MESSAGE NO: 9008212 DATE: 1/8/2009

CATEGORY: CVD TYPE: PRE

REFERENCE: REFERENCE DATE:

CASES: C-570-942

PERIOD COVERED: 01/07/2009

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS, PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: NOTICE OF PRELIMINARY DETERMINATION IN A COUNTERVAILING, DUTY
INVESTIGATION OF KITCHEN APPLIANCE SHELVING AND, RACKS FROM CHINA
(C-570-942)

1\. ON 01/07/09, COMMERCE WILL PUBLISH IN THE FEDERAL REGISTER

ITS PRELIMINARY AFFIRMATIVE DETERMINATION AND ALIGNMENT OF ITS

FINAL COUNTERVAILING DUTY DETERMINATION OF CERTAIN KITCHEN

APPLIANCE SHELVING AND RACKS FROM THE PEOPLE\'S REPUBLIC OF

CHINA FROM 03/07/09 UNTIL NO LATER THAN 05/12/09, THEREBY

ALIGNING IT WITH THE DUE DATE FOR THE FINAL DETERMINATION IN

THE ANTIDUMPING DUTY INVESTIGATION OF CERTAIN KITCHEN APPLIANCE

SHELVING AND RACKS FROM THE PEOPLE\'S REPUBLIC OF CHINA.

2.THE SCOPE OF THIS INVESTIGATION 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 0.1 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 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 0.2 INCH. THE SUBJECT

MERCHANDISE MAY BE COATED OR UNCOATED AND MAY BE FORMED AND/OR

WELDED. EXCLUDED FROM THE SCOPE OF THIS INVESTIGATION IS

SHELVING IN WHICH THE SUPPORT SURFACE IS GLASS.

THE MERCHANDISE SUBJECT TO THIS INVESTIGATION IS CURRENTLY

CLASSIFIABLE IN THE HARMONIZED TARIFF SCHEDULE OF THE UNITED

STATES (\"HTSUS\") STATISTICAL REPORTING NUMBERS 8418.99.80.50,

7321.90.50.00, 7321.90.60.90 AND 8516.90.80.00. ALTHOUGH THE

HTSUS SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND CUSTOMS

PURPOSES, THE WRITTEN DESCRIPTION OF THE SCOPE OF THIS

INVESTIGATION IS DISPOSITIVE.

3\. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED

INVESTIGATION NUMBER C-570-942.

4\. FOR IMPORTS OF CERTAIN KITCHEN APPLIANCE SHELVING AND RACKS

FROM THE PEOPLE\'S REPUBLIC OF CHINA, CBP SHALL SUSPEND

LIQUIDATION OF SUCH SHIPMENTS ENTERED, OR WITHDRAWN FROM

WAREHOUSE, FOR CONSUMPTION, ON OR AFTER 01/07/2009. EFFECTIVE

01/07/2009, CBP SHALL REQUIRE, FOR SUCH ENTRIES, A CASH DEPOSIT

OR THE POSTING OF A BOND EQUAL TO THE SUBSIDY RATES SHOWN

BELOW:

PRODUCER: ALL OTHERS

EXPORTER: ALL OTHERS

CASE NUMBER: C-570-942-000

CASH DEPOSIT RATE: 13.22%

PRODUCER: GUANGDONG WIRE KING CO., LTD.

(FORMERLY KNOWN AS FOSHAN SHUNDE WIREKING HOUSEWARES & HARDWARE

EXPORTER: GUANGDONG WIRE KING CO., LTD.

(FORMERLY KNOWN AS FOSHAN SHUNDE WIREKING HOUSEWARES &

HARDWARE)

CASE NUMBER: C-570-942-001

SUBSIDY RATE: 13.22%

PRODUCER: ASBER ENTERPRISES CO., LTD. (CHINA)

EXPORTER: ASBER ENTERPRISES CO., LTD. (CHINA)

CASE NUMBER: C-570-942-002

SUBSIDY RATE: 197.14%

PRODUCER: CHANGZHOU YIXIONG METAL PRODUCTS CO., LTD.

EXPORTER: CHANGZHOU YIXIONG METAL PRODUCTS CO., LTD.

CASE NUMBER: C-570-942-003

SUBSIDY RATE: 162.87%

PRODUCER: FOSHAN WINLEADER METAL PRODUCTS CO., LTD.

EXPORTER: FOSHAN WINLEADER METAL PRODUCTS CO., LTD.

CASE NUMBER: C-570-942-004

SUBSIDY RATE: 162.87%

PRODUCER: KINGSUN ENTERPRISES GROUP CO, LTD.

EXPORTER: KINGSUN ENTERPRISES GROUP CO, LTD.

CASE NUMBER: C-570-942-005

SUBSIDY RATE: 162.87%

PRODUCER: YUYAO HANJUN METAL WORK CO. (AKA YUYAO HANJUN METAL

PRODUCTS CO., LTD.)

EXPORTER: YUYAO HANJUN METAL WORK CO. (AKA YUYAO HANJUN METAL

PRODUCTS CO., LTD.)

CASE NUMBER: C-570-942-006

SUBSIDY RATE: 162.87%

PRODUCER: ZHONGSHAN IWATANI CO., LTD.

EXPORTER: ZHONGSHAN IWATANI CO., LTD.

CASE NUMBER: C-570-942-007

SUBSIDY RATE: 162.87%

5\. IF ANY ENTRIES OF THIS MERCHANDISE ARE EXPORTED BY A FIRM

OTHER THAN THE MANUFACTURER, THEN THE FOLLOWING INSTRUCTIONS

APPLY:

A. IF THE EXPORTER OF THE SUBJECT MERCHANDISE DOES NOT HAVE ITS

OWN RATE BUT THE MANUFACTURER HAS ITS OWN RATE, THE CASH

DEPOSIT OR BONDING RATE WILL BE THE MANUFACTURER\'S RATE.

B. WHERE NEITHER THE EXPORTER NOR THE MANUFACTURER CURRENTLY

HAS ITS OWN RATE OR THE MANUFACTURER IS UNKNOWN, USE THE \"ALL

OTHERS\" RATE OF 13.22 PERCENT TO ESTABLISH THE CASH DEPOSIT OR

BONDING RATE.

6\. IN ACCORDANCE WITH T.D. 85-145, AT THE DISCRETION OF CBP,

CUSTOMS OFFICERS MAY ACCEPT EITHER A SINGLE-ENTRY BASIC

IMPORTATION AND ENTRY BOND OR A CONTINUOUS BASIC IMPORTATION

AND ENTRY BOND ONLY IF THE AMOUNT OF THE ESTIMATED ANTIDUMPING

OR COUNTERVAILING DUTY IS LESS THAN FIVE PERCENT AD VALOREM (OR

THE EQUIVALENT). OTHERWISE, WHERE THE IMPORTER HAS THE OPTION

TO POST A BOND FOR ESTIMATED ANTIDUMPING OR COUNTERVAILING

DUTIES, CUSTOMS OFFICERS MUST REQUIRE A SINGLE-ENTRY BASIC

IMPORTATION AND ENTRY BOND PURSUANT TO T.D. 85-147. YOU ARE

INSTRUCTED TO ADHERE TO THE REQUIREMENTS OF T.D. 85-145 WITH

RESPECT TO THESE BONDING REQUIREMENTS.

7\. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP

OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE

CONTACT DAVINA HASHMI OR RON TRENTHAM AT THE OFFICE OF AD/CVD

OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE

ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984

OR (202) 482-3577, RESPECTIVELY (GENERATED BY O1: SH).

8\. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS

INFORMATION.

DAVID M. GENOVESE