[Federal Register Volume 73, Number 247 (Tuesday, December 23, 2008)]
[Notices]
[Pages 78721-78722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30571]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

A-570-941


Certain Kitchen Appliance Shelving and Racks from the People's 
Republic of China: Postponement of the Preliminary Determination of the 
Antidumping Duty Investigation

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

EFFECTIVE DATE: December 23, 2008.

FOR FURTHER INFORMATION CONTACT: Julia Hancock, AD/CVD Operations, 
Office 9, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington DC 20230; telephone: (202) 482-1394.

SUPPLEMENTARY INFORMATION:

Background

    On August 27, 2008, the Department of Commerce (``Department'') 
published the initiation of the antidumping duty investigation of 
imports of certain kitchen appliance shelving and racks from the 
People's Republic of China (``PRC'') covering the period January 1, 
2008, through June 30, 2008. See

[[Page 78722]]

Certain Kitchen Appliance Shelving and Racks from the People's Republic 
of China: Initiation of Antidumping Duty Investigation, 73 FR 50596 
(August 27, 2008).
    On October 8, 2008, the Department selected two mandatory 
respondents in the above referenced investigation based on section 
777(c)(2)(B) of the Tariff Act of 1930, as amended (``Act''), and 
determined that it had the resources to fully investigate only the two 
largest companies, Guandong Wireking Housewares & Hardware Co., Ltd. 
(``Guandong Wireking'') and Asber Enterprises Co., Ltd. (China) 
(``Asber''), of the six exporters that filed quantity and value 
responses. See Memorandum to Stephen J. Claeys, Deputy Assistant 
Secretary for Import Administration, from Julia C. Hancock, Senior 
International Trade Analyst, Office 9, Subject: Selection of 
Respondents for the Antidumping Duty Investigation of Certain Kitchen 
Appliance Shelving and Racks from the People's Republic of China 
(October 8, 2008). Additionally, on October 8, 2008, the Department 
sent its antidumping duty questionnaire to Asber and Guandong 
Wireking.\1\
---------------------------------------------------------------------------

    \1\ See Letter to Asber from Catherine Bertrand, Program 
Manager, AD/CVD Operations, Office 9, Import Administration 
regarding the Antidumping Duty Investigation of Certain Kitchen 
Appliance Shelving and Racks from the People's Republic of China: 
Non-Market Economy Questionnaire, dated October 8, 2008.
---------------------------------------------------------------------------

    On October 23, 2008, one of the two mandatory respondents, Asber, 
filed a letter stating that it will not participate as a mandatory 
respondent in this investigation. On October 31, 2008, in light of 
Asber's refusal to participate, Petitioners\2\ submitted comments 
requesting that the Department select an additional mandatory 
respondent. Additionally, on November 7, 2008, and on November 10, 
2008, Marmon Retail Services Asia Corporation and New King Shan (Zhu 
Hai) Co., Ltd. (``New King Shan'') submitted rebuttal comments arguing 
that the Department must maintain a consistent position with previous 
additional respondent selection decisions.
---------------------------------------------------------------------------

    \2\ Nashville Wire Products, Inc., SSW Holding Company, Inc., 
the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, 
Allied-Industrial and Service Workers International Union and the 
International Association of Machinists and Aerospace Workers, 
District Lodge 6 (Clinton, IA), collectively known as 
``Petitioners''.
---------------------------------------------------------------------------

    On November 19, 2008, the Department selected an additional 
mandatory respondent, New King Shan, pursuant to section 777(c) of the 
Act. See Memorandum to James C. Doyle, Office Director, through 
Catherine Bertrand, Program Manager, from Blaine Wiltse, Case Analyst, 
and Julia Hancock, Senior Case Analyst, Subject: Antidumping Duty 
Investigation: Certain Kitchen Appliance Shelving and Racks from the 
People's Republic of China (``the PRC''): Selection of an Additional 
Mandatory Respondent (November 19, 2008).\3\ Additionally, on November 
21, 2008, the Department sent its antidumping duty questionnaire to New 
King Shan. The preliminary determination of this antidumping duty 
investigation is currently due on January 7, 2009.
---------------------------------------------------------------------------

    \3\ Although Petitioners submitted surrebuttal comments 
regarding the selection of an additional mandatory respondent on 
November 19, 2008, the Department did not consider these comments 
because they were submitted after the Department had selected the 
additional mandatory respondent.
---------------------------------------------------------------------------

Statutory Time Limits

    Pursuant to section 733(c)(1)(B) of the Act, the Department can 
extend the period for a preliminary determination until not later than 
190 days after the date on which the administrative authority initiates 
an investigation if the Department concludes that the parties concerned 
are cooperating and determines that:
    The case is extraordinarily complicated by the reason of (I) the 
number and complexity of the transactions to be investigated or 
adjustments to be considered, (II) the novelty of the issues presented, 
or (III) the number of firms whose activities must be investigated, and 
(ii) additional time is necessary to make the preliminary 
determination.

Extension of Time Limit of Preliminary Determination

    The Department finds that all concerned parties, with the exception 
of Asber, are cooperating in this case, pursuant to section 
733(c)(1)(B) of the Act. Additionally, the Department finds that this 
investigation is extraordinarily complicated, pursuant to section 
733(c)(1)(B)(i) of the Act. Specifically, as requested by Petitioners, 
the Department selected an additional mandatory respondent and the 
Department requires additional time to gather information from this 
additional mandatory respondent. Further, the Department requires 
additional time to gather more information from all mandatory 
respondents regarding the sales process, affiliations, establishing the 
proper date of sale, surrogate values for all factors of production, 
and the methodology used to report factors of production. Moreover, the 
Department requires additional time to evaluate the separate rate 
applications. Finally, the Department has not yet received all 
responses to its initial questionnaire and supplemental questionnaires, 
and thus requires more time to analyze the responses and issue any 
additional supplemental questionnaires, as needed.
    Therefore, for the reasons identified above, we are postponing the 
preliminary determination under section 733(c)(1)(B) of the Act by 
fifty days from January 7, 2009, to February 26, 2009.
    This notice is published pursuant to sections 733(c)(2) of the Act 
and 19 CFR 351.205(f)(1).

    Dated: December 3, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-30571 Filed 12-22-08; 8:45 am]
BILLING CODE 3510-DS-S