[Federal Register Volume 78, Number 205 (Wednesday, October 23, 2013)]
[Notices]
[Pages 63166-63167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-24836]


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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: Countervailing Duty Administrative Review; 2011

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

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the countervailing duty order on certain 
kitchen appliance shelving and racks (kitchen racks) from the People's 
Republic of China (PRC). The period of review (POR) is January 1, 2011, 
through December 31, 2011. We preliminarily determine that New King 
Shan (Zhu Hai) Co., Ltd. (NKS) received countervailable subsidies 
during the POR. We are also rescinding this review for Jiangsu Weixi 
Group Co. (Weixi).

DATES: Effective October 23, 2013.

FOR FURTHER INFORMATION CONTACT: Jennifer Meek or Josh Morris, 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) 482-1779, respectively.

Scope of the Order

    This order covers shelving and racks for refrigerators, freezers, 
combined refrigerator-freezers, other refrigerating or freezing 
equipment, cooking stoves, ranges, and ovens. The merchandise subject 
to the order is currently classifiable under the Harmonized Tariff 
Schedule of the United States (HTSUS) 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. Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written product description remains dispositive.
    A full description of the scope of the order is contained in the 
memorandum from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations to Paul

[[Page 63167]]

Piquado, Assistant Secretary for Import Administration, ``Decision 
Memorandum for Preliminary Results for the Countervailing Duty 
Administrative Review: Kitchen Appliance Shelving and Racks from the 
People's Republic of China,'' dated concurrently with this notice 
(Preliminary Decision Memorandum), which is 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, 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.

Partial Rescission of the Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), we are rescinding this 
administrative review with respect to Weixi because the review request 
was timely withdrawn.

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). For each 
of the subsidy programs found countervailable, we preliminarily 
determine that there is a subsidy, i.e., a government-provided 
financial contribution that gives rise to a benefit to the recipient, 
and that the subsidy is specific.\1\ In making these findings, we have 
relied, in part, on facts available and, because one or more 
respondents did not act to the best of their ability to respond to the 
Department's requests for information, we have drawn an adverse 
inference in selecting from among the facts otherwise available.\2\ 
Finally, we were not able to make a preliminary determination of 
countervailability for one program because we require further 
information.\3\ We intend to seek that information and address the 
program in a post-preliminary analysis prior to our final results.
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    \1\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity. For a 
full description of the methodology underlying our conclusions, see 
Preliminary Decision Memorandum.
    \2\ See sections 776(a) and (b) of the Act. For further 
discussion, see Preliminary Decision Memorandum at ``Use of Facts 
Otherwise Available and Adverse Inferences.''
    \3\ See Preliminary Decision Memorandum at ``Programs for Which 
More Information is Required.''
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Preliminary Results of the Review

    As a result of this review, we preliminarily determine a net 
subsidy rate of 8.52 percent for NKS for the period January 1, 2011, 
through December 31, 2011.

Assessment Rates

    For Weixi, countervailing duties shall be assessed at rates equal 
to the cash deposit of estimated countervailing duties required at the 
time of entry, or withdrawal from warehouse, for consumption, during 
the period January 1, 2011, through December 31, 2011, in accordance 
with 19 CFR 351.212(c)(1)(i). The Department intends to issue 
appropriate assessment instructions directly to U.S. Customs and Border 
Protection (CBP) 15 days after publication of this notice. For NKS, we 
intend to issue instructions to CBP 15 days after publication of the 
final results of this review.

Cash Deposit Instructions

    The Department also intends to instruct CBP to collect cash 
deposits of estimated countervailing duties in the amount shown above 
for NKS. For all non-reviewed firms, we will instruct CBP to continue 
to collect cash deposits of estimated countervailing duties at the most 
recent company-specific or all-others rate applicable to the company. 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.

Disclosure and Public Comment

    The Department will disclose to parties to this proceeding the 
calculations performed in reaching the preliminary results within five 
days of the date of publication of these preliminary results.\4\ Due to 
the Department's intention to release a post-preliminary analysis 
memorandum, interested parties may submit written comments (case 
briefs) no later than one week after the issuance of that memorandum 
and rebuttal comments (rebuttal briefs) within five days after the time 
limit for filing case briefs. Pursuant to 19 CFR 351.309(d)(2), 
rebuttal briefs must be limited to issues raised in the case briefs. 
Parties who submit arguments are requested to submit with the argument: 
(1) A statement of the issue; (2) a brief summary of the argument; and 
(3) a table of authorities.
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    \4\ See 19 CFR 351.224(b).
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    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 within 
30 days after the date of publication of this notice.\5\ 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, we 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.\6\ Parties should 
confirm by telephone the date, time, and location of the hearing.
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    \5\ See 19 CFR 351.310(c).
    \6\ See 19 CFR 351.310.
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    Parties are reminded that briefs and hearing requests are to be 
filed electronically using IA ACCESS and that electronically filed 
documents must be received successfully in their entirety by 5:00 p.m. 
Eastern Time on the due date.
    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act, the Department will issue the final results of this 
administrative review, including the results of our analysis of the 
issues raised by the parties in their comments, within 120 days after 
issuance of these preliminary results.
    This administrative review and notice are issued and published in 
accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 
351.213.

    Dated: September 30, 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. Use of Facts Otherwise Available and Adverse Inferences
4. Subsidies Valuation Information
5. Analysis of Programs

[FR Doc. 2013-24836 Filed 10-22-13; 8:45 am]
BILLING CODE 3510-DS-P