[Federal Register Volume 77, Number 195 (Tuesday, October 9, 2012)]
[Notices]
[Pages 61385-61387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24847]


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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: Antidumping Duty Administrative Review, 2010-2011

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

SUMMARY: In response to requests from interested parties, the 
Department of Commerce (``Department'') is conducting the 
administrative review of the antidumping duty order on certain kitchen 
appliance shelving and racks from the People's Republic of China 
(``PRC'') for the period of review (``POR'') September 1, 2010, through 
August 31, 2011. The Department has preliminarily determined that New 
King Shan (Zhu Hai) Wire Co., Ltd. (``NKS'') did not sell subject 
merchandise in the United States at prices below normal value.

DATES: Effective Date: October 9, 2012.

FOR FURTHER INFORMATION CONTACT: Katie Marksberry, AD/CVD Operations, 
Office 9, Import Administration, International Trade Administration, 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-7906.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The scope of this order consists of shelving and racks for 
refrigerators, freezers, combined refrigerator-freezers, other 
refrigerating or freezing equipment, cooking stoves, ranges, and ovens.
    The merchandise subject to this order is currently classifiable 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, and 
8419.90.9520. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written product description, 
available in 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

[[Page 61386]]

FR 46971 (September 14, 2009), remains dispositive.

PRC-Wide Entity

    Petitioners timely requested an administrative review for Asia 
Pacific CIS (Wuxi) Co., Ltd., Hengtong Hardware Manufacturing (Huizhou) 
Co., Ltd., Weixi, and Leader Metal Industry Co., Ltd. (aka Marmon 
Retail Services Asia), companies which do not have a separate rate, and 
then timely withdrew their requests for review of the above-mentioned 
companies.\1\ Because these companies have not established their 
eligibility for a separate rate, they will continue to be considered 
part of the PRC-wide entity. Although the PRC-wide entity is not under 
review for these preliminary results, the possibility exists that the 
PRC-wide entity could be under review for the final results of this 
administrative review. Therefore, as these companies are part of the 
PRC-wide entity, their disposition will be the same as the PRC-wide 
entity, and will be addressed in the final results.
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    \1\ See Letter to the Department from Petitioners, Re: 
Withdrawal of Requests for Second Administrative Review of the 
Antidumping Duty Order, dated January 10, 2012.
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Methodology

    The Department has conducted this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). 
Constructed export prices have been calculated in accordance with 
section 772 of the Act. Because the PRC is a nonmarket economy within 
the meaning of section 771(18) of the Act, normal value has been 
calculated in accordance with section 773(c). Specifically, the NKS's 
factors of production have been valued in Thai prices, which is 
economically comparable to the PRC and is a significant producer of 
comparable merchandise.
    For a full description of the methodology underlying our 
conclusions, please see ``Decision Memorandum for Preliminary Results 
for the Antidumping Duty Administrative Review of Certain Kitchen 
Appliance Shelving and Racks from the People's Republic of China,'' 
(``Preliminary Decision Memorandum'') from Christian Marsh, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty Operations 
to Paul Piquado, Assistant Secretary for Import Administration, dated 
concurrently with these results and hereby adopted by this notice. The 
Preliminary Decision Memorandum is a public document and is on file 
electronically via Import Administration's Antidumping and 
Countervailing Duty Centralized Electronic Service System (``IA 
ACCESS''). IA ACCESS is available to registered users at http://iaaccess.trade.gov and in the Central Records Unit (``CRU''), room 7046 
of the main Department of Commerce building. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
on the internet at http://www.trade.gov/ia/. The signed Preliminary 
Decision Memorandum and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.

Preliminary Results of Review

    The Department preliminarily determines that the following 
weighted-average dumping margin exists.

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                                             Weighted  average  dumping
                 Exporter                              margin
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New King Shan (Zhu Hai) Co., Ltd.........  0.00% (de minimis)
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Disclosure and Public Comment

    The Department will disclose the calculations used in our analysis 
to parties in this review within five days of the date of publication 
of this notice. Interested parties, who wish to request a hearing, or 
to participate if one is requested, must submit a written request to 
the Assistant Secretary for Import Administration, U.S. Department of 
Commerce, filed electronically using Import Administration's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (IA ACCESS). An electronically filed document must be received 
successfully in its entirety by the Department's electronic records 
system, IA ACCESS, by 5 p.m. Eastern Time within 30 days after the date 
of publication of this notice.\2\ Requests should contain the party's 
name, address, and telephone number, the number of participants, and a 
list of the issues to be discussed. If a request for a hearing is made, 
the Department will inform parties of the scheduled date for the 
hearing which will be held at the U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230, at a time and 
location to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing. Interested parties are invited 
to comment on the preliminary results of this review.
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    \2\ See 19 CFR 351.310(c).
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    The Department will consider case briefs filed by interested 
parties within 30 days after the date of publication of this notice in 
the Federal Register.\3\ Interested parties may file rebuttal briefs, 
limited to issues raised in the case briefs.\4\ The Department will 
consider rebuttal briefs filed not later than five days after the time 
limit for filing case briefs. Parties who submit arguments are 
requested to submit with each argument a statement of the issue, a 
brief summary of the argument, and a table of authorities cited. The 
Department intends to issue the final results of this administrative 
review, including the results of our analysis of issues raised in the 
written comments, within 120 days of publication of these preliminary 
results in the Federal Register.
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    \3\ See 19 CFR 351.309(c)(1)(ii).
    \4\ See 19 CFR 351.309(d).
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Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and U.S. Customs and Border Protection (``CBP'') shall assess, 
antidumping duties on all appropriate entries covered by this 
review.\5\ The Department intends to issue assessment instructions to 
CBP 15 days after the publication date of the final results of this 
review. For any individually examined respondent whose weighted average 
dumping margin is above de minimis (i.e., 0.50 percent) in the final 
results of this review, the Department 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 sales, in accordance with 19 CFR 351.212(b)(1). In 
these preliminary results, the Department applied the assessment rate 
calculation method adopted in Final Modification for Reviews, i.e., on 
the basis of monthly average-to-average comparisons using only the 
transactions associated with that importer with offsets being provided 
for non-dumped comparisons.
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    \5\ See 19 CFR 351.212(b).
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    Where the Department calculates a weighted-average dumping margin 
by dividing the total amount of dumping for reviewed sales to that 
party by the total sales quantity associated with those transactions, 
the Department will direct CBP to assess importer-specific assessment 
rates based on the resulting per-unit rates. Where an importer- (or 
customer-) specific ad valorem or per-unit rate is greater than de 
minimis, the Department will instruct CBP to collect the appropriate 
duties at the time of liquidation.\6\ Where an importer- (or customer-) 
specific ad valorem or per-unit rate is zero or de minimis, the

[[Page 61387]]

Department will instruct CBP to liquidate appropriate entries without 
regard to antidumping duties.\7\
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    \6\ See 19 CFR 351.212(b)(1).
    \7\ See 19 CFR 351.106(c)(2).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for 
shipments of the subject merchandise from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by sections 751(a)(2)(C) of the Act: (1) For NKS, which has a 
separate rate, the cash deposit rate will be that established in the 
final results of this review (except, if the rate is zero or de 
minimis, then zero cash deposit will be required); (2) for previously 
investigated or reviewed PRC and non-PRC exporters not listed above 
that received a separate rate in a prior segment of this proceeding, 
the cash deposit rate will continue to be the existing exporter-
specific rate; (3) for all PRC exporters of subject merchandise that 
have not been found to be entitled to a separate rate, the cash deposit 
rate will be that for the PRC-wide entity; and (4) for all non-PRC 
exporters of subject merchandise which have not received their own 
rate, the cash deposit rate will be the rate applicable to the PRC 
exporter that supplied that non-PRC exporter. These 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 Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This determination is issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).

    Dated: October 1, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-24847 Filed 10-5-12; 8:45 am]
BILLING CODE 3510-DS-P