Certain Kitchen Appliance Shelving and Racks From the People's Republic of China: Final Results of Expedited Sunset Review of the Countervailing Duty Order, 73029-73030 [2014-28831]

Download as PDF Federal Register / Vol. 79, No. 236 / Tuesday, December 9, 2014 / Notices of the Act and 19 CFR 351.213(h), unless this deadline is extended. rljohnson on DSK3VPTVN1PROD with NOTICES Assessment Rates Upon issuance of the final results, the Department shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review.11 Golden Dragon and Nacobre reported the names of the importers of record and the entered value for all of their sales to the United States during the POR. If Golden Dragon’s and Nacobre’s weighted-average dumping margins are not zero or de minimis (i.e., less than 0.50 percent) in the final results of this review, we 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 those sales in accordance with 19 CFR 351.212(b)(1), and we will instruct CBP to assess antidumping duties on all appropriate entries covered by this review. 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. 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 Golden Dragon and Nacobre for which they did not know their 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 41 days after the publication date of the final results of this review. Cash Deposit Requirements The following deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of seamless refined copper pipe and tube from Mexico entered, or withdrawn from warehouse, for consumption on or after the date of publication as provided by section 751(a)(2) of the Act: (1) The cash deposit rates for Golden Dragon and Nacobre will be equal to the weightedaverage dumping margins established in 11 See the final results of this administrative review; (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; (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 most recentlycompleted segment for the manufacturer of the merchandise; (4) the cash deposit rate for all other manufacturers or exporters will continue to be 26.03 percent, the all-others rate established in the Order. These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also 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 this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h) and 351.221(b)(4). Dated: December 2, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Scope of the Order 4. Discussion of the Methodology i. Normal Value Comparisons ii. Determination of Comparison Method iii. Product Comparisons iv. Date of Sale v. Constructed Export Price vi. Normal Value vii. Currency Conversion [FR Doc. 2014–28827 Filed 12–8–14; 8:45 am] BILLING CODE 3510–DS–P 19 CFR 351.212(b). VerDate Sep<11>2014 14:48 Dec 08, 2014 Jkt 235001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 73029 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 Expedited Sunset Review of the Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) finds that revocation of the countervailing duty order (CVD) order on certain kitchen appliance shelving and racks (kitchen racks) from the People’s Republic of China (PRC) would be likely to lead to continuation or recurrence of a countervailable subsidy at the levels indicated in the Final Results of Review section of this notice. DATES: Effective Date: December 9, 2014. FOR FURTHER INFORMATION CONTACT: Mary Kolberg, Office I, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–1785. AGENCY: SUPPLEMENTARY INFORMATION Background On August 1, 2014, the Department initiated a sunset review of the CVD Order 1 on kitchen racks from the PRC pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 On August 18, 2014, the Department received a notice of intent to participate in the review on behalf of Nashville Wire Products, Inc. (Nashville Wire) and SSW Holding Company, Inc. (SSW) (collectively, the domestic industry) within the deadline specified in 19 CFR 351.218(d)(1)(i). Each of these companies claimed interested party status under section 771(9)(C) of the Act, as domestic producers of the domestic like product. The Department received adequate substantive responses collectively from the domestic industry within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). The Department did not receive a substantive response from the Government of the PRC or any respondent interested party to the 1 See Certain Kitchen Appliance Shelving and Racks From the People’s Republic of China: Countervailing Duty Order, 74 FR 46973 (September 14, 2009) (CVD Order). 2 See Initiation of Five-Year (‘‘Sunset’’) Review, 79 FR 44743 (August 1, 2014). E:\FR\FM\09DEN1.SGM 09DEN1 73030 Federal Register / Vol. 79, No. 236 / Tuesday, December 9, 2014 / Notices proceeding. Because the Department received no response from the respondent interested parties, the Department conducted an expedited review of this CVD order, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(l)(ii)(B)(2) and (C)(2). Scope of the Order The merchandise subject to the order is certain kitchen appliance shelving and racks from the People’s Republic of China. The product is currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) numbers 7321.90.5000, 7321.90.6040, 7321.90.6090, 8418.99.8050, 8418.99.8060, 8419.90.9520, 8516.90.8000, and 8516.90.8010. Although the HTSUS numbers are provided for convenience and customs purposes, the written product description remains dispositive. For a full description of the scope, see ‘‘Issues and Decision Memorandum for the Final Results of Expedited Sunset Review of the Countervailing Duty Order on Certain Kitchen Appliance Shelving and Racks from the People’s Republic of China,’’ from Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, dated concurrently with this final notice (Issues and Decision Memorandum), and hereby adopted by this notice. rljohnson on DSK3VPTVN1PROD with NOTICES Analysis of Comments Received All issues raised in this review are addressed in the Issues and Decision Memorandum. The issues discussed in the Issues and Decision Memorandum include the likelihood of continuation or recurrence of a countervailable subsidy and the net countervailable subsidy likely to prevail if the CVD Order were revoked. Parties can find a complete discussion of all issues raised in this expedited sunset review and the corresponding recommendations in this public memorandum which is on file electronically via the Enforcement and Compliance Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS).3 ACCESS is available to registered users at http://access.trade.gov and in the Central Records Unit, Room 7046 of the 3 On November 24, 2014, Enforcement and Compliance changed the name of Enforcement and Compliance’s AD and CVD Centralized Electronic Service System (‘‘IA ACCESS’’) to AD and CVD Centralized Electronic Service System (‘‘ACCESS’’). The Web site location was changed from http:// iaaccess.trade.gov to http://access.trade.gov. The Final Rule changing the references to the Regulations can be found at 79 FR 69046 (November 20, 2014). VerDate Sep<11>2014 14:48 Dec 08, 2014 Jkt 235001 main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Internet at http:// enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content. Final Results of Review Pursuant to sections 752(b)(1) and (3) of the Act, we determine that revocation of the CVD Order on kitchen racks from the PRC would be likely to lead to continuation or recurrence of a net countervailable subsidy at the rates listed below: Subsidy rate (percent) Producer/exporter Guangdong Wire King Co., Ltd. (formerly known as Foshan Shunde Wireking Housewares & Hardware) Asber Enterprises Co., Ltd. (China) .............................. Changzhou Yixiong Metal Products Co., Ltd .............. Foshan Winleader Metal Products Co., Ltd .............. Kingsun Enterprises Group Co, Ltd .............................. Yuyao Hanjun Metal Work Co./Yuyao Hanjun Metal Products Co., Ltd .............. Zhongshan Iwatani Co., Ltd. All Others .............................. 19.13 175.03 DEPARTMENT OF COMMERCE International Trade Administration [C–570–021, C–274–807] Melamine From the People’s Republic of China and Trinidad and Tobago: Initiation of Countervailing Duty Investigations Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective Date: December 9, 2014. FOR FURTHER INFORMATION CONTACT: Andrew Medley at (202) 482–4987 or Eve Wang at (202) 482–6231 (People’s Republic of China); Brendan Quinn at (202) 482–5848 or Raquel Silva at (202) 482–6475 (Republic of Trinidad and Tobago), Office III, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: The Petitions On November 12, 2014, the Department of Commerce 154.12143 (‘‘Department’’) received countervailing duty (‘‘CVD’’) petitions concerning 154.12 imports of melamine from the People’s Republic of China (‘‘PRC’’) and Trinidad and Tobago (‘‘Trinidad and Tobago’’) 154.12 filed in proper form on behalf of 154.12 Cornerstone Chemical Company 17.51 (‘‘Petitioner’’). The CVD petitions were accompanied by two antidumping duty (‘‘AD’’) petitions.1 Petitioner is a Notification Regarding Administrative domestic producer of melamine.2 Protective Order On November 14, and November 19, This notice serves as the only 2014, the Department requested reminder to parties subject to information and clarification for certain administrative protective order (APO) of areas of the Petitions.3 Petitioner filed their responsibility concerning the responses to these requests on return or destruction of proprietary 1 See Petitioner’s submission entitled ‘‘Petitions information disclosed under APO in For The Imposition Of Antidumping And accordance with 19 CFR 351.305. Countervailing Duties Against Melamine From Timely notification of return/ China And Trinidad And Tobago,’’ dated November destruction of APO materials or 12, 2014 (‘‘Petitions’’). 2 See Volume I of the Petitions, at 2. conversion to judicial protective order is 3 See Letter from the Department to Petitioner hereby requested. Failure to comply of with the regulations and the terms of an entitled ‘‘Petition for the Imposition Melamine from Countervailing Duties on Imports of APO is a sanctionable violation. Trinidad and Tobago: Supplement Question,’’ dated November 14, 2014; Letter from the Department to We are issuing and publishing these Petitioner entitled ‘‘Petitions for the Imposition of final results and notice in accordance Antidumping and Countervailing Duties on Imports with sections 751(c), 752(b), and of Melamine from the People’s Republic of China and Trinidad and Tobago: Supplemental 777(i)(1) of the Act. 154.12 Dated: December 1, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2014–28831 Filed 12–8–14; 8:45 am] BILLING CODE 3510–DS–P PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 Questions,’’ dated November 14, 2014 (‘‘General Issues Supplemental Questionnaire’’); Letter from the Department to Petitioner entitled ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Melamine from the People’s Republic of China and Trinidad and Tobago: Supplemental Questions,’’ dated November 19, 2014 (‘‘Second General Issues Supplemental Questionnaire’’). E:\FR\FM\09DEN1.SGM 09DEN1

Agencies

[Federal Register Volume 79, Number 236 (Tuesday, December 9, 2014)]
[Notices]
[Pages 73029-73030]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28831]


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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: Final Results of Expedited Sunset Review of the 
Countervailing Duty Order

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

SUMMARY: The Department of Commerce (the Department) finds that 
revocation of the countervailing duty order (CVD) order on certain 
kitchen appliance shelving and racks (kitchen racks) from the People's 
Republic of China (PRC) would be likely to lead to continuation or 
recurrence of a countervailable subsidy at the levels indicated in the 
Final Results of Review section of this notice.

DATES: Effective Date: December 9, 2014.

FOR FURTHER INFORMATION CONTACT: Mary Kolberg, Office I, AD/CVD 
Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1785.

SUPPLEMENTARY INFORMATION

Background

    On August 1, 2014, the Department initiated a sunset review of the 
CVD Order \1\ on kitchen racks from the PRC pursuant to section 751(c) 
of the Tariff Act of 1930, as amended (the Act).\2\ On August 18, 2014, 
the Department received a notice of intent to participate in the review 
on behalf of Nashville Wire Products, Inc. (Nashville Wire) and SSW 
Holding Company, Inc. (SSW) (collectively, the domestic industry) 
within the deadline specified in 19 CFR 351.218(d)(1)(i). Each of these 
companies claimed interested party status under section 771(9)(C) of 
the Act, as domestic producers of the domestic like product.
---------------------------------------------------------------------------

    \1\ See Certain Kitchen Appliance Shelving and Racks From the 
People's Republic of China: Countervailing Duty Order, 74 FR 46973 
(September 14, 2009) (CVD Order).
    \2\ See Initiation of Five-Year (``Sunset'') Review, 79 FR 44743 
(August 1, 2014).
---------------------------------------------------------------------------

    The Department received adequate substantive responses collectively 
from the domestic industry within the 30-day deadline specified in 19 
CFR 351.218(d)(3)(i). The Department did not receive a substantive 
response from the Government of the PRC or any respondent interested 
party to the

[[Page 73030]]

proceeding. Because the Department received no response from the 
respondent interested parties, the Department conducted an expedited 
review of this CVD order, pursuant to section 751(c)(3)(B) of the Act 
and 19 CFR 351.218(e)(l)(ii)(B)(2) and (C)(2).

Scope of the Order

    The merchandise subject to the order is certain kitchen appliance 
shelving and racks from the People's Republic of China. The product is 
currently classified under the Harmonized Tariff Schedule of the United 
States (HTSUS) numbers 7321.90.5000, 7321.90.6040, 7321.90.6090, 
8418.99.8050, 8418.99.8060, 8419.90.9520, 8516.90.8000, and 
8516.90.8010. Although the HTSUS numbers are provided for convenience 
and customs purposes, the written product description remains 
dispositive.
    For a full description of the scope, see ``Issues and Decision 
Memorandum for the Final Results of Expedited Sunset Review of the 
Countervailing Duty Order on Certain Kitchen Appliance Shelving and 
Racks from the People's Republic of China,'' from Gary Taverman, 
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement 
and Compliance, dated concurrently with this final notice (Issues and 
Decision Memorandum), and hereby adopted by this notice.

Analysis of Comments Received

    All issues raised in this review are addressed in the Issues and 
Decision Memorandum. The issues discussed in the Issues and Decision 
Memorandum include the likelihood of continuation or recurrence of a 
countervailable subsidy and the net countervailable subsidy likely to 
prevail if the CVD Order were revoked. Parties can find a complete 
discussion of all issues raised in this expedited sunset review and the 
corresponding recommendations in this public memorandum which is on 
file electronically via the Enforcement and Compliance Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS).\3\ 
ACCESS is available to registered users at http://access.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 http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision 
Memorandum and the electronic versions of the Issues and Decision 
Memorandum are identical in content.
---------------------------------------------------------------------------

    \3\ On November 24, 2014, Enforcement and Compliance changed the 
name of Enforcement and Compliance's AD and CVD Centralized 
Electronic Service System (``IA ACCESS'') to AD and CVD Centralized 
Electronic Service System (``ACCESS''). The Web site location was 
changed from http://iaaccess.trade.gov to http://access.trade.gov. 
The Final Rule changing the references to the Regulations can be 
found at 79 FR 69046 (November 20, 2014).
---------------------------------------------------------------------------

Final Results of Review

    Pursuant to sections 752(b)(1) and (3) of the Act, we determine 
that revocation of the CVD Order on kitchen racks from the PRC would be 
likely to lead to continuation or recurrence of a net countervailable 
subsidy at the rates listed below:

------------------------------------------------------------------------
                                                           Subsidy rate
                    Producer/exporter                        (percent)
------------------------------------------------------------------------
Guangdong Wire King Co., Ltd. (formerly known as Foshan            19.13
 Shunde Wireking Housewares & Hardware).................
Asber Enterprises Co., Ltd. (China).....................          175.03
Changzhou Yixiong Metal Products Co., Ltd...............          154.12
Foshan Winleader Metal Products Co., Ltd................       154.12143
Kingsun Enterprises Group Co, Ltd.......................          154.12
Yuyao Hanjun Metal Work Co./Yuyao Hanjun Metal Products           154.12
 Co., Ltd...............................................
Zhongshan Iwatani Co., Ltd..............................          154.12
All Others..............................................           17.51
------------------------------------------------------------------------

Notification Regarding Administrative Protective Order

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of return/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 final results and notice in 
accordance with sections 751(c), 752(b), and 777(i)(1) of the Act.

    Dated: December 1, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-28831 Filed 12-8-14; 8:45 am]
BILLING CODE 3510-DS-P