[Federal Register Volume 74, Number 103 (Monday, June 1, 2009)]
[Notices]
[Pages 26204-26206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12649]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-933]


Notice of Correction to Antidumping Duty Order: Frontseating 
Service Valves From the People's Republic of China

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

DATES: Effective Date: June 1, 2009.

FOR FURTHER INFORMATION CONTACT: Eugene Degnan at (202) 482-0414, 
Import Administration, International Trade Administration, U.S. 
Department

[[Page 26205]]

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 frontseating service valves 
(``FSVs'') from the People's Republic of China (``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 April 21, 2009, the International Trade 
Commission (``ITC'') notified the Department of Commerce (``the 
Department'') of its final determination pursuant to section 735(d) of 
the Tariff Act of 1930, as amended (``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); see also Frontseating 
Service Valves From China; Determination, 74 FR 19107 (April 27, 2009). 
On April 28, 2009, pursuant to section 736(a) of the Act, the 
Department published the antidumping duty order on FSVs from the PRC. 
See Antidumping Duty Order: Frontseating Service Valves from the 
People's Republic of China, 74 FR 19196 (April 28, 2009) (``Order'').

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 
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.

Correction to Antidumping Duty Order

    In the Order, the Department stated that in accordance with section 
736(a)(1) of the Act, it 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. We 
further stated that these antidumping duties will be assessed on all 
unliquidated 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'').
    However, the Department inadvertently neglected to state that 
section 733(d) of the Act states that instructions issued pursuant to 
an affirmative preliminary determination may not remain in effect for 
more than four months except where exporters representing a significant 
proportion of exports of the subject merchandise request the Department 
to extend that four-month period to no more than six months. At the 
request of the exporters that account for a significant proportion of 
FSVs in the PRC, we extended the four-month period to no more than six 
months. See Letter from Zhejiang DunAn Precision Industries Co., Ltd., 
Zhejiang DunAn Hetian Metal Co., Ltd. (``DunAn Hetian'') (October 7, 
2008). In the underlying investigation, the six-month period beginning 
on the date of the publication of the preliminary determination ended 
on April 20, 2009. Furthermore, section 737(b) of the Act states that 
definitive duties are to begin on the date of publication of the ITC's 
final injury determination.
    Publication of the ITC final injury determination took place on 
April 27, 2009. See Frontseating Service Valves From China; 
Determination, 74 FR

[[Page 26206]]

19107 (April 27, 2009). Therefore, in accordance with section 733(d) of 
the Act and our practice, we will instruct CBP to terminate the 
suspension of liquidation and to liquidate, without regard to 
antidumping duties, unliquidated entries of FSVs from the PRC entered, 
or withdrawn from warehouse, for consumption after April 20, 2009, and 
through April 26, 2009, the day preceding the date of publication of 
the ITC's final injury determination in the Federal Register. 
Suspension of liquidation will resume on and after April 27, 2009, the 
date of publication of the ITC's final injury determination in the 
Federal Register.
    Pursuant to section 735(c)(1) of the Act, CBP should continue to 
require, effective April 27, 2009, a cash deposit equal to the 
estimated weighted-average dumping margins as listed in the Order.
    This notice constitutes a correction to the antidumping duty order 
with respect to FSVs from the PRC. This corrected order is published in 
accordance with the section 736(a) of the Act and 19 CFR 351.211.

    Dated: May 26, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-12649 Filed 5-29-09; 8:45 am]
BILLING CODE 3510-DS-P