Certain Kitchen Appliance Shelving and Racks From the People's Republic of China: Final Results of the Expedited Second Sunset Review of the Antidumping Duty Order, 34703-34704 [2020-12262]

Download as PDF Federal Register / Vol. 85, No. 110 / Monday, June 8, 2020 / Notices Net subsidy rate (percent) Exporter/producer All Others ............................................................................................................................................................................................. Administrative Protective Order (APO) DEPARTMENT OF COMMERCE This notice serves as the only reminder to interested parties subject to an 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 the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. International Trade Administration Notification to Interested Parties 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 and 19 CFR 351.218. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until July 17, 2020, unless extended.7 Dated: June 1, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum Certain Kitchen Appliance Shelving and Racks From the People’s Republic of China: Final Results of the Expedited Second Sunset Review of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) finds that revocation of the antidumping duty order on certain kitchen appliance shelving and racks from the People’s Republic of China (China) would be likely to lead to continuation or recurrence of dumping at the levels indicated in the ‘‘Final Results of Sunset Review’’ section of this notice. DATES: Applicable June 8, 2020. FOR FURTHER INFORMATION CONTACT: Rachel Greenberg, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0652. SUPPLEMENTARY INFORMATION: AGENCY: BILLING CODE 3510–DS–P 7 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 29615 (May 18, 2020). 1 See Certain Kitchen Appliance Shelving and Racks from the People’s Republic of China: Amended Final Determination of Sales at Less Than Fair Value and Notice of Antidumping Duty Order, 74 FR 46971 (September 14, 2009) (Order). 2 See Initiation of Five-Year (Sunset) Reviews, 85 FR 5940 (February 3, 2020). 3 See Nashville Wire’s and SSW’s Letter, ‘‘Kitchen Appliance Shelving and Racks from the People’s Republic of China—Domestic Interested Parties’ Notice of Intent to Participate,’’ dated February 14, 2020. [FR Doc. 2020–12365 Filed 6–5–20; 8:45 am] khammond on DSKJM1Z7X2PROD with NOTICES [A–570–941] Background On September 14, 2009, the Department of Commerce (Commerce) published the antidumping duty order on certain kitchen appliance shelving and racks from China.1 On February 3, 2020, Commerce initiated the second sunset review of the Order pursuant to 751(c) of the Tariff Act of 1930, as amended (the Act).2 Commerce received a notice of intent to participate from domestic interested parties, Nashville Wire Products, Inc. (Nashville Wire) and SSW Holding Company, LLC (SSW), within the deadline specified in 19 CFR 351.218(d)(1)(i).3 Both Nashville Wire I. Summary II. Background III. Scope of the Order IV. History of the Order V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of a Countervailable Subsidy 2. Net Countervailable Subsidy Rate Likely to Prevail 3. Nature of the Subsidies VII. Final Results of Sunset Review VIII. Recommendation VerDate Sep<11>2014 17:09 Jun 05, 2020 Jkt 250001 PO 00000 Frm 00004 Fmt 4703 34703 Sfmt 4703 17.51 and SSW claimed interested party status under section 771(9)(C) of the Act as producers of the domestic like product. On March 4, 2020, Commerce received a substantive response from Nashville Wire and SSW within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).4 Commerce received no substantive responses from respondent interested parties, nor was a hearing requested. On March 24, 2020, Commerce notified the U.S. International Trade Commission (ITC) that it did not receive an adequate substantive response from respondent interested parties.5 As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) sunset review of the Order. Scope of the Order The product covered by 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 4 See Nashville Wire’s and SSW’s Letter, ‘‘Certain Kitchen Appliance Shelving and Racks from the People’s Republic of China—Domestic Interested Parties’ Substantive Response,’’ dated March 4, 2020. 5 See Commerce’s Letter, ‘‘Sunset Reviews Initiated on February 3, 2020,’’ dated March 24, 2020. E:\FR\FM\08JNN1.SGM 08JNN1 34704 Federal Register / Vol. 85, No. 110 / Monday, June 8, 2020 / Notices —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 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 order may by coated or uncoated and may by formed and/or welded. Excluded from the scope of this order is shelving in which the support surface is glass. The merchandise subject to this order is currently classified 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, 8516.90.8010, 7321.90.6040, 8514.90.4000 and 8419.90.9520. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive. Analysis of Commerce Received khammond on DSKJM1Z7X2PROD with NOTICES All issues raised in this review, including the likelihood of continuation or recurrence of dumping in the event of revocation and the magnitude of the margins likely to prevail if the order were revoked, are addressed in the accompanying Issues and Decision Memorandum. A list of topics discussed in the Issues and Decision Memorandum is included as an appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http:// access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. Final Results of Sunset Review Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, Commerce determines that revocation of the antidumping duty order on certain kitchen appliance shelving and racks from China would likely lead to continuation or recurrence of dumping VerDate Sep<11>2014 17:09 Jun 05, 2020 Jkt 250001 and that the magnitude of the margins is up to 95.99 percent.6 Administrative Protective Order (APO) This notice serves as the only reminder to interested parties subject to an 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 the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties We are issuing and publishing these final results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR 351.218. Dated: June 1, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. History of the Order V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of Dumping 2. Magnitude of the Margins Likely to Prevail VII. Final Results of Sunset Review VIII. Recommendation [FR Doc. 2020–12262 Filed 6–5–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–865] Certain Hot-Rolled Carbon Steel Flat Products From the People’s Republic of China: Rescission of Antidumping Duty Administrative Review; 2018– 2019 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is rescinding the AGENCY: 6 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Expedited Second Sunset Review of the Antidumping Duty Order on Certain Kitchen Appliance Shelving and Racks from the People’s Republic of China,’’ dated concurrently with this notice. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 administrative review of the antidumping duty order on certain hotrolled carbon steel flat products (hotrolled steel) from the People’s Republic of China (China) for the period of review (POR) November 1, 2018 through October 31, 2019. DATES: Applicable June 8, 2020. FOR FURTHER INFORMATION CONTACT: Matthew Renkey, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2312. SUPPLEMENTARY INFORMATION: Background On November 1, 2019, Commerce published a notice of opportunity to request an administrative review of the antidumping duty order on hot-rolled steel from China.1 On January 17, 2020, pursuant to a request from interested parties,2 Commerce initiated an administrative review with respect to 238 companies, in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(b).3 On April 16, 2020, the Domestic Interested Parties timely withdrew their request for an administrative review with respect to all of the companies for which a review had been requested.4 No other party requested an administrative review. Rescission of Review Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if the party that requested the review withdraws its request within 90 days of the publication date of the notice of initiation. The Domestic Interested Parties timely withdrew their review request for all companies within 90 days of the publication date of the Initiation Notice. No other party requested an administrative review of the order for this POR. Therefore, in accordance with 19 CFR 351.213(d)(1), we are rescinding this review, in its entirety. 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 84 FR 58690 (November 1, 2019). 2 The following parties requested the review: Nucor Corporation; AK Steel Corporation; ArcelorMittal USA LLC; United States Steel Corporation; California Steel Industries; SSAB Enterprises LLC; and Steel Dynamics, Inc. (Domestic Interested Parties). 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 85 FR 3014 (January 17, 2020) (Initiation Notice). 4 See Domestic Interested Parties’ Letter, ‘‘Withdrawal of Request for Administrative Review,’’ dated April 16, 2020. E:\FR\FM\08JNN1.SGM 08JNN1

Agencies

[Federal Register Volume 85, Number 110 (Monday, June 8, 2020)]
[Notices]
[Pages 34703-34704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12262]


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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 of the Expedited Second Sunset Review 
of the Antidumping Duty Order

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

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

DATES: Applicable June 8, 2020.

FOR FURTHER INFORMATION CONTACT: Rachel Greenberg, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
0652.

SUPPLEMENTARY INFORMATION:

Background

    On September 14, 2009, the Department of Commerce (Commerce) 
published the antidumping duty order on certain kitchen appliance 
shelving and racks from China.\1\ On February 3, 2020, Commerce 
initiated the second sunset review of the Order pursuant to 751(c) of 
the Tariff Act of 1930, as amended (the Act).\2\ Commerce received a 
notice of intent to participate from domestic interested parties, 
Nashville Wire Products, Inc. (Nashville Wire) and SSW Holding Company, 
LLC (SSW), within the deadline specified in 19 CFR 351.218(d)(1)(i).\3\ 
Both Nashville Wire and SSW claimed interested party status under 
section 771(9)(C) of the Act as producers of the domestic like product. 
On March 4, 2020, Commerce received a substantive response from 
Nashville Wire and SSW within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i).\4\ Commerce received no substantive responses from 
respondent interested parties, nor was a hearing requested. On March 
24, 2020, Commerce notified the U.S. International Trade Commission 
(ITC) that it did not receive an adequate substantive response from 
respondent interested parties.\5\ As a result, pursuant to section 
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce 
conducted an expedited (120-day) sunset review of the Order.
---------------------------------------------------------------------------

    \1\ See Certain Kitchen Appliance Shelving and Racks from the 
People's Republic of China: Amended Final Determination of Sales at 
Less Than Fair Value and Notice of Antidumping Duty Order, 74 FR 
46971 (September 14, 2009) (Order).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 85 FR 5940 
(February 3, 2020).
    \3\ See Nashville Wire's and SSW's Letter, ``Kitchen Appliance 
Shelving and Racks from the People's Republic of China--Domestic 
Interested Parties' Notice of Intent to Participate,'' dated 
February 14, 2020.
    \4\ See Nashville Wire's and SSW's Letter, ``Certain Kitchen 
Appliance Shelving and Racks from the People's Republic of China--
Domestic Interested Parties' Substantive Response,'' dated March 4, 
2020.
    \5\ See Commerce's Letter, ``Sunset Reviews Initiated on 
February 3, 2020,'' dated March 24, 2020.
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Scope of the Order

    The product covered by 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

[[Page 34704]]

--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 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 order may by coated 
or uncoated and may by formed and/or welded. Excluded from the scope of 
this order is shelving in which the support surface is glass.

    The merchandise subject to this order is currently classified 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, 8516.90.8010, 7321.90.6040, 8514.90.4000 
and 8419.90.9520. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the scope 
of this order is dispositive.

Analysis of Commerce Received

    All issues raised in this review, including the likelihood of 
continuation or recurrence of dumping in the event of revocation and 
the magnitude of the margins likely to prevail if the order were 
revoked, are addressed in the accompanying Issues and Decision 
Memorandum. A list of topics discussed in the Issues and Decision 
Memorandum is included as an appendix to this notice. The Issues and 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at http://access.trade.gov. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/. The signed Issues and Decision 
Memorandum and the electronic version of the Issues and Decision 
Memorandum are identical in content.

Final Results of Sunset Review

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, 
Commerce determines that revocation of the antidumping duty order on 
certain kitchen appliance shelving and racks from China would likely 
lead to continuation or recurrence of dumping and that the magnitude of 
the margins is up to 95.99 percent.\6\
---------------------------------------------------------------------------

    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Expedited Second Sunset Review of the 
Antidumping Duty Order on Certain Kitchen Appliance Shelving and 
Racks from the People's Republic of China,'' dated concurrently with 
this notice.
---------------------------------------------------------------------------

Administrative Protective Order (APO)

    This notice serves as the only reminder to interested parties 
subject to an 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 the return or 
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and terms 
of an APO is a violation which is subject to sanction.

Notification to Interested Parties

    We are issuing and publishing these final results and notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 
19 CFR 351.218.

    Dated: June 1, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Dumping
    2. Magnitude of the Margins Likely to Prevail
VII. Final Results of Sunset Review
VIII. Recommendation

[FR Doc. 2020-12262 Filed 6-5-20; 8:45 am]
BILLING CODE 3510-DS-P