[Federal Register Volume 78, Number 70 (Thursday, April 11, 2013)]
[Notices]
[Pages 21594-21595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08514]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-942]


Certain Kitchen Appliance Shelving and Racks From the People's 
Republic of China: Final Results of Countervailing Duty Administrative 
Review; 2010

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

SUMMARY: The Department of Commerce (``Department'') has completed its 
administrative review of the countervailing duty (``CVD'') order on 
certain kitchen appliance shelving and racks from the People's Republic 
of China (``PRC'') for the period January 1, 2010, through December 31, 
2010. The final net subsidy rate for New King Shan (Zhu Hai) Co., Ltd. 
(``NKS'') is listed below in the section entitled ``Final Results of 
the Review.''

DATES: Effective Date: April 11, 2013.

FOR FURTHER INFORMATION CONTACT: Jennifer Meek or Mary Kolberg, Office 
of AD/CVD Operations, Office 1, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
2778 and (202) 482-1785, respectively.

SUPPLEMENTARY INFORMATION:

Background

    Following the Preliminary Results,\1\ the Department sent two 
supplemental questionnaires to NKS regarding certain subsidy programs. 
NKS submitted its timely responses on October 23, 2012,

[[Page 21595]]

and November 28, 2012. NKS submitted a case brief on December 10, 2012. 
SSW Holding Company, Inc. and Nashville Wire Products, Inc. 
(collectively ``Petitioners''), submitted a rebuttal brief on December 
17, 2012.
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    \1\ See Certain Kitchen Appliance Shelving and Racks From the 
People's Republic of China: Countervailing Duty Administrative 
Review; 2010, 77 FR 61396 (October 9, 2012) (``Preliminary 
Results''), as corrected by Certain Kitchen Appliance Shelving and 
Racks from the People's Republic of China: Countervailing Duty 
Administrative Review, 2010; Correction, 77 FR 72324 (December 5, 
2012).
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    On February 4, 2013, we placed on the record of this review pricing 
information for wire rod, hot-rolled steel coil, and cold- rolled steel 
coil.\2\ NKS commented on these prices on February 19, 2013. On March 
8, 2013, we placed on the record of this review the ``Regulations of 
the People's Republic of China on Import and Export Duties,'' which we 
obtained from the Web site of the Ministry of Commerce of the People's 
Republic of China.\3\ No party commented on this information.
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    \2\ See Memorandum to the File from Jennifer Meek regarding, 
``Countervailing Duty Administrative Review: Certain Kitchen 
Appliance Shelving and Oven Racks from the People's Republic of 
China: Benchmark Information Currently On the Record,'' (February 4, 
2013).
    \3\ See Memorandum to the File from Jennifer Meek regarding, 
``Countervailing Duty Administrative Review: Certain Kitchen 
Appliance Shelving and Oven Racks from the People's Republic of 
China: Chinese Customs Regulations for Imports,'' (March 8, 2013).
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Scope of the Order

    The merchandise subject to the order is shelving and racks for 
refrigerators, freezers, combined refrigerator-freezers, other 
refrigerating or freezing equipment, cooking stoves, ranges, and ovens. 
These products are currently classified under the Harmonized Tariff 
Schedule of the United States (``HTSUS'') item numbers 8418.99.80.50, 
7321.90.50.00, 7321.90.60.40, 7321.90.60.90, 8418.99.80.60, 
8419.90.95.20, 8516.90.80.00, and 8516.90.80.10. The HTSUS subheadings 
are provided for convenience and customs purposes. A full description 
of the scope is contained in the Memorandum from Gary Taverman, Senior 
Advisor for Antidumping and Countervailing Duty Operations, to Ronald 
K. Lorentzen, Acting Assistant Secretary for Import Administration, 
entitled ``Issues and Decision Memorandum for the Final Results of the 
Countervailing Duty Administrative Review: Certain Kitchen Appliance 
Shelving and Racks from the People's Republic of China,'' dated 
concurrently with this notice (``Issues and Decision Memorandum''), 
which is hereby adopted by this notice.

Analysis of Comments Received

    All issues raised in the parties' briefs are addressed in the 
Issues and Decision Memorandum. A list of the issues raised is attached 
to this notice as Appendix I. The Issues and 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, room 7046 of the main Department of Commerce building. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly on the internet at http://www.trade.gov/ia/. The 
signed Issues and Decision Memorandum and the electronic versions of 
the Issues and Decision Memorandum are identical in content.

Use of Facts Otherwise Available and Adverse Inferences

    For purposes of these final results, we have continued to rely on 
facts available and apply adverse inferences in accordance with 
sections 776(a) and (b), respectively, of the Tariff Act of 1930, as 
amended (``Act''), with regard to: (1) Whether suppliers of steel strip 
and wire rod are authorities under the Wire Rod and Steel Strip at Less 
than Adequate Remuneration programs; and (2) the specificity of various 
grants listed in NKS' financial statements. A full discussion of our 
decision to apply adverse facts available is presented in the Issues 
and Decision Memorandum under the section ``Use of Facts Otherwise 
Available and Adverse Inferences.''

Final Results of the Review

    In accordance with 19 CFR 351.221(b)(5), we calculated the subsidy 
rate shown below for the mandatory respondent, NKS.

------------------------------------------------------------------------
                                                           Net subsidy
                   Producer/exporter                      rate (percent)
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New King Shan (Zhu Hai) Co., Ltd.......................           12.06
------------------------------------------------------------------------

Assessment Rates

    The Department intends to issue appropriate assessment instructions 
directly to U.S. Customs and Border Protection (``CBP'') 15 days after 
publication of these final results of review, to liquidate shipments of 
subject merchandise by NKS entered, or withdrawn from warehouse, for 
consumption on or after January 1, 2010, through December 31, 2010.

Cash Deposit Instructions

    The Department also intends to instruct CBP to collect cash 
deposits of estimated countervailing duties in the amount shown above 
on shipments of subject merchandise by NKS entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of the 
final results of this review. For all non-reviewed companies, we will 
instruct CBP to continue to collect cash deposits at the most recent 
company-specific or country-wide rate applicable to the company. 
Accordingly, the cash deposit rates that will be applied to companies 
covered by this order, but not examined in this review, are those 
established in the most recently completed segment of the proceeding 
for each company. These cash deposit requirements, when imposed, shall 
remain in effect until further notice.

Administrative Protective Order

    This notice serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return or destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: April 5, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix I

    List of Comments in the Issues and Decision Memorandum:

Comment 1: Application of CVD Law to the PRC
Comment 2: Benchmark Calculation for the Wire Rod for Less Than 
Adequate Remuneration (``LTAR'') Program
Comment 3: Inclusion of Ocean Freight in the Benchmark Calculations
Comment 4: NKS' February 19, 2013 Comments Regarding the 
Department's Placement of Information on the Record

[FR Doc. 2013-08514 Filed 4-10-13; 8:45 am]
BILLING CODE 3510-DS-P