[Federal Register Volume 79, Number 51 (Monday, March 17, 2014)]
[Notices]
[Pages 14668-14670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-05832]


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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; 2011

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce (Department) 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, 2011, through December 31, 2011. 
The final net subsidy rate for New King Shan

[[Page 14669]]

(Zhu Hai) Co., Ltd. (NKS) is listed below in the section entitled 
``Final Results of the Review.''

DATES: Effective Date: March 17, 2014.

FOR FURTHER INFORMATION CONTACT: Jennifer Meek or Josh Morris, Office 
of AD/CVD Operations, Office I, Enforcement and Compliance, 
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.

Background

    Following the Preliminary Results,\1\ the Department sent a 
supplemental questionnaire to NKS regarding the Exemption from City 
Maintenance and Construction Taxes and Education Fee Surcharges for 
Foreign Invested Enterprises (FIEs) in Guandong Province program. NKS 
submitted its timely response on November 6, 2013. The Department 
completed a post-preliminary analysis memorandum on December 17, 
2013.\2\ NKS submitted a case brief on December 27, 2013. SSW Holding 
Company, Inc. and Nashville Wire Products, Inc. (collectively 
``Petitioners'') submitted a rebuttal brief on January 3, 2014.
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    \1\ See Certain Kitchen Appliance Shelving and Racks from the 
People's Republic of China: Countervailing Duty Administrative 
Review; 2011, 78 FR 63166 (October 23, 2013) (Preliminary Results).
    \2\ See Memorandum to Ronald K. Lorentzen, Acting Assistant 
Secretary for Enforcement and Compliance, through Christian Marsh, 
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, through Thomas Gilgunn, Acting Office Director, Office 
I, Antidumping and Countervailing Duty Operations, from Jennifer 
Meek, Office I, Antidumping and Countervailing Duty Operations, 
regarding, ``Countervailing Duty Administrative Review: Certain 
Kitchen Appliance Shelving and Oven Racks from the People's Republic 
of China: Post-Preliminary Analysis Memorandum,'' (December 17, 
2013).
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    As explained in the memorandum from the Assistant Secretary for 
Enforcement and Compliance, the Department exercised its discretion to 
toll deadlines for the duration of the closure of the Federal 
Government from October 1, through October 16, 2013.\3\ Therefore, all 
deadlines in this segment of the proceeding have been extended by 16 
days. Since the new deadline fell on a non-business day, in accordance 
with the Department's practice, the revised deadline for the final 
results of this review was modified to March 10, 2014.
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    \3\ See Memorandum for the Record from Paul Piquado, Assistant 
Secretary for Enforcement and Compliance, ``Deadlines Affected by 
the Shutdown of the Federal Government'' (October 18, 2013).
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Scope of the Order

    The scope of the 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 Piquado, 
Assistant Secretary for Enforcement and Compliance, ``Decision 
Memorandum for Final Results for the Countervailing Duty Administrative 
Review: Kitchen Appliance Shelving and Racks from the People's Republic 
of China,'' dated concurrently with this notice (Issues and Decision 
Memorandum), and 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 an Appendix. The Issues and Decision Memorandum is a 
public document and is on file electronically via Enforcement and 
Compliance'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://enforcement.trade.gov/frn/. The signed Issues 
and Decision Memorandum and the electronic versions of the Issues and 
Decision Memorandum are identical in content.

Methodology

    The Department conducted this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (Act). A full 
description of the methodology underlying all of the Department's 
conclusions, including our decision to apply facts otherwise available 
with an adverse inference, is presented in the Issues and Decision 
Memorandum.

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 (%)
------------------------------------------------------------------------
New King Shan (Zhu Hai) Co., Ltd........................            8.52
------------------------------------------------------------------------

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, 2011, through December 31, 2011, at 
the ad valorem assessment rate listed above.

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 of estimated 
countervailing duties at the most recent company-specific or all-others 
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.

[[Page 14670]]

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: March 10, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum:

1. Summary
2. Period of Review
3. Scope of the Order
4. Attribution of Subsidies
5. Allocation of Subsidies
6. Subsidies Valuation Information--Benchmarks
7. Use of Facts Otherwise Available and Adverse Inferences
8. Developments Since the Preliminary Results
9. Analysis of Programs
10. Analysis of Comments
    Comment 1: Benchmark Calculation for the Wire Rod for Less Than 
Adequate Remuneration (``LTAR'') Program
    Comment 2: Inclusion of VAT in the Wire Rod for LTAR Benchmark 
Calculation
[FR Doc. 2014-05832 Filed 3-14-14; 8:45 am]
BILLING CODE 3510-DS-P