[Federal Register Volume 78, Number 171 (Wednesday, September 4, 2013)]
[Notices]
[Pages 54450-54452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21464]


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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: Preliminary Results of Antidumping Duty 
Administrative Review; 2011-2012

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

SUMMARY: The Department of Commerce (``Department'') is conducting an 
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, 2011, through 
August 31, 2012. The review covers one exporter of subject merchandise, 
New King Shan (Zhu Hai) Wire Co., Ltd. (``New King Shan''). We have 
preliminarily found that New King Shan did not make sales of subject 
merchandise at less than normal value (``NV'').

DATES:  Effective Date: September 4, 2013.

FOR FURTHER INFORMATION CONTACT: Emeka Chukwudebe, AD/CVD Operations, 
Office 9, Import Administration, International Trade Administration, 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-0219.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The merchandise covered by this Order \1\ is certain kitchen 
appliance shelving and racks. The subject merchandise is currently 
classifiable under Harmonized Tariff Schedule of the United States 
(``HTSUS'') subheadings: 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. The HTSUS subheadings are provided for convenience and 
customs purposes only; the written product description of the scope of 
the order is dispositive.\2\
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    \1\ See 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 FR 
46971 (September 14, 2009) (``Order'').
    \2\ See the ``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''), dated concurrent with and 
adopted by this notice, for a complete description of the Scope of 
the Order.
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PRC-Wide Entity

    Although a review was requested for Jiangsu Weixi Group Co. 
(``Weixi''), a company named in the Initiation Notice,\3\ such request 
was timely withdrawn. However, we are not rescinding the review for 
this company at this time. While the request for review of Weixi was 
timely withdrawn, Weixi does not have a separate rate and, therefore, 
currently remains 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, we are not 
rescinding the review with respect to Weixi at this time, but we intend 
to rescind the review with respect to Weixi in the final results if the 
PRC-wide entity is not reviewed.
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    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 77 FR 
65858 (October 31, 2012) (``Initiation Notice'').
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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, NV has been calculated in 
accordance with section 773(c) of the Act. Specifically, the Department 
preliminarily selected Thailand as the surrogate country, which is 
economically comparable to the PRC and is a significant producer of 
comparable merchandise. Thus, we calculated NV using Thai surrogate 
values, when available, to value the respondents' factors of production 
(``FOPs'').
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. 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, 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 and electronic versions of the

[[Page 54451]]

Preliminary Decision Memorandum are identical in content.

Preliminary Results of Review

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

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                          Exporter                             dumping
                                                                margin
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New King Shan (Zhu Hai) Co., Ltd.\4\.......................        0.00%
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Disclosure and Public Comment

    The Department intends to disclose calculations performed for these 
preliminary results to the parties within five days after the date of 
publication of these preliminary results.\5\ Interested parties may 
submit written comments no later than 30 days after the date of 
publication of these preliminary results of review.\6\ Rebuttals 
briefs, limited to issues raised in case briefs, may be filed no later 
than five days after the time limit for filing the case briefs, as 
specified by 19 CFR 351.309(d).
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    \4\ In the first administrative review, the Department found New 
King Shan affiliated with certain entities and treated New King Shan 
and one of its affiliated entities as a single entity. Because there 
were no changes to the facts which supported that decision in the 
present review, we continue to find New King Shan and its affiliate 
to be a single entity in the third administrative review. Therefore, 
we will assign this rate to New King Shan and its affiliated entity. 
See the ``Affiliation'' section of the Preliminary Decision 
Memorandum.
    \5\ See 19 CFR 351.224(b).
    \6\ See 19 CFR 351.309(c).
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    Interested parties that wish to request a hearing, or 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 IA ACCESS. An electronically filed document must 
be received successfully in its entirety by the Department's IA ACCESS 
by 5:00 p.m. Eastern Standard Time within 30 days of publication of 
this notice.\7\ Hearing requests should contain the following 
information: (1) The party's name, address, and telephone number; (2) 
the number of participants; and (3) a list of the issues to be 
discussed. Oral presentations will be limited to issues raised in the 
briefs. If a request for a hearing is made, parties will be notified of 
the time and date for the hearing to be held at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.\8\
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    \7\ See 19 CFR 351.310(c).
    \8\ See id.
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    The Department intends to issue the final results of this 
administrative review, which will include the results of its analysis 
of issues raised in any such comments, within 120 days of publication 
of these preliminary results, pursuant to section 751(a)(3)(A) of the 
Act and 19 CFR 351.213(h), unless this deadline is extended.

Deadline for Submission of Publicly Available Surrogate Value 
Information

    In accordance with 19 CFR 351.301(c)(3)(ii), the deadline for 
submission of publicly available information to value FOPs under 19 CFR 
351.408(c) is 20 days after the date of publication of the preliminary 
results. In accordance with 19 CFR 351.301(c)(1), if an interested 
party submits factual information less than ten days before, on, or 
after (if the Department has extended the deadline), the applicable 
deadline for submission of such factual information, an interested 
party may submit factual information to rebut, clarify, or correct the 
factual information no later than ten days after such factual 
information is served on the interested party. However, the Department 
generally will not accept in the rebuttal submission additional or 
alternative surrogate value information not previously on the record, 
if the deadline for submission of surrogate value information has 
passed.\9\ Furthermore, the Department generally will not accept 
business proprietary information in either the surrogate value 
submissions or the rebuttals thereto, as the regulation regarding the 
submission of surrogate values allows only for the submission of 
publicly available information.\10\
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    \9\ See, e.g., Glycine from the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review and Final 
Rescission, in Part, 72 FR 58809 (October 17, 2007), and 
accompanying Issues and Decision Memorandum at Comment 2.
    \10\ See 19 CFR 351.301(c)(3).
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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.\11\ The Department intends to issue assessment instructions to 
CBP 15 days after the publication date of the final results of this 
review.
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    \11\ See 19 CFR 351.212(b).
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    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.\12\
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    \12\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification for Reviews, 77 FR 8101 
(February 14, 2012) (``Final Modification'').
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    We will instruct CBP to assess antidumping duties on all 
appropriate entries covered by these reviews. Where either the 
respondent's weighted-average dumping margin is zero or de minimis, or 
an importer-specific assessment rate is zero or de minimis, we will 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties.\13\
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    \13\ See id.
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    The Department announced a refinement to its assessment practice in 
NME cases. Pursuant to this refinement in practice, for entries that 
were not reported in the U.S. sales databases submitted by companies 
individually examined during this review, the Department will instruct 
CBP to liquidate such entries at the PRC-wide rate. Additionally, if 
the Department determines that an exporter had no shipments of the 
subject merchandise, any suspended entries that entered under that 
exporter's case number (i.e., at that exporter's rate) will be 
liquidated at the PRC-wide rate.\14\
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    \14\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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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 section 751(a)(2)(C) of the Act: (1) For New King Shan, the 
cash deposit rate will be the rate established in the final results of 
this review (except, if the rate is zero or de minimis, i.e., less than 
0.50 percent, then zero cash deposits 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-

[[Page 54452]]

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.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h) and 
351.221(b)(4).

    Dated: August 28, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix



List of Topics Discussed in the Preliminary Decision Memorandum

1. Background
2. Scope of the Order
3. PRC-Wide Entity
4. Affiliations
5. New King Shan Affiliation/Single Entity
6. Nonmarket Economy Country
7. Separate Rates
8. Surrogate Country and Surrogate Value Data
9. Surrogate Country
10. Economic Comparability
11. Significant Producers of Identical or Comparable Merchandise
12. Data Availability
13. Date of Sale
14. Comparisons to Normal Value
15. U.S. Price--Constructed Export Price
16. Normal Value
17. Factor Valuations
18. Currency Conversion
19. Adjustment Under Section 777A(f) of the Act
20. Conclusion

[FR Doc. 2013-21464 Filed 9-3-13; 8:45 am]
BILLING CODE 3510-DS-P