Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Notices 46971 

DEPARTMENT OF COMMERCE 

International Trade Administration 

A–570–941 

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 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: Based on affirmative final 

determinations by the Department of 

Commerce (the ‘‘Department’’) and the 

International Trade Commission 

(‘‘ITC’’), the Department is issuing an 

antidumping duty order on certain 

kitchen appliance shelving and racks 

from the People’s Republic of China 

(‘‘PRC’’). On September 2, 2009, the ITC 

notified the Department of its 

affirmative determination of material 

injury to a U.S. industry. See Certain 

Kitchen Appliance Shelving and Racks 

from China (Investigation No. 731–TA– 

1154 (Final), USITC Publication 4098, 

(August 2009). 

EFFECTIVE DATE: September 14, 2009. 

FOR FURTHER INFORMATION CONTACT: Julia 

Hancock or Kathleen Marksberry, AD/ 

CVD Operations, Office 9, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington, DC, 20230; 

telephone: (202) 482–1394 or (202) 482– 

7906, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

In accordance with sections 735(d) 

and 777(i)(1) of the Tariff Act of 1930, 

as amended, (‘‘Act’’), the Department 

published the final determination of 

sales at less than fair value (‘‘LTFV’’) in 

the antidumping investigation of certain 

kitchen appliance shelving and racks 

from the People’s Republic of China 

(‘‘PRC’’). See Certain Kitchen Appliance 

Shelving and Racks From the People’s 

Republic of China: Final Determination 

of Sales at Less Than Fair Value, 74 FR 

36656 (July 24, 2009) (‘‘Final 

Determination’’). 

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 

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 

-- 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 be coated or uncoated 

and may be 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 classifiable 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 this order is dispositive. 

Amendment to the Final Determination 

On July 27, 2009, New King Shan 

(Zhu Hai) Co., Ltd. (‘‘New King Shan’’) 

filed timely allegations that the 

Department made various ministerial 

errors in the Final Determination and 

requested, pursuant to 19 CFR 351.224, 

that the Department correct the alleged 

ministerial errors in the calculation of 

its margin. Specifically, New King Shan 

alleged that (1) the Department failed to 

adjust for different currencies in 

calculating its indirect selling expenses 

(‘‘ISEs’’); (2) the Department 

miscalculated the ISE ratios; and (3) the 

Department’s decision to value steel 

wire rod using the JPC data for 6mm and 

8mm steel wire rod was based on a 

failure to examine all of the data on the 

record. On August 3, 2009, Petitioners 

submitted comments in rebuttal to New 

King Shan’s ministerial error comments. 

No other parties in this proceeding 

submitted comments on the 

Department’s final margin calculations. 

A ministerial error is defined as an 

error ‘‘in addition, subtraction, or other 

arithmetic function, clerical error 

resulting from inaccurate copying, 

duplication, or the like, and any other 

type of unintentional error which the 

{Department} considers ministerial.’’ 

See section 735(e) of the Act; see also 

19 CFR 351.224(f). 

After analyzing all interested party 

comments and rebuttals, we have 

determined, in accordance with section 

735(e) of the Act and 19 CFR 351.224(e), 

that we made a ministerial error in our 

calculations for the Final Determination 

with respect to New King Shan. For a 

detailed discussion of this ministerial 

error, as well as the Department’s 

analysis of this error and other 

allegations raised, see Memorandum to 

James C. Doyle, Director, Office 9, 

through Catherine Bertrand, Program 

Manager, from Kathleen Marksberry, 

Case Analyst: Antidumping Duty 

Investigation of Certain Kitchen 

Appliance Shelving and Racks from the 

People’s Republic of China: Analysis of 

Ministerial Error Allegations, dated 

concurrent with this Federal Register 

notice. 

Additionally, in the Final 

Determination, we determined that 

several companies qualified for a 

separate rate. See Final Determination, 

74 FR 36660. Because the only other 

mandatory respondent, Guangdong 

Wireking Housewares & Hardwares Co., 

Ltd. (‘‘Wireking’’), received a margin 

based on total adverse facts available 

(‘‘AFA’’) in the Final Determination, the 

separate rate for these companies was 

New King Shan’s calculated rate. See 

id.; see also Memorandum to Ronald K. 

Lorentzen, Acting Assistant Secretary 

for Import Administration from John M. 

Andersen, Acting Deputy Assistant 

Secretary for Antidumping and 

Countervailing Duty Operations: Certain 

Kitchen Appliance Shelving and Racks 

from the People’s Republic of China: 

Issues and Decision Memorandum for 

the Final Determination, (July 20, 2009) 

at Comment 17A (‘‘Issues and Decision 

Memo’’). Therefore, because the margin 

for New King Shan has changed since 

the Final Determination the separate 

rate has changed as well, it is now 43.09 

percent. The revised dumping margins 

are listed in the chart below. See 


cprice-sewell on DSK2BSOYB1PROD with NOTICES
46972 Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Notices 

Memorandum to the File through 

Catherine Bertrand, Program Manager, 

from Kathleen Marksberry, Analyst; 

Investigation of Certain Kitchen 

Appliance Shelving and Racks from the 

People’s Republic of China: Amended 

Final Analysis of New King Shan (Zhu 

Hai) Co., Ltd., dated concurrent with 

this Federal Register notice. 

Continuation of Suspension of 

Liquidation 

In accordance with section 

735(c)(1)(B) of the Act, we will instruct 

U.S. Customs and Border Protection 

(‘‘CBP’’) to suspend liquidation on all 

entries of subject merchandise from the 

PRC. We will also instruct CBP to 

require cash deposits equal to the 

estimated amount by which the normal 

value exceeds the U.S. price as 

indicated in the chart below. These 

instructions suspending liquidation will 

remain in effect until further notice. 

Additionally, in the Final 

Determination, the Department noted 

that it has continued to find in its CVD 

Final that the products under 

investigation, exported and produced by 

Wireking, benefitted from an export 

subsidy. See Final Determination, 74 FR 

at 36660–61; Certain Kitchen Appliance 

Shelving and Racks from the People’s 

Republic of China: Final Affirmative 

Countervailing Duty Determination, 74 

FR 37012 (July 27, 2009) (‘‘CVD Final’’). 

The following subsidies were 

determined in the CVD Final: Income 

Tax reduction for Export Oriented FIEs: 

countervailable subsidy of 0.94 percent; 

and Local Income Tax Reduction for 

‘‘Productive’’ FIEs: countervailable 

subsidy of 0.23 percent. In the CVD 

Final, Wireking’s rate was assigned to 

the All–Others rate as it was the only 

rate that was not zero, de minimis, or 

based on total facts available. 

Accordingly, as the countervailing duty 

rate for New King Shan, Marmon Retail 

Services Asia, Hangzhou Dunli Import & 

Export Co., Ltd., Jiangsu Weixi Group 

Co., is the All–Others rate, which 

includes two countervailable export 

subsidies, we will instruct CBP to 

require an antidumping duty cash 

deposit or the posting of a bond for each 

entry equal to the weighted–average 

margin indicated above for these 

companies adjusted for the 

countervailing duties imposed to offset 

export subsidies determined in the CVD 

Final. The adjusted cash deposit rate for 

New King Shan is 41.92 percent and, as 

the antidumping duty cash deposit rate 

assigned to the separate rate companies 

is New King Shan’s rate, the adjusted 

cash deposit rate for Marmon Retail 

Services Asia, Hangzhou Dunli Import & 

Export Co., Ltd., Jiangsu Weixi Group 

Co. also is 41.92 percent. 

ANTIDUMPING DUTY ORDER 

Antidumping Duty Order 

On September 2, 2009, in accordance 

with section 735(d) of the Act, the ITC 

notified the Department of its final 

determination in this investigation. In 

its determination, the ITC found two 

domestic like products: (1) refrigeration 

shelving; and (2) oven racks, covering 

the scope of subject merchandise subject 

to the investigation. The ITC determined 

that imports of refrigeration shelving 

from the PRC caused material injury to 

a domestic industry, and oven racks 

from the PRC threaten material injury to 

a domestic industry. Since the ITC made 

different affirmative injury 

determinations for both domestic like 

products, the Department must instruct 

U.S. Customs and Border protection to 

assess antidumping duties on entries of 

oven racks separately from refrigerator 

shelves. When we make a 

determination, either for one or more 

than one class or kind of merchandise, 

our determination that there is dumping 

or subsidization is specific to each class 

or kind of merchandise. In this case, we 

calculated final determination dumping 

margins for a single class or kind of 

merchandise. 

Refrigeration Shelving 

Because the ITC determined that 

imports of refrigeration shelving from 

the PRC are materially injuring a U.S. 

industry, all unliquidated entries of 

such refrigeration shelving from the 

PRC, entered or withdrawn from 

warehouse, are also subject to the 

assessment of antidumping duties. 

In accordance with section 736 of the 

Act, the Department will also direct CBP 

to assess antidumping duties on all 

unliquidated entries of refrigeration 

shelving from the PRC entered, or 

withdrawn from warehouse, for 

consumption on or after March 5, 2009, 

the date on which the Department 

published its preliminary determination 

notice in the Federal Register (74 FR 

9591). 

Oven Racks 

According to section 736(b)(2) of the 

Act, duties shall be assessed on subject 

merchandise entered, or withdrawn 

from warehouse, for consumption on or 

after the date of publication of the ITC’s 

notice of final determination if that 

determination is based on the threat of 

material injury and is not accompanied 

by a finding that injury would have 

resulted without the imposition of 

suspension of liquidation of entries 

since the Department’s preliminary 

determination. In addition, section 

736(b)(2) of the Act requires CBP to 

refund any cash deposits or bonds of 

estimated antidumping duties posted 

since the preliminary antidumping 

determination if the ITC’s final 

determination is threat–based. 

Because the ITC’s final determination 

for oven racks is based on the threat of 

material injury and is not accompanied 

by a finding that injury would have 

resulted but for the imposition of 

suspension of liquidation of entries 

since the Certain Kitchen Appliance 

Shelving and Racks from the People’s 

Republic of China: Preliminary 

Determination of Sales at Less Than 

Fair Value, 74 FR 9591 (March 5, 2009) 

(‘‘Preliminary Determination’’), section 

736(b)(2) of the Act is applicable. 

Therefore, the Department will direct 

CBP to assess, upon further advice, 

antidumping duties on all unliquidated 

entries of oven racks from the PRC 

entered, or withdrawn from warehouse, 

for consumption on or after the date of 

publication of the ITC’s notice of final 

determination of threat of material 

injury in the Federal Register. See 1– 

Hydroxyethylidene–1, 1–Diphosphonic 

Acid from India and the People’s 

Republic of China: Antidumping Duty 

Orders, 74 FR 19197, 19198 (April 28, 

2009). In addition, section 736(b)(2) of 

the Act requires CBP to refund any cash 

deposits or bonds of estimated 

antidumping duties posted since the 

preliminary antidumping determination 

and prior to the ITC’s notice of final 

determination. 

Therefore, the Department will direct 

CBP to terminate the suspension of 

liquidation for entries of oven racks 

from the PRC entered, or withdrawn 

from warehouse, for consumption before 

the date on which the ITC published its 

notice of final determination of threat of 

material injury in the Federal Register, 

and to release any bond or other 

security, and refund any cash deposit, 

posted to secure the payment of 

estimated antidumping duties with 

respect to these entries. 

In accordance with section 736 of the 

Act, the Department will also direct CBP 

to assess antidumping duties on all 

unliquidated entries of oven racks from 

the PRC entered, or withdrawn from 

warehouse, for consumption on or after 

the date on which the ITC published its 

notice of final determination of threat of 

material injury in the Federal Register. 

Effective on the date of publication of 

the ITC’s final affirmative injury 

determination, CBP will require, at the 

same time as importers would normally 

deposit estimated duties on this subject 

merchandise (e.g., both refrigeration 

shelving and oven racks), a cash deposit 


cprice-sewell on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Notices 46973 

equal to the estimated weighted–average 

antidumping duty margins as listed 

below. See section 735(c)(3) of the Act. 

The ‘‘PRC–wide’’ rate applies to all 

exporters of subject merchandise not 

specifically listed. The weighted– 

average dumping margins are as follows: 

Exporter Producer WA Margin 

Guangdong Wireking Housewares & Hardware Co., Ltd. (a/k/a Foshan 

Shunde Wireking Housewares & Hardware Co., Ltd.) .................................... Guangdong Wireking Housewares & 

Hardware Co., Ltd. 

95.99 

New King Shan (Zhu Hai) Co., Ltd. .................................................................... New King Shan (Zhu Hai) Co., Ltd. 43.09 

Marmon Retail Services Asia .............................................................................. Leader Metal Industry Co., Ltd. (a/k/a 

Marmon Retail Services Asia) 

43.09 

Hangzhou Dunli Import & Export Co., Ltd. .......................................................... Hangzhou Dunli Industry Co., Ltd. 43.09 

Jiangsu Weixi Group Co. ..................................................................................... Jiangsu Weixi Group Co. 43.09 

PRC–wide Entity (including Asber Enterprise Co., Ltd. (China)) ........................ ...................................................................... 95.99 

This notice constitutes the 

antidumping duty order with respect to 

certain kitchen appliance shelving and 

racks from the PRC pursuant to section 

736(a) of the Act. Interested parties may 

contact the Department’s Central 

Records Unit, Room 1117 of the main 

Commerce building, for copies of an 

updated list of antidumping duty orders 

currently in effect. 

This order is published in accordance 

with section 736(a) of the Act and 19 

CFR 351.211. 

Dated: September 8, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. E9–22023 Filed 9–9–09; 4:15 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Application(s) for Duty–Free Entry of 

Scientific Instruments 

Pursuant to Section 6(c) of the 

Educational, Scientific and Cultural 

Materials Importation Act of 1966 (Pub. 

L. 89–651, as amended by Pub. L. 106– 

36; 80 Stat. 897; 15 CFR part 301), we 

invite comments on the question of 

whether instruments of equivalent 

scientific value, for the purposes for 

which the instruments shown below are 

intended to be used, are being 

manufactured in the United States. 

Comments must comply with 15 CFR 

301.5(a)(3) and (4) of the regulations and 

be postmarked on or before October 5, 

2009. Address written comments to 

Statutory Import Programs Staff, Room 

3720, U.S. Department of Commerce, 

Washington, DC 20230. Applications 

may be examined between 8:30 A.M. 

and 5:00 P.M. at the U.S. Department of 

Commerce in Room 3720. 

Docket Number: 09–048. Applicant: 

North Dakota State University, 1301 

12th Ave. North, Fargo, ND 58102. 

Instrument: Electron Microscope. 

Manufacturer: FEI Company, Czech 

Republic. Intended Use: The instrument 

will be used to inspect semiconductor 

devices and micro sensors; study 

nanoparticles, nanotubes, polymers and 

composites; and to create micro to 

nanoscale channels for fluidics research. 

Justification for Duty–Free Entry: No 

instruments of same general category are 

manufactured in the United States. 

Application accepted by Commissioner 

of Customs: August 18, 2009. 

Docket Number: 09–049. Applicant: 

Washington State University, 220 

French Administration Building, P.O. 

Box 641020, Pullman, WA 99164. 

Instrument: Electron Microscope. 

Manufacturer: FEI Company, Czech 

Republic. Intended Use: The instrument 

will be used to inspect semiconductor 

devices and micro sensors; study 

nanoparticles, nanotubes, polymers and 

composites; and to create micro to 

nanoscale channels for fluidics research. 

Justification for Duty–Free Entry: No 

instruments of same general category are 

manufactured in the United States. 

Application accepted by Commissioner 

of Customs: August 18, 2009. 

Docket Number: 09–050. Applicant: 

Stanford University, 450 Serra Mall, 

Stanford, CA 94305. Instrument: 

Electron Microscope. Manufacturer: FEI 

Company, the Netherlands. Intended 

Use: The instrument will be used for 

‘‘spectrum imaging’’ of elemental 

distributions at the sub–nano level, to 

gather three–dimensional structural 

information of nano–sized crystals as 

well as to measure electrostatic and 

magnetic fields in a variety of samples. 

Justification for Duty–Free Entry: No 

instruments of same general category are 

manufactured in the United States. 

Application accepted by Commissioner 

of Customs: August 18, 2009. 

Dated: September 8, 2009. 

Christopher Cassel, 

Director, IA Subsidies Enforcement Office. 

[FR Doc. E9–22049 Filed 9–11–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–942] 

Certain Kitchen Appliance Shelving 

and Racks From the People’s Republic 

of China: Countervailing Duty Order 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On September 2, 2009, the 

U.S. International Trade Commission 

(‘‘ITC’’) notified the Department of 

Commerce (‘‘Department’’) of its 

affirmative determinations of material 

injury to the U.S. refrigeration shelving 

industry and threat of material injury to 

the U.S. oven racks industry. See 

Certain Kitchen Appliance Shelving and 

Racks from China, USITC Pub. 4098, 

Investigation 701–TA–458 and 731–TA– 

1154 (Final) (August 2009). Based on 

affirmative final determinations by the 

Department and the ITC, the 

Department is issuing this 

countervailing duty order on certain 

kitchen appliance shelving and racks 

from the People’s Republic of China 

(‘‘PRC’’). 

DATES: Effective Date: September 14, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Yasmin Nair or Scott Holland, AD/CVD 

Operations, Office 1, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230; 

telephone: (202) 482–3813 and (202) 

482–1279, respectively. 

Background 

On July 27, 2009, the Department 

published its final determination in the 

countervailing duty investigation of 

certain kitchen appliance shelving and 

racks from the PRC. See Certain Kitchen 

Shelving and Racks from the People’s 

Republic of China: Final Affirmative 


cprice-sewell on DSK2BSOYB1PROD with NOTICES