[Federal Register Volume 85, Number 200 (Thursday, October 15, 2020)]
[Notices]
[Pages 65345-65346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22807]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-941, C-570-942]


Certain Kitchen Appliance Shelving and Racks From the People's 
Republic of China: Continuation of Antidumping Duty Order and 
Countervailing Duty Order

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

SUMMARY: As a result of the determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC) that 
revocation of the antidumping duty (AD) and countervailing duty (CVD) 
orders on certain kitchen appliance shelving and racks from the 
People's Republic of China (China) would likely lead to continuation or 
recurrence of dumping, countervailable subsidies, and material injury 
to an industry in the United States, Commerce is publishing a notice of 
continuation of the AD and CVD orders.

DATES: Applicable October 15, 2020.

FOR FURTHER INFORMATION CONTACT: Rachel Greenberg, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-0652.

SUPPLEMENTARY INFORMATION:

Background

    On September 14, 2009, Commerce published the AD and CVD orders on 
certain kitchen appliance shelving and racks from China.\1\ On February 
3, 2020, the ITC instituted,\2\ and Commerce initiated,\3\ the second 
sunset reviews of the Orders, pursuant to section 751(c) of the Tariff 
Act of 1930, as amended (the Act). As a result of its reviews, Commerce 
determined that revocation of the Orders would likely lead to 
continuation or recurrence of dumping and countervailing subsidies and, 
therefore, notified the ITC of the magnitude of the margins and net 
countervailable subsidy rates likely to prevail should the Orders be 
revoked.\4\
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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); and Certain Kitchen Appliance Shelving 
and Racks from the People's Republic of China: Countervailing Duty 
Order, 74 FR 46973 (September 14, 2009) (collectively, Orders).
    \2\ See Certain Kitchen Appliance Shelving and Racks from China; 
Institution of Five-Year Reviews, 85 FR 5980 (February 3, 2020).
    \3\ See Initiation of Five-Year (Sunset) Reviews, 85 FR 5940 
(February 3, 2020).
    \4\ See 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, 85 FR 35063 (June 8, 
2020); and 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, 85 FR 35061 (June 8, 
2020).
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    On October 6, 2020, the ITC published its determination, pursuant 
to sections 751(c) and 752(a) of the Act, that revocation of the Orders 
would likely lead to continuation or recurrence of material injury to 
an industry in the United States within a reasonably foreseeable 
time.\5\
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    \5\ See Kitchen Appliance Shelving and Racks from China, 85 FR 
63139 (October 6, 2020).
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Scope of the Orders

    The product covered by the Orders 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
--side racks from 6 inches by 8 inches by 0.1 inch to 16 inches by 30 
inches by 4 inches; or

[[Page 65346]]

--subframes from 6 inches by 10 inches by 0.1 inch to 28 inches by 34 
inches by 6 inches.

    The merchandise under the Orders 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 the 
Orders may by coated or uncoated and may by formed and/or welded. 
Excluded from the scope of the Orders is shelving in which the support 
surface is glass.
    The merchandise subject to the Orders 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, and 8516.90.8000. Although the HTSUS subheadings are 
provided for convenience and customs purposes, the written description 
of the scope of the Orders is dispositive.

Continuation of the Orders

    As a result of the determinations by Commerce and the ITC that 
revocation of the Orders would likely lead to a continuation or a 
recurrence of dumping and countervailable subsidies, as well as 
material injury to an industry in the United States, pursuant to 
section 751(d)(2) of the Act, Commerce hereby orders the continuation 
of the Orders.
    U.S. Customs and Border Protection will continue to collect AD and 
CVD cash deposits at the rates in effect at the time of entry for all 
imports of subject merchandise. The effective date of the continuation 
of the Orders will be the date of publication in the Federal Register 
of this notice of continuation. Pursuant to section 751(c)(2) of the 
Act, Commerce intends to initiate the next five-year reviews of the 
Orders not later than 30 days prior to the fifth anniversary of the 
effective date of continuation.

Notification to Interested Parties

    These five-year sunset reviews and this notice are in accordance 
with section 751(c) of the Act and published pursuant to section 
777(i)(1) of the Act and 19 CFR 351.218(f)(4).

    Dated: October 8, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-22807 Filed 10-14-20; 8:45 am]
BILLING CODE 3510-DS-P