[Federal Register Volume 85, Number 110 (Monday, June 8, 2020)]
[Notices]
[Pages 35063-35064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12262]


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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: Final Results of the Expedited Second Sunset Review 
of the Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) finds that revocation of 
the antidumping duty order on certain kitchen appliance shelving and 
racks from the People's Republic of China (China) would be likely to 
lead to continuation or recurrence of dumping at the levels indicated 
in the ``Final Results of Sunset Review'' section of this notice.

DATES: Applicable June 8, 2020.

FOR FURTHER INFORMATION CONTACT: Rachel Greenberg, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
0652.

SUPPLEMENTARY INFORMATION:

Background

    On September 14, 2009, the Department of Commerce (Commerce) 
published the antidumping duty order on certain kitchen appliance 
shelving and racks from China.\1\ On February 3, 2020, Commerce 
initiated the second sunset review of the Order pursuant to 751(c) of 
the Tariff Act of 1930, as amended (the Act).\2\ Commerce received a 
notice of intent to participate from domestic interested parties, 
Nashville Wire Products, Inc. (Nashville Wire) and SSW Holding Company, 
LLC (SSW), within the deadline specified in 19 CFR 351.218(d)(1)(i).\3\ 
Both Nashville Wire and SSW claimed interested party status under 
section 771(9)(C) of the Act as producers of the domestic like product. 
On March 4, 2020, Commerce received a substantive response from 
Nashville Wire and SSW within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i).\4\ Commerce received no substantive responses from 
respondent interested parties, nor was a hearing requested. On March 
24, 2020, Commerce notified the U.S. International Trade Commission 
(ITC) that it did not receive an adequate substantive response from 
respondent interested parties.\5\ As a result, pursuant to section 
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce 
conducted an expedited (120-day) sunset review of the Order.
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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 Initiation of Five-Year (Sunset) Reviews, 85 FR 5940 
(February 3, 2020).
    \3\ See Nashville Wire's and SSW's Letter, ``Kitchen Appliance 
Shelving and Racks from the People's Republic of China--Domestic 
Interested Parties' Notice of Intent to Participate,'' dated 
February 14, 2020.
    \4\ See Nashville Wire's and SSW's Letter, ``Certain Kitchen 
Appliance Shelving and Racks from the People's Republic of China--
Domestic Interested Parties' Substantive Response,'' dated March 4, 
2020.
    \5\ See Commerce's Letter, ``Sunset Reviews Initiated on 
February 3, 2020,'' dated March 24, 2020.
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Scope of the Order

    The product covered by the Order consists of shelving and racks for 
refrigerators, freezers, combined refrigerator-freezers, other 
refrigerating or freezing equipment, cooking stoves, ranges, and ovens 
(``certain kitchen appliance shelving and racks'' or ``the merchandise 
under order''). Certain kitchen appliance shelving and racks are 
defined as shelving, baskets, racks (with or without extension slides, 
which are carbon or stainless steel hardware devices that are connected 
to shelving, baskets, or racks to enable sliding), side racks (which 
are welded wire support structures for oven racks that attach to the 
interior walls of an oven cavity that does not include support ribs as 
a design feature), and subframes (which are welded wire support 
structures that interface with formed support ribs inside an oven 
cavity to support oven rack assemblies utilizing extension slides) with 
the following dimensions:

--Shelving and racks with dimensions: ranging from 3 inches by 5 inches 
by 0.10 inch to 28 inches by 34 inches by 6 inches; or
--baskets with dimensions ranging from 2 inches by 4 inches by 3 inches 
to 28 inches by 34 inches by 16 inches; or

[[Page 35064]]

--side racks from 6 inches by 8 inches by 0.1 inch to 16 inches by 30 
inches by 4 inches; or
--subframes from 6 inches by 10 inches by 0.1 inch to 28 inches by 34 
inches by 6 inches.

The merchandise under order is comprised of carbon or stainless steel 
wire ranging in thickness from 0.050 inch to 0.500 inch and may include 
sheet metal of either carbon or stainless steel ranging in thickness 
from 0.020 inch to 0.2 inch. The merchandise under order may by coated 
or uncoated and may by formed and/or welded. Excluded from the scope of 
this order is shelving in which the support surface is glass.

    The merchandise subject to this order is currently classified 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, 8514.90.4000 
and 8419.90.9520. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the scope 
of this order is dispositive.

Analysis of Commerce Received

    All issues raised in this review, including the likelihood of 
continuation or recurrence of dumping in the event of revocation and 
the magnitude of the margins likely to prevail if the order were 
revoked, are addressed in the accompanying Issues and Decision 
Memorandum. A list of topics discussed in the Issues and Decision 
Memorandum is included as an appendix to this notice. 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 (ACCESS). ACCESS is available to 
registered users at http://access.trade.gov. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/. The signed Issues and Decision 
Memorandum and the electronic version of the Issues and Decision 
Memorandum are identical in content.

Final Results of Sunset Review

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, 
Commerce determines that revocation of the antidumping duty order on 
certain kitchen appliance shelving and racks from China would likely 
lead to continuation or recurrence of dumping and that the magnitude of 
the margins is up to 95.99 percent.\6\
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    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Expedited Second Sunset Review of the 
Antidumping Duty Order on Certain Kitchen Appliance Shelving and 
Racks from the People's Republic of China,'' dated concurrently with 
this notice.
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Administrative Protective Order (APO)

    This notice serves as the only reminder to interested parties 
subject to an APO of their responsibility concerning the return or 
destruction of proprietary information disclosed under APO in 
accordance with 19 CFR 351.305. Timely notification of the return or 
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and terms 
of an APO is a violation which is subject to sanction.

Notification to Interested Parties

    We are issuing and publishing these final results and notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 
19 CFR 351.218.

    Dated: June 1, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Dumping
    2. Magnitude of the Margins Likely to Prevail
VII. Final Results of Sunset Review
VIII. Recommendation

[FR Doc. 2020-12262 Filed 6-5-20; 8:45 am]
BILLING CODE 3510-DS-P