[Federal Register Volume 74, Number 75 (Tuesday, April 21, 2009)]
[Notices]
[Pages 18249-18250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9091]


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INTERNATIONAL TRADE COMMISSION

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


Certain Kitchen Appliance Shelving and Racks From China

AGENCY: United States International Trade Commission.

ACTION: Scheduling of the final phase of countervailing duty and 
antidumping investigations.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of countervailing duty investigation No. 701-TA-458 (Final) 
under section 705(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b)) 
(the Act) and the final phase of antidumping investigation No. 731-TA-
1154 (Final) under section 735(b) of the Act (19 U.S.C. 1673d(b)) to 
determine whether an industry in the United States is materially 
injured or threatened with material injury, or the establishment of an 
industry in the United States is materially retarded, by reason of 
subsidized imports from China and less-than-fair-value imports from 
China of certain kitchen appliance shelving and racks, provided for in 
subheadings 8418.99.80, 7321.90.50, 7321.90.60, and 8516.90.80 of the 
Harmonized Tariff Schedule of the United States.\1\
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    \1\ For purposes of these investigations, the Department of 
Commerce has defined the subject merchandise as ``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 investigation''). 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 investigation 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 investigation 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 8418.99.8050, 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 investigation is dispositive.''
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    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A through E (19 CFR part 201), and part 207, subparts A and C 
(19 CFR part 207).

DATES: Effective Date: April 15, 2009.

FOR FURTHER INFORMATION CONTACT: Joanna Lo (202-205-1888), Office of 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Washington, DC 20436. Hearing-impaired persons can obtain information 
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special 
assistance in gaining access to the Commission should contact the 
Office of the Secretary at 202-205-2000. General information concerning 
the Commission may also be obtained by accessing its internet server 
(http://www.usitc.gov). The public record for these investigations may 
be viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Background.--The final phase of these investigations is being 
scheduled as a result of affirmative preliminary determinations by the 
Department of Commerce that certain benefits which constitute subsidies 
within the meaning of section 703 of the Act (19 U.S.C. 1671b) are 
being provided to manufacturers, producers, or exporters in China of 
certain kitchen appliance shelving and racks (74 FR 683), and that 
imports from China are being sold in the United States at less than 
fair value within the meaning of section 733 of the Act (19 U.S.C. 
1673b) (74 FR 9591). The investigations were requested in a petition 
filed on July 31, 2008, by Nashville Wire Producers, Inc., Nashville, 
TN; SSW Holding Company Inc., Elizabethtown, KY; and 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.
    Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in section 201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's

[[Page 18250]]

rules, the Secretary will make BPI gathered in the final phase of these 
investigations available to authorized applicants under the APO issued 
in the investigations, provided that the application is made no later 
than 21 days prior to the hearing date specified in this notice. 
Authorized applicants must represent interested parties, as defined by 
19 U.S.C. 1677(9), who are parties to the investigations. A party 
granted access to BPI in the preliminary phase of the investigations 
need not reapply for such access. A separate service list will be 
maintained by the Secretary for those parties authorized to receive BPI 
under the APO.
    Staff report.--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on July 1, 
2009, and a public version will be issued thereafter, pursuant to 
section 207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on July 16, 
2009, at the U.S. International Trade Commission Building. Requests to 
appear at the hearing should be filed in writing with the Secretary to 
the Commission on or before July 10, 2009. A nonparty who has testimony 
that may aid the Commission's deliberations may request permission to 
present a short statement at the hearing. All parties and nonparties 
desiring to appear at the hearing and make oral presentations should 
attend a prehearing conference to be held at 9:30 a.m. on July 13, 
2009, at the U.S. International Trade Commission Building. Oral 
testimony and written materials to be submitted at the public hearing 
are governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the 
Commission's rules. Parties must submit any request to present a 
portion of their hearing testimony in camera no later than 7 business 
days prior to the date of the hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of section 207.23 of the Commission's 
rules; the deadline for filing is July 9, 2009. Parties may also file 
written testimony in connection with their presentation at the hearing, 
as provided in section 207.24 of the Commission's rules, and 
posthearing briefs, which must conform with the provisions of section 
207.25 of the Commission's rules. The deadline for filing posthearing 
briefs is July 23, 2009; witness testimony must be filed no later than 
three days before the hearing. In addition, any person who has not 
entered an appearance as a party to the investigations may submit a 
written statement of information pertinent to the subject of the 
investigations, including statements of support or opposition to the 
petition, on or before July 23, 2009. On August 6, 2009, the Commission 
will make available to parties all information on which they have not 
had an opportunity to comment. Parties may submit final comments on 
this information on or before August 12, 2009, but such final comments 
must not contain new factual information and must otherwise comply with 
section 207.30 of the Commission's rules. All written submissions must 
conform with the provisions of section 201.8 of the Commission's rules; 
any submissions that contain BPI must also conform with the 
requirements of sections 201.6, 207.3, and 207.7 of the Commission's 
rules. The Commission's rules do not authorize filing of submissions 
with the Secretary by facsimile or electronic means, except to the 
extent permitted by section 201.8 of the Commission's rules, as 
amended, 67 FR 68036 (November 8, 2002). Even where electronic filing 
of a document is permitted, certain documents must also be filed in 
paper form, as specified in II (c) of the Commission's Handbook on 
Electronic Filing Procedures, 67 FR 68168, 68173 (November 8, 2002).
    Additional written submissions to the Commission, including 
requests pursuant to section 201.12 of the Commission's rules, shall 
not be accepted unless good cause is shown for accepting such 
submissions, or unless the submission is pursuant to a specific request 
by a Commissioner or Commission staff.
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigations must be 
served on all other parties to the investigations (as identified by 
either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.

    Authority: These investigations are being conducted under 
authority of title VII of the Tariff Act of 1930; this notice is 
published pursuant to section 207.21 of the Commission's rules.

    Issued: April 15, 2009.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-9091 Filed 4-20-09; 8:45 am]
BILLING CODE 7020-02-P