shipments of the subject merchandise, any suspended entries that entered under that exporter’s case number (i.e., at that exporter’s rate) will be liquidated at the NME-wide rate. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) For New King Shan (Zhu Hai) Co., Ltd., the cash deposit rate will be that established in the final results of this review; (2) for previously investigated or reviewed PRC and non-PRC exporters that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporterspecific rate; (3) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be that for the PRC-wide entity; and (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate 4 See Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012). 5 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). VerDate Mar<15>2010 17:00 Jan 16, 2014 Jkt 232001 applicable to the PRC exporter that supplied that non-PRC exporter. These deposit requirements, when imposed, 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 POR. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping duties has 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) of the Act and 19 CFR 351.213(d)(4) and 19 CFR 351.213(h)(1). Dated: January 13, 2014. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2014–00944 Filed 1–16–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–913] Certain New Pneumatic Off-the-Road Tires From the People’s Republic of China: Rescission of Countervailing Duty Administrative Review; 2012 Enforcement and Compliance, formerly Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: January 17, 2014. FOR FURTHER INFORMATION CONTACT: David Lindgren, Enforcement and Compliance, AD/CVD Operations, Office VII, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution AGENCY: PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 3177 Avenue NW., Washington, DC 20230; telephone: (202) 482–3870. Background On September 3, 2013, the Department of Commerce (Department) published a notice of opportunity to request an administrative review of the countervailing duty (CVD) order on certain new pneumatic off-the-road tires (OTR Tires) from the People’s Republic of China (PRC) covering the period January 1, 2012 through December 31, 2013.1 The Department received a timely request from Guizhou Tyre Co. Ltd. (GTC) for a CVD administrative review of itself.2 No other interested party submitted a request for review. On November 8, 2013, the Department published a notice of initiation of an administrative review of the CVD order on OTR Tires from the PRC with respect to GTC.3 On December 30, 2013, GTC timely withdrew its request for a review.4 Rescission of Review Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an administrative review, in whole or in part, if a party that requested the review withdraws the request within 90 days of the date of publication of the notice of initiation of the requested review. GTC timely submitted a withdrawal request within the 90-day period (i.e., before February 6, 2014). Because the review request filed by GTC was the only request filed, we are rescinding this administrative review of the CVD order on OTR Tires from the PRC, consistent with 19 CFR 351.213(d)(1). Assessment The Department will instruct U.S. Customs and Border Protection (CBP) to assess CVDs on all appropriate entries. GTC shall be assessed CVDs at rates equal to the cash deposit of estimated CVDs required at the time of entry, or 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 78 FR 54235 (September 3, 2013). 2 See Letter to the Department from GTC regarding ‘‘Request for Administrative Review: Countervailing Duty Order on Certain New Pneumatic Off-The-Road Tires from the People’s Republic of China (Case No: C–570–913) (POR: January 1, 2012–December 31, 2012),’’ dated September 30, 2013. 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part, 78 FR 67104 (November 8, 2013). 4 See Letter to the Department from GTC regarding ‘‘GTC Withdrawal of Review Request: Countervailing Duty Order on Certain New Pneumatic Off-The-Road Tires from the People’s Republic of China (Case No: C–570–913) (POR: January 1, 2012–December 31, 2012),’’ dated December 30, 2013. E:\FR\FM\17JAN1.SGM 17JAN1

Agencies

[Federal Register Volume 79, Number 12 (Friday, January 17, 2014)]
[Notices]
[Pages 3176-3177]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-00944]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-941]


Certain Kitchen Appliance Shelving and Racks From the People's 
Republic of China: Final Results and Partial Rescission of Antidumping 
Duty Administrative Review; 2011-2012

AGENCY: Enforcement and Compliance, Formerly Import Administration, 
International Trade Administration, Department of Commerce.

SUMMARY: On September 4, 2013, the Department of Commerce 
(``Department'') published the Preliminary Results \1\ of the 2011-2012 
administrative review of the antidumping duty order on certain kitchen 
appliance shelving and racks from the People's Republic of China: 
(``PRC''). The period of review (``POR'') is September 1, 2011, through 
August 31, 2012. We gave interested parties an opportunity to comment 
on the Preliminary Results, but we received none. The final weighted-
average dumping margin for the exporter covered by this administrative 
review, New King Shan (Zhu Hai) Wire Co., Ltd., is listed in the 
``Final Results of Review'' section below.
---------------------------------------------------------------------------

    \1\ See Certain Kitchen Appliance Shelving and Racks From the 
People's Republic of China: Preliminary Results of Antidumping Duty 
Administrative Review; 2011-2012, 78 FR 54450 (September 4, 2013) 
(``Preliminary Results'').

---------------------------------------------------------------------------
DATES: Effective Date: January 17, 2014.

FOR FURTHER INFORMATION CONTACT: Emeka Chukwudebe, AD/CVD Operations, 
Office 9, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 14th Street and Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-0219.

SUPPLEMENTARY INFORMATION:

Background

    The Department has conducted this administrative review in 
accordance with section 751(a) of the Tariff Act of 1930, as amended 
(``the Act'').

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 
(``certain kitchen appliance shelving and racks'' or ``the merchandise 
under order''). 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 0.1 inch to 16 inches by 30 
inches by 4 inches; or
--subframes from 6 inches by 10 inches by 0.1 inch to 28 inches by 34 
inches by 6 inches.
    The merchandise under the order 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 0.2 inch. The merchandise under this order 
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 the order is currently classifiable in 
the Harmonized Tariff Schedule of the United States (``HTSUS'') 
statistical reporting numbers 8418.99.8050, 8418.99.8060, 7321.90.5000, 
7321.90.6090, 8516.90.8000, 7321.90.6040, 8516.90.8010 and 
8419.90.9520. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the scope 
of the order is dispositive.

PRC-Wide Entity

    Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an 
administrative review, in whole or in part, if a party that requested 
the review withdraws the request within 90 days of the date of 
publication of the initiation notice of the requested review. As noted 
in the Preliminary Results, Petitioners timely requested an 
administrative review for Jiangsu Weixi Group, Co. (``Weixi''), a 
company that previously has not received a separate rate in earlier 
segments of this proceeding. Petitioners were the only parties to 
request an administrative review of Weixi, and timely withdrew their 
request for review of Weixi.\2\
---------------------------------------------------------------------------

    \2\ See Preliminary Results, 78 FR at 54450.
---------------------------------------------------------------------------

    In the Preliminary Results, because the PRC-wide entity remained 
potentially under review for the final results of this administrative 
review, the Department did not rescind this review for Weixi, because 
it was part of the PRC-wide entity. The PRC-wide entity did not come 
under review for these final results. Therefore, for the final results 
the Department is rescinding this review with respect to Weixi, who 
remains part of the PRC-wide entity.

Final Results of the Review

    The Department has made no changes to the Preliminary Results. As a 
result of our review, we determine that the following dumping margin 
exists for the period September 1, 2011, through August 31, 2012:

------------------------------------------------------------------------
                                                            Weighted-
                        Exporter                         average dumping
                                                            margin  (%)
------------------------------------------------------------------------
New King Shan (Zhu Hai) Co., Ltd.\3\...................            0.00
------------------------------------------------------------------------

Assessment

    The Department will determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries covered by this review. The Department intends to 
issue assessment instructions to CBP 15 days after the publication date 
of these final results of this review. In accordance with 19 CFR 
351.212(b)(1), we are calculating importer- (or customer-) specific 
assessment rates for the merchandise subject to this review. For any 
individually examined respondent whose weighted-average

[[Page 3177]]

dumping margin is above de minimis (i.e., 0.50 percent), the Department 
will calculate importer-specific assessment rates on the basis of the 
ratio of the total amount of dumping calculated for the importer's 
examined sales and the total entered value of sales.\4\ We will 
instruct CBP to assess antidumping duties on all appropriate entries 
covered by this review when the importer-specific assessment rate is 
above de minimis. Where either the respondent's weighted-average 
dumping margin is zero or de minimis, or an importer-specific 
assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
---------------------------------------------------------------------------

    \3\ In the Preliminary Results, the Department found New King 
Shan affiliated with certain entities and treated New King Shan and 
one affiliated entity to be a single entity. Because we have not 
made any changes to the Preliminary Results, we will assign this 
rate to New King Shan and its affiliated entity in this 
administrative review. See Preliminary Results, and accompanying 
Preliminary Decision Memorandum at pages 3-4.
    \4\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).
---------------------------------------------------------------------------

    The Department announced a refinement to its assessment practice in 
NME cases.\5\ Pursuant to this refinement in practice, for entries that 
were not reported in the U.S. sales databases submitted by companies 
individually examined during this review, the Department will instruct 
CBP to liquidate such entries at the NME-wide rate. In addition, if the 
Department determines that an exporter under review had no shipments of 
the subject merchandise, any suspended entries that entered under that 
exporter's case number (i.e., at that exporter's rate) will be 
liquidated at the NME-wide rate.
---------------------------------------------------------------------------

    \5\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for 
shipments of the subject merchandise from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C) of the Act: (1) For New King Shan (Zhu 
Hai) Co., Ltd., the cash deposit rate will be that established in the 
final results of this review; (2) for previously investigated or 
reviewed PRC and non-PRC exporters that received a separate rate in a 
prior segment of this proceeding, the cash deposit rate will continue 
to be the existing exporter-specific rate; (3) for all PRC exporters of 
subject merchandise that have not been found to be entitled to a 
separate rate, the cash deposit rate will be that for the PRC-wide 
entity; and (4) for all non-PRC exporters of subject merchandise which 
have not received their own rate, the cash deposit rate will be the 
rate applicable to the PRC exporter that supplied that non-PRC 
exporter. These deposit requirements, when imposed, 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 POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties has 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) of the Act and 19 CFR 
351.213(d)(4) and 19 CFR 351.213(h)(1).

    Dated: January 13, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2014-00944 Filed 1-16-14; 8:45 am]
BILLING CODE 3510-DS-P
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