[Federal Register Volume 85, Number 110 (Monday, June 8, 2020)]
[Notices]
[Pages 35061-35063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12365]


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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 the Expedited Second Sunset Review 
of the Countervailing Duty Order

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

SUMMARY: The Department of Commerce (Commerce) finds that revocation of 
the countervailing duty (CVD) order on certain kitchen appliance 
shelving and racks (kitchen racks) from the People's Republic of China 
(China) would be likely to lead to continuation or recurrence of 
countervailing subsidies 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,

[[Page 35062]]

Washington, DC 20230; telephone: (202) 482-3053.

SUPPLEMENTARY INFORMATION:

Background

    On September 14, 2009, Commerce published in the Federal Register 
the CVD order on kitchen racks from China.\1\ On February 3, 2020, 
Commerce published the notice of initiation of the second sunset review 
of the Order, pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (the Act).\2\ On February 14, 2020, Commerce received a timely-
filed notice of intent to participate from Nashville Wire Products, 
Inc. and SSW Holding Company, LLC (collectively, the domestic 
interested parties), within the deadline specified in 19 CFR 
351.218(d)(1)(i).\3\ The domestic interested parties claimed interested 
party status under section 771(9)(C) of the Act as producers of the 
domestic like product in the United States.
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    \1\ See Certain Kitchen Appliance Shelving and Racks from the 
People's Republic of China: Countervailing Duty Order, 74 FR 46973 
(September 14, 2009) (Order).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 85 FR 5940 
(February 3, 2020) (Initiation Notice).
    \3\ See Domestic Interested Parties' 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.
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    On March 4, 2020, Commerce received an adequate substantive 
response to the Initiation Notice from the domestic interested parties 
within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).\4\ We 
received no substantive responses from any other interested parties, 
including the Government of China, nor was a hearing requested. On 
March 24, 2020, Commerce notified the U.S. International Trade 
Commission 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)(B)-(C), Commerce 
conducted an expedited (120-day) sunset review of the Order.
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    \4\ See Domestic Interested Parties' 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 scope of this 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 subject 
merchandise''). 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
--Side racks from 6 inches by 8 inches by 0.10 inch to 16 inches by 30 
inches by 4 inches; or
--Subframes from 6 inches by 10 inches by 0.10 inch to 28 inches by 34 
inches by 6 inches.

    The subject merchandise 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 0.20 inch. The subject merchandise 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 sunset review are addressed in the 
accompanying Issues and Decision Memorandum,\6\ which is hereby adopted 
by this notice. The issues discussed in the Issues and Decision 
Memorandum are the likelihood of continuation or recurrence of a 
countervailable subsidy and the net countervailable subsidy likely to 
prevail if the Order were revoked. 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 on the internet at 
http://enforcement.trade.gov/frn/. The signed and electronic versions 
of the Issues and Decision Memorandum are identical in content.
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    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Expedited Second Sunset Review of the 
Countervailing Duty Order on Certain Kitchen Appliance Shelving and 
Racks from the People's Republic of China,'' dated concurrently with 
this notice (Issues and Decision Memorandum).
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Final Results of Sunset Review

    Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce 
determines that revocation of the Order would likely lead to 
continuation or recurrence of countervailable subsidy at the rates 
listed below.

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                                                            Net subsidy
                    Exporter/producer                     rate (percent)
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Guangdong Wire King Co., Ltd. (formerly known as Foshan            19.13
 Shunde Wireking Housewares & Hardware).................
Asber Enterprises Co., Ltd. (China).....................          175.03
Changzhou Yixiong Metal Products Co., Ltd...............          154.12
Foshan Winleader Metal Products Co., Ltd................          154.12
Kingsun Enterprises Group Co, Ltd.......................          154.12
Yuyao Hanjun Metal Work Co./Yuyao Hanjun Metal Products           154.12
 Co., Ltd...............................................
Zhongshan Iwatani Co., Ltd..............................          154.12

[[Page 35063]]

 
All Others..............................................           17.51
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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(b), and 777(i)(1) of the Act and 
19 CFR 351.218. Note that Commerce has temporarily modified certain of 
its requirements for serving documents containing business proprietary 
information, until July 17, 2020, unless extended.\7\
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    \7\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension of Effective Period, 85 FR 29615 (May 18, 
2020).

    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 a Countervailable 
Subsidy
    2. Net Countervailable Subsidy Rate Likely to Prevail
    3. Nature of the Subsidies
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2020-12365 Filed 6-5-20; 8:45 am]
BILLING CODE 3510-DS-P