[Federal Register Volume 74, Number 176 (Monday, September 14, 2009)]
[Notices]
[Pages 46971-46973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22023]



[[Page 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{time}  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

[[Page 46972]]

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

[[Page 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.            Guangdong Wireking Housewares &              95.99
 (a/k/a Foshan Shunde Wireking Housewares & Hardware                       Hardware Co., Ltd.
 Co., Ltd.).........................................
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              43.09
                                                                 Marmon Retail Services Asia)
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.,      .......................................              95.99
 Ltd. (China))......................................
----------------------------------------------------------------------------------------------------------------

    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