[Federal Register Volume 74, Number 173 (Wednesday, September 9, 2009)]
[Notices]
[Page 46464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21692]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-458 and 731-TA-1154 (Final)]


Certain Kitchen Appliance Shelving and Racks From China

Determinations

    On the basis of the record \1\ developed in the subject 
investigations, the United States International Trade Commission 
(Commission) determines,\2\ pursuant to sections 705(b) and 735(b) of 
the Tariff Act of 1930 (19 U.S.C. 1671d(b) and 1673d(b)) (the Act), 
that the refrigeration shelving industry in the United States is 
materially injured and the oven racks industry in the United States is 
threatened with material injury by reason of imports from China of 
certain kitchen appliance shelving and racks,<SUP>3 4</SUP> provided 
for in subheadings 7321.90.50, 7321.90.60, 8418.99.80, and 8516.90.80 
of the Harmonized Tariff Schedule of the United States, that have been 
found by the Department of Commerce (Commerce) to be subsidized by the 
Government of China and sold in the United States at less than fair 
value (LTFV). In addition, the Commission determines that it would not 
have found material injury with regard to imports of oven racks from 
China but for the suspension of liquidation.
---------------------------------------------------------------------------

    \1\ The record is defined in sec. 207.2(f) of the Commission's 
Rules of Practice and Procedure (19 CFR 207.2(f)).
    \2\ Commissioner Deanna Tanner Okun recused herself to avoid any 
conflict of interest or appearance of a conflict.
    \3\ The Commission finds two domestic industries, one producing 
refrigeration shelving and one producing oven racks.
    \4\ Vice Chairman Daniel R. Pearson, dissenting with regard to 
imports of certain oven racks from China, finds that the oven racks 
industry in the United States is neither materially injured nor 
threatened with material injury by reason of imports from China.
---------------------------------------------------------------------------

Background

    The Commission instituted these investigations effective July 31, 
2008, following receipt of a petition filed with the Commission and 
Commerce by Nashville Wire Products Inc., Nashville, TN, SSW Holding 
Company, Inc., Elizabethtown, KY, the United Steel, Paper and Forestry, 
Rubber, Manufacturing, Energy, Allied-Industrial and Service Workers 
International Union, and the International Association of Machinists 
and Aerospace Workers, District Lodge 6, Clinton, IA. The final phase 
of the investigations was scheduled by the Commission following 
notification of preliminary determinations by Commerce that imports of 
certain kitchen appliance shelving and racks from China were being 
subsidized within the meaning of section 703(b) of the Act (19 U.S.C. 
1671b(b)) and being sold at LTFV within the meaning of section 733(b) 
of the Act (19 U.S.C. 1673b(b)). Notice of the scheduling of the final 
phase of the Commission's investigations and of a public hearing to be 
held in connection therewith was given by posting copies of the notice 
in the Office of the Secretary, U.S. International Trade Commission, 
Washington, DC, and by publishing the notice in the Federal Register of 
April 21, 2009 (74 FR 18249). The hearing was held in Washington, DC, 
on July 16, 2009, and all persons who requested the opportunity were 
permitted to appear in person or by counsel.
    The Commission transmitted its determinations in these 
investigations to the Secretary of Commerce on September 2, 2009. The 
views of the Commission are contained in USITC Publication 4098 (August 
2009), entitled Certain Kitchen Appliance Shelving and Racks From 
China: Investigation Nos. 701-TA-458 and 731-TA-1154 (Final).

    Issued: September 2, 2009.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-21692 Filed 9-8-09; 8:45 am]
BILLING CODE 7020-02-P