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
46974 Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Notices 

1See Certain Kitchen Appliance Shelving and 

Racks From the People’s Republic of China: 

Preliminary Affirmative Countervailing Duty 

Determination and Alignment of Final 

Countervailing Duty Determination With Final 

Antidumping Duty Determination, 74 FR 683 

(January 7, 2009) (‘‘Shelving and Racks Preliminary 

Results’’). 

Countervailing Duty Determination, 74 

FR 37012 (July 27, 2009). 

On August 18, 2009, the ITC found in 

its final vote that there are two separate 

like products, refrigeration shelving and 

oven racks, and thus two separate 

domestic industries. The ITC further 

found that the U.S. industry producing 

refrigeration shelving is materially 

injured or threatened with material 

injury by imports of kitchen appliance 

shelving and racks from the PRC. For 

oven racks, the ITC found a threat of 

material injury. On September 2, 2009, 

the ITC notified the Department of its 

final determination pursuant to section 

705(b)(1)(A)(i) of the Tariff Act of 1930, 

as amended (‘‘the Act’’). See Certain 

Kitchen Appliance Shelving and Racks 

from China, USITC Pub. 4098, 

Investigation 701–TA–458 and 731–TA– 

1154 (Final) (August 2009). 

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 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 8418.99.80.50, 

7321.90.50.00, 7321.90.60.90, 

8418.99.80.60, and 8516.90.80.00. 

Although the HTSUS subheadings are 

provided for convenience and customs 

purposes, the written description of the 

scope of this order is dispositive. 

Countervailing 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 countervailing 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 

countervailing duty margins for a single 

class or kind of merchandise. 

Refrigeration Shelving 

Countervailing duties will be assessed 

on all unliquidated entries of certain 

refrigeration shelving from the PRC 

entered, or withdrawn from warehouse, 

for consumption on or after January 7, 

2009, the date on which the Department 

published its preliminary affirmative 

countervailing duty determination in 

the Federal Register,1 and before May 7, 

2009, the date the Department 

instructed CBP to discontinue the 

suspension of liquidation in accordance 

with section 703(d) of the Act. Section 

703(d) of the Act states that the 

suspension of liquidation pursuant to a 

preliminary determination may not 

remain in effect for more than four 

months. Therefore, entries of certain 

refrigeration shelving made on or after 

May 7, 2009, and prior to the date of 

publication of the ITC’s final 

determination in the Federal Register 

are not liable for the assessment of 

countervailing duties due to the 

Department’s discontinuation, effective 

May 7, 2009, of the suspension of 

liquidation. 

In accordance with section 706 of the 

Act, the Department will direct CBP to 

reinstitute the suspension of liquidation 

for certain refrigeration shelving from 

the PRC, effective the date of 

publication of the ITC’s notice of final 

determination in the Federal Register 

and to assess, upon further advice by 

the Department pursuant to section 

706(a)(1) of the Act, countervailing 

duties for each entry of certain 

refrigeration shelving in an amount 

based on the net countervailable 

subsidy rates for the subject 

merchandise as noted below. 

Oven Racks 

According to section 706(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 upon the threat 

of material injury. Section 706(b)(1) of 

the Act states, 

If the Commission, in its final 

determination under section 705(b), finds 

material injury or threat of material injury 

which, but for the suspension of liquidation 

under section 703(d)(2), would have led to a 

finding of material injury, then entries of the 

merchandise subject to the countervailing 

duty order, the liquidation of which has been 

suspended under section 703(d)(2), shall be 

subject to the imposition of countervailing 

duties under section 701(a). 

In addition, section 706(b)(2) of the Act 

requires CBP to refund any cash 

deposits or bonds of estimated 

countervailing duties posted since the 

Department’s preliminary 

countervailing duty determination, if 

the ITC’s final determination is threatbased. 

Because the ITC’s final determination 

in this case is based on the threat of 

material injury to the oven racks 

industry and is not accompanied by a 

finding that injury would have resulted 

but for the imposition of suspension of 

liquidation of entries since the 

Department’s preliminary determination 


cprice-sewell on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Notices 46975 

2See Shelving and Racks Preliminary Results. 3The Department instructed CBP to discontinue 

the suspension of liquidation on May 7, 2009, in 

accordance with section 703(a) of the Act. Section 

703(d) states that the suspension of liquidation 

pursuant to a preliminary determination may not 

remain in effect for more than four months. 

was published in the Federal Register,2

section 706(b)(2) of the Act is 

applicable. 

Therefore, the Department will direct 

CBP to reinstitute suspension of 

liquidation,3 and to assess, upon further 

instruction from the Department, 

countervailing duties in an amount 

based on the net countervailable 

subsidy rates for the subject 

merchandise as noted below, on all 

unliquidated entries of certain 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 in the Federal Register. 

Exporter/manufacturer Net subsidy 

rate 

Guangdong Wire King Co., Ltd. (formerly known as Foshan Shunde Wireking Housewares & Hardware) ................................... 13.30 

Asber Enterprises Co., Ltd. (China) .................................................................................................................................................. 170.82 

Changzhou Yixiong Metal Products Co., Ltd. ................................................................................................................................... 149.91 

Foshan Winleader Metal Products Co., Ltd. ..................................................................................................................................... 149.91 

Kingsun Enterprises Group Co, Ltd. ................................................................................................................................................. 149.91 

Yuyao Hanjun Metal Work Co./Yuyao Hanjun Metal Products Co., Ltd. .......................................................................................... 149.91 

Zhongshan Iwatani Co., Ltd. ............................................................................................................................................................. 149.91 

All-Others ........................................................................................................................................................................................... 13.30 

This notice constitutes the 

countervailing duty order with respect 

to certain kitchen appliance shelving 

and racks from the PRC, pursuant to 

section 706(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 countervailing duty 

orders currently in effect. 

This order is issued and published in 

accordance with section 706(a) of the 

Act and 19 CFR 351.211(b). 

Dated: September 8, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. E9–22020 Filed 9–9–09; 4:15 pm] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

Foreign–Trade Zones Board 

(Docket 20–2009 and 22–2009) 

Foreign–Trade Zones 29 and 203, 

Applications for Subzone Authority, 

Dow Corning Corporation and REC 

Silicon, Extension of Comment Period 

The comment period for the 

applications for subzone status at the 

Dow Corning Corporation (Dow 

Corning) facilities in Carrollton, 

Elizabethtown and Shepherdsville, 

Kentucky (74 FR 21621–21622, 5/8/09) 

and at the REC Silicon facility in Moses 

Lake, Washington (74 FR 25488–25489, 

5/28/09) is being extended to September 

30, 2009 to allow interested parties 

additional time in which to comment. 

Rebuttal comments may be submitted 

during the subsequent 15-day period, 

until October 15, 2009. Submissions 

(original and one electronic copy) shall 

be addressed to the Board’s Executive 

Secretary at: Foreign–Trade Zones 

Board, U.S. Department of Commerce, 

Room 2111, 1401 Constitution Ave. NW, 

Washington, DC 20230. 

For further information, contact 

Elizabeth Whiteman at 

ElizabethlWhiteman@ita.doc.gov or 

(202) 482–0473. 

Dated: September 4, 2009. 

Andrew McGilvray, 

Executive Secretary. 

[FR Doc. E9–22045 Filed 9–11–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XR51 

Marine Mammals; File Nos. 774–1847 

and 1032–1917 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of permit 

amendments. 

SUMMARY: Notice is hereby given that 

NMFS Southwest Fisheries Science 

Center, Antarctic Marine Living 

Resources Program (Michael Goebel, 

PhD, Principal Investigator), 3333 N 

Torrey Pines Ct, La Jolla CA, 92037 and 

Robert A. Garrott, Ph.D, Ecology 

Department, Montana State University, 

310 Lewis Hall, Bozeman, MT, 59717 

have been issued amendments to 

scientific research permits 774–1847–03 

and 1032–1917, respectively. 

ADDRESSES: The amendment and related 

documents are available for review 

upon written request or by appointment 

in the following office(s): 

Permits, Conservation and Education 

Division, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Room 

13705, Silver Spring, MD 20910; phone 

(301)713–2289; fax (301)713–0376; and 

Southwest Region, NMFS, 501 West 

Ocean Blvd., Suite 4200, Long Beach, 

CA 90802–4213; phone (562)980–4001; 

fax (562)980–4018. 

FOR FURTHER INFORMATION CONTACT: Kate 

Swails or Tammy Adams, (301)713– 

2289. 

SUPPLEMENTARY INFORMATION: On July 1, 

2009 and June 16, 2009, notice was 

published in the Federal Register (74 

FR 31413 and 74 FR 29179) that an 

amendment to Permit No. 774–1847–03 

and an amendment to Permit No. 1032– 

1917 had been requested by the abovenamed individuals. The requested 

amendments have been granted under 

the authority of the Marine Mammal 

Protection Act of 1972, as amended (16 

U.S.C. 1361 et seq.), and the regulations 

governing the taking and importing of 

marine mammals (50 CFR part 216). 

The amendment to Permit No. 774– 

1847–03 authorizes a Weddell seal 

(Leptonychotes weddellii) study to 

understand movements, site fidelity, 

and demographics of this species in 

Antarctica. Up to 60 Weddell seals will 

be taken annually. Seals will be 

instrumented and sampled (blood, 

vibrissae, muscle/blubber, milk, and 

tissue). Up to 4 research-related 

mortalities of Weddell seals (2 adults 

and 2 juveniles) are authorized 

annually. The holder is also authorized 

to deploy microprocessors attached to 

flipper tags on Antarctic fur seals 

(Arctophalus gazella), increase the 

number of tissue samples collected from 


cprice-sewell on DSK2BSOYB1PROD with NOTICES