[Federal Register Volume 74, Number 80 (Tuesday, April 28, 2009)]
[Notices]
[Pages 19196-19197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9660]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-570-933)


Antidumping Duty Order: Frontseating Service Valves from the 
People's Republic of China

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (``the Department'') and the International Trade Commission 
(``ITC''), the Department is issuing an antidumping duty order on 
frontseating service valves (``FSVs'') from the People's Republic of 
China (``PRC'').

EFFECTIVE DATE: April 28, 2009.

FOR FURTHER INFORMATION CONTACT: Eugene Degnan at (202) 482-0414, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On March 13, 2009, the Department published the final determination 
of sales at less than fair value of FSVs from the PRC. See Frontseating 
Service Valves From the People's Republic of China: Final Determination 
of Sales at Less Than Fair Value and Final Negative Determination of 
Critical Circumstances, 74 FR 10886 (March 13, 2009) (``Final 
Determination'').
    On March 18, 2009, Parker-Hannifin Corporation (``Petitioner'') 
submitted a comment alleging that the Department made a ministerial 
error in its calculation of the antidumping duty margin of respondent 
Zhejiang DunAn Hetian Metal Co., Ltd. (``DunAn''). Also on March 18, 
2009, Zhejiang Sanhua Co., Ltd. (``Sanhua'') submitted a comment 
alleging that the Department made a ministerial error in the 
calculation of the antidumping duty margin of Sanhua. On March 23, 
2009, Petitioner submitted a comment arguing that the error alleged by 
Sanhua is not a ministerial error. Also on March 23, 2009, DunAn 
submitted a comment arguing that the error alleged by Petitioner is not 
a ministerial error. On April 16, 2009, the Department determined that 
the allegations of ministerial errors by the Petitioner and Sanhua do 
not meet the requirements under section 735(e) of the Tariff Act of 
1930, as amended (``the Act''), to be considered ministerial errors. 
See Memorandum to Wendy Frankel, ``Final Determination in the 
Antidumping Duty Investigation of Frontseating Service Valves from the 
People's Republic of China: Allegations of Ministerial Errors,'' dated 
April 16, 2009.
    On April 21, 2009, the ITC notified the Department of its final 
determination pursuant to section 735(d) of the Act, that an industry 
in the United States is materially injured within the meaning of 
section 735(b)(1)(A)(i) of the Act by reason of less-than-fair-value 
imports of FSVs from the PRC. See Letter from the ITC to the Secretary 
of Commerce, ``Notification of Final Affirmative Determination of 
Frontseating Service Valves from the People's Republic of China,'' 
Investigation No. 731-TA-1148 (April 21, 2009). Pursuant to section 
736(a) of the Act, the Department is publishing an antidumping duty 
order on the subject merchandise.

Scope of the Order

    The merchandise covered by this order is frontseating service 
valves, assembled or unassembled, complete or incomplete, and certain 
parts thereof. Frontseating service valves contain a sealing surface on 
the front side of the valve stem that allows the indoor unit or outdoor 
unit to be isolated from the refrigerant stream when the air

[[Page 19197]]

conditioning or refrigeration unit is being serviced. Frontseating 
service valves rely on an elastomer seal when the stem cap is removed 
for servicing and the stem cap metal to metal seat to create this seal 
to the atmosphere during normal operation.\1\
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    \1\ The frontseating service valve differs from a backseating 
service valve in that a backseating service valve has two sealing 
surfaces on the valve stem. This difference typically incorporates a 
valve stem on a backseating service valve to be machined of steel, 
where a frontseating service valve has a brass stem. The backseating 
service valve dual stem seal (on the back side of the stem), creates 
a metal to metal seal when the valve is in the open position, thus, 
sealing the stem from the atmosphere.
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    For purposes of the scope, the term ``unassembled'' frontseating 
service valve means a brazed subassembly requiring any one or more of 
the following processes: the insertion of a valve core pin, the 
insertion of a valve stem and/or O ring, the application or 
installation of a stem cap, charge port cap or tube dust cap. The term 
``complete'' frontseating service valve means a product sold ready for 
installation into an air conditioning or refrigeration unit. The term 
``incomplete'' frontseating service valve means a product that when 
sold is in multiple pieces, sections, subassemblies or components and 
is incapable of being installed into an air conditioning or 
refrigeration unit as a single, unified valve without further assembly.
    The major parts or components of frontseating service valves 
intended to be covered by the scope under the term ``certain parts 
thereof'' are any brazed subassembly consisting of any two or more of 
the following components: a valve body, field connection tube, factory 
connection tube or valve charge port. The valve body is a rectangular 
block, or brass forging, machined to be hollow in the interior, with a 
generally square shaped seat (bottom of body). The field connection 
tube and factory connection tube consist of copper or other metallic 
tubing, cut to length, shaped and brazed to the valve body in order to 
create two ports, the factory connection tube and the field connection 
tube, each on opposite sides of the valve assembly body. The valve 
charge port is a service port via which a hose connection can be used 
to charge or evacuate the refrigerant medium or to monitor the system 
pressure for diagnostic purposes.
    The scope includes frontseating service valves of any size, 
configuration, material composition or connection type. Frontseating 
service valves are classified under subheading 8481.80.1095, and also 
have been classified under subheading 8415.90.80.85, of the Harmonized 
Tariff Schedule of the United States (``HTSUS''). It is possible for 
frontseating service valves to be manufactured out of primary materials 
other than copper and brass, in which case they would be classified 
under HTSUS subheadings 8481.80.3040, 8481.80.3090, or 8481.80.5090. In 
addition, if unassembled or incomplete frontseating service valves are 
imported, the various parts or components would be classified under 
HTSUS subheadings 8481.90.1000, 8481.90.3000, or 8481.90.5000. The 
HTSUS subheadings are provided for convenience and customs purposes, 
but the written description of the scope of this proceeding is 
dispositive.

Antidumping Duty Order

    In accordance with section 736(a)(1) of the Act, the Department 
will direct U.S. Customs and Border Protection (``CBP'') to assess, 
upon further information from the Department, antidumping duties equal 
to the amount by which the normal value of the merchandise exceeds the 
export price (or the constructed export price) of the merchandise for 
all relevant entries of FSVs from the PRC. These antidumping duties 
will be assessed on all entries of FSVs entered, or withdrawn from the 
warehouse, for consumption on or after October 22, 2008, the date on 
which the Department published its notice of preliminary determination 
in the Federal Register. See Frontseating Service Valves from the 
People's Republic of China: Preliminary Determination of Sales at Less 
Than Fair Value, Preliminary Negative Determination of Critical 
Circumstances, and Postponement of Final Determination, 73 FR 62952 
(October 22, 2008) (``Preliminary Determination'').

Cash Deposits

    On and after the date of publication of the ITC's notice of final 
determination in the Federal Register, CBP will require, at the same 
time as importers would normally deposit estimated duties on this 
merchandise, cash deposits for the subject merchandise equal to the 
estimated weighted-average antidumping margins listed below.

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            Exporter/Producer Combination               Percent Margin
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Exporter: Zhejiang Sanhua Co., Ltd..................
Producer: Zhejiang Sanhua Co., Ltd..................               28.44
Exporter: Zhejiang DunAn Hetian Metal Co., Ltd......
Producer: Zhejiang DunAn Hetian Metal Co., Ltd......               12.95
PRC-Wide Entity.....................................               55.62
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    This notice constitutes the antidumping duty order with respect to 
FSVs from the PRC, pursuant to section 736(a) of the Act. Interested 
parties may contact the Department's Central Records Unit, Room 1117 of 
the Main Commerce Building, for copies of an updated list of 
antidumping duty orders currently in effect. This order is issued and 
published in accordance with section 736(a) of the Act and 19 CFR 
351.211(b).

    Dated: April 22, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-9660 Filed 4-27-09; 8:45 am]
BILLING CODE 3510-DS-S