50596 Federal Register / Vol. 73, No. 167 / Wednesday, August 27, 2008 / Notices 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–941] 

Certain Kitchen Appliance Shelving 

and Racks from the People’s Republic 

of China: Initiation of Antidumping 

Duty Investigation 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

EFFECTIVE DATE: August 27, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Catherine Bertrand or Julia Hancock, 

AD/CVD Operations, Office 9, Import 

Administration, International Trade 

Administration, US Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington, DC 20230; 

telephone: (202) 482–3207 or (202) 482–

1394, respectively. 

SUPPLEMENTARY INFORMATION: 

The Petition 

On July 31, 2008, the Department of 

Commerce (the ‘‘Department’’) received 

a Petition concerning imports of certain 

kitchen appliance shelving and racks 

(‘‘shelving and racks’’) from the People’s 

Republic of China (‘‘PRC’’) filed in 

proper form by Nashville Wire Products 

Inc., SSW Holding Company, Inc., 

United Steel, Paper and Forestry, 

Rubber Manufacturing, Energy, Allied–

Industrial and Service Workers 

International Union, and the 

International Association of Machinists 

& Aerospace Workers, District 6 

(hereafter referred to as the 

‘‘Petitioners’’). See Petition for the 

Imposition of Antidumping Duties: 

Certain Kitchen Appliance Shelving and 

Racks from the People’s Republic of 

China (in two volumes), dated July 31, 

2008 (‘‘Petition’’). On August 5, 2008, 

the Department issued a request for 

additional information and clarification 

of certain areas of the Petition. Based on 

the Department’s request, the Petitioners 

filed supplemental information on the 

following topics: general issues (i.e., 

scope, injury and industry support) and 

U.S. price and normal value (‘‘NV’’) 

calculations on August 8, 2008. In 

addition, on August 11, 2008, the 

Department issued a second request for 

additional information and clarification 

of certain areas of the Petition. Based on 

the Department’s request, the Petitioners 

filed supplemental information on the 

following topics: general issues (i.e., 

scope and industry support) and U.S. 

price and NV calculations on August 13, 

2008. Moreover, on August 14, 2008, the 

Department requested, via a telephone 

conversation with the Petitioners’

counsel, additional information and 

clarification of certain areas of the 

Petition. See Memo to the File from 

Victoria Flynn, dated August 14, 2008. 

Based on the Department’s request, the 

Petitioners filed supplemental 

information on the following topics: 

general issues (i.e., scope and industry 

support) on August 15, 2008. 

In accordance with section 732(b) of 

the Tariff Act of 1930, as amended (‘‘the 

Act’’), the Petitioners allege that imports 

of shelving and racks from the PRC are 

being, or are likely to be, sold in the 

United States at less than fair value, 

within the meaning of section 731 of the 

Act, and that such imports are 

materially injuring, or threatening 

material injury to, an industry in the 

United States. 

The Department finds that the 

Petitioners filed this Petition on behalf 

of the domestic industry because the 

Petitioners are an interested party as 

defined in sections 771(9)(C) and (D) of 

the Act, and have demonstrated 

sufficient industry support with respect 

to the antidumping duty investigation. 

See ‘‘Determination of Industry Support 

for the Petition’’ section, infra. 

Period of Investigation 

The period of investigation (‘‘POI’’) is 

January 1, 2008, through June 30, 2008. 

See 19 CFR 351.204(b)(1). 

Scope of Investigation 

The merchandise covered by this 

investigation is certain kitchen 

appliance shelving and racks. See 

Appendix I to this notice for a complete 

description of the merchandise covered 

by this investigation. 

Comments on Scope of Investigation 

During our review of the Petition, we 

discussed the scope with the Petitioners 

to ensure that it is an accurate reflection 

of the products for which the domestic 

industry is seeking relief. Moreover, as 

discussed in the preamble to the 

regulations, we are setting aside a 

period for interested parties to raise 

issues regarding product coverage. See 

Antidumping Duties; Countervailing 

Duties; Final Rule, 62 FR 27296, 27323 

(May 19, 1997). The Department 

encourages all interested parties to 

submit such comments by September 

10, 2008, which is 21 calendar days 

from the date of signature of this notice. 

Comments should be addressed to 

Import Administration’s APO/Dockets 

Unit, Room 1870, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington, DC 20230. 

The period of scope consultations is 

intended to provide the Department 

with ample opportunity to consider all 

comments and to consult with parties 

prior to the issuance of the preliminary 

determination. 

Comments on Product Characteristics 

for Antidumping Duty Questionnaire 

The Department is requesting 

comments from interested parties 

regarding the appropriate physical 

characteristics of shelving and racks to 

be reported in response to the 

Department’s antidumping 

questionnaire. This information will be 

used to identify the key physical 

characteristics of the subject 

merchandise to allow respondents to 

accurately report the relevant factors of 

production, as well as develop 

appropriate product reporting criteria, 

in accordance with the Department’s 

non–market economy (‘‘NME’’) 

methodology, as described in the 

‘‘Normal Value’’ section, infra. 

Interested parties may provide any 

information or comments that they 

believe are relevant to the development 

of an accurate listing of physical 

characteristics. Specifically, interested 

parties may provide comments as to 

which characteristics are appropriate to 

use as: (1) general product 

characteristics; and (2) product 

reporting criteria. The Department notes 

that it is not always appropriate to use 

all product characteristics as product 

reporting criteria. While there may be 

some physical product characteristics 

that manufacturers use to describe 

shelving and racks, it may be that only 

a select few product characteristics take 

into account commercially meaningful 

physical characteristics of shelving and 

racks. 

In order to consider the suggestions of 

interested parties in developing and 

issuing the antidumping duty 

questionnaire, the Department must 

receive public comments at the above–

referenced address by September 10, 

2008, and receive rebuttal comments by 

September 15, 2008. 

Determination of Industry Support for 

the Petition 

Section 732(b)(1) of the Act requires 

that a petition be filed on behalf of the 

domestic industry. Section 732(c)(4)(A) 

of the Act provides that a petition meets 

this requirement if the domestic 

producers or workers who support the 

petition account for: (i) at least 25 

percent of the total production of the 

domestic like product; and (ii) more 

than 50 percent of the production of the 

domestic like product produced by that 

portion of the industry expressing 

support for, or opposition to, the 

petition. Moreover, section 732(c)(4)(D) 

of the Act provides that, if the petition 


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does not establish support of domestic 

producers or workers accounting for 

more than 50 percent of the total 

production of the domestic like product, 

the Department shall: (i) poll the 

industry or rely on other information in 

order to determine if there is support for 

the petition, as required by 

subparagraph (A), or (ii) determine 

industry support using a statistically 

valid sampling method. 

Section 771(4)(A) of the Act defines 

the ‘‘industry’’ as the producers as a 

whole of a domestic like product. Thus, 

to determine whether a petition has the 

requisite industry support, the statute 

directs the Department to look to 

producers and workers who produce the 

domestic like product. The U.S. 

International Trade Commission 

(‘‘ITC’’), which is responsible for 

determining whether ‘‘the domestic 

industry’’ has been injured, must also 

determine what constitutes a domestic 

like product in order to define the 

industry. While both the Department 

and the ITC must apply the same 

statutory definition regarding the 

domestic like product (section 771(10) 

of the Act), they do so for different 

purposes and pursuant to a separate and 

distinct authority. In addition, the 

Department’s determination is subject to 

limitations of time and information. 

Although this may result in different 

definitions of the like product, such 

differences do not render the decision of 

either agency contrary to law. See 

USEC, Inc. v. United States, 132 F. 

Supp. 2d 1, 8 (CIT 2001), citing Algoma 

Steel Corp. Ltd. v. United States, 688 F. 

Supp. 639, 644 (CIT 1988), aff’d 865 

F.2d 240 (Fed. Cir. 1989), cert. denied 

492 U.S. 919 (1989). 

Section 771(10) of the Act defines the 

domestic like product as ‘‘a product 

which is like, or in the absence of like, 

most similar in characteristics and uses 

with, the article subject to an 

investigation under this subtitle.’’

Although the reference point from 

which the domestic like product 

analysis begins is usually ‘‘the article 

subject to an investigation’’ (i.e., the 

class or kind of merchandise to be 

investigated, which normally will be the 

scope as defined in the petition), the 

Petitioners argue that there is one class 

or kind of merchandise, but two 

domestic like products. 

The Petitioners note that the two like 

products, when considered together, 

correspond to the product scope 

description. Based on our analysis of the 

information submitted on the record, we 

have determined that certain 

refrigeration shelving and certain oven 

racks constitute two domestic like 

products and we have analyzed industry 

support in terms of those domestic like 

products. For a discussion of the 

domestic like product analysis in this 

case, see ‘‘Antidumping Duty 

Investigation Initiation Checklist: 

Certain Kitchen Appliance Shelving and 

Racks from the People’s Republic of 

China (‘‘Initiation Checklist’’), Industry 

Support at Attachment II, on file in the 

Central Records Unit (‘‘CRU’’), Room 

1117 of the main Department of 

Commerce building. 

With regard to section 732(c)(4)(A) of 

the Act, in determining whether the 

Petitioners have standing (i.e., the 

domestic workers and producer 

supporting the Petition account for (1) at 

least 25 percent of the total production 

of the domestic like product and (2) 

more than 50 percent of the production 

of the domestic like product produced 

by that portion of the industry 

expressing support for, or opposition to, 

the Petition), we considered the 

industry support data contained in the 

Petition with reference to the domestic 

like products. To establish industry 

support, the Petitioners provided their 

own production volume of the domestic 

like products for calendar year 2007, 

and compared that to total production 

volume of the domestic like products for 

the industry. We have relied upon data 

the Petitioners provided for purposes of 

measuring industry support. For further 

discussion, see Initiation Checklist at 

Attachment II (Industry Support). 

The Department’s review of the data 

provided in the Petition, supplemental 

submissions, and other information 

readily available to the Department 

indicates that the Petitioners have 

established industry support. First, the 

Petition establishes support from 

domestic producers (or workers) 

accounting for more than 50 percent of 

the total production of the domestic like 

products and, as such, the Department 

is not required to take further action in 

order to evaluate industry support (e.g., 

polling). See section 732(c)(4)(D) of the 

Act and Initiation Checklist at 

Attachment II (Industry Support). 

Second, the domestic producers (or 

workers) have met the statutory criteria 

for industry support under section 

732(c)(4)(A)(i) of the Act because the 

domestic producers (or workers) who 

support the Petition account for at least 

25 percent of the total production of the 

domestic like products. See Initiation 

Checklist at Attachment II (Industry 

Support). Finally, the domestic 

producers (or workers) have met the 

statutory criteria for industry support 

under section 732(c)(4)(A)(ii) of the Act 

because the domestic producers (or 

workers) who support the Petition 

account for more than 50 percent of the 

production of the domestic like 

products produced by that portion of 

the industry expressing support for, or 

opposition to, the Petition. Accordingly, 

the Department determines that the 

Petition was filed on behalf of the 

domestic industry within the meaning 

of section 732(b)(1) of the Act. See 

Initiation Checklist at Attachment II 

(Industry Support). 

The Department finds that the 

Petitioners filed the Petition on behalf of 

the domestic industry because they are 

interested parties as defined in sections 

771(9)(C) and (D) of the Act and have 

demonstrated sufficient industry 

support with respect to the antidumping 

investigation that they are requesting 

the Department initiate. See Initiation 

Checklist at Attachment II (Industry 

Support). 

Allegations and Evidence of Material 

Injury and Causation 

The Petitioners allege that the U.S. 

industries producing the domestic like 

products are being materially injured, or 

are threatened with material injury, by 

reason of the imports of the subject 

merchandise sold at less than NV. The 

Petitioners contend that the industries’

injured condition is illustrated by 

reduced market share, underselling and 

price depressing and suppressing 

effects, lost sales and revenue, reduced 

production and capacity utilization, 

reduced shipments, reduced 

employment, and an overall decline in 

financial performance. We have 

assessed the allegations and supporting 

evidence regarding material injury, 

threat of material injury, and causation, 

and we have determined that these 

allegations are properly supported by 

adequate evidence and meet the 

statutory requirements for initiation. See 

Initiation Checklist at Attachment III 

(Analysis of Injury Allegations and 

Evidence of Material Injury and 

Causation). 

Allegations of Sales at Less Than Fair 

Value 

The following is a description of the 

allegations of sales at less than fair value 

upon which the Department based its 

decision to initiate this investigation of 

imports of shelving and racks from the 

PRC. The sources of data for the 

deductions and adjustments relating to 

the U.S. price and the factors of 

production are also discussed in the 

initiation checklist. See Initiation 

Checklist. Should the need arise to use 

any of this information as facts available 

under section 776 of the Act in our 

preliminary or final determination, we 

will reexamine the information and 


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revise the margin calculations, if 

appropriate. 

Export Price 

The Petitioners relied on seven U.S. 

price quotes for shelving and racks 

manufactured in the PRC and offered for 

sale in the United States. The prices 

quoted were for four types of refrigerator 

shelving and three types of oven racks. 

See Petition, Volume II, at Exhibits 8 & 

11. The Petitioners made deductions 

from these prices to arrive at an ex–

works price. See Petition, Volume II, at 

Exhibits 10, 13 & 14; see also Second 

Supplement to the Petition at Exhibit 3. 

Normal Value 

The Petitioners note that the PRC is a 

NME country and that no determination 

to the contrary has yet been made by the 

Department. See Petition, Volume II, at 

2. The Department has previously 

examined the PRC’s market status and 

determined that NME status should 

continue for the PRC. See Memorandum 

from the Office of Policy to David M. 

Spooner, Assistant Secretary for Import 

Administration, regarding The People’s 

Republic of China Status as a Non–

Market Economy, dated May 15, 2006 

(available online at http://ia.ita.doc.gov/ 

download /prc–nme-status/prc–nmestatus–memo.pdf). In addition, in recent 

investigations, the Department has 

continued to determine that the PRC is 

an NME country. See Final 

Determination of Sales at Less Than 

Fair Value and Partial Affirmative 

Determination of Critical 

Circumstances: Certain Polyester Staple 

Fiber from the People’s Republic of 

China, 72 FR 19690 (April 19, 2007); 

Final Determination of Sales at Less 

Than Fair Value: Certain Activated 

Carbon from the People’s Republic of 

China, 72 FR 9508 (March 2, 2007). 

In accordance with section 

771(18)(C)(i) of the Act, the 

presumption of NME status remains in 

effect until revoked by the Department. 

The presumption of NME status for the 

PRC has not been revoked by the 

Department and, therefore, remains in 

effect for purposes of the initiation of 

this investigation. We have determined 

in previous investigations that we are 

not able to calculate NV using internal 

PRC prices. Accordingly, the NV of the 

product is appropriately based on 

factors of production valued in a 

surrogate market economy country, in 

accordance with section 773(c) of the 

Act. In the course of this investigation, 

all parties will have the opportunity to 

provide relevant information related to 

the issues of the PRC’s NME status and 

the granting of separate rates to 

individual exporters. 

The Petitioners argue that India is the 

appropriate surrogate country for the 

PRC, because it is a market–economy 

country at a comparable level of 

economic development and the 

Petitioners were able to identify a major 

Indian producer of shelving and racks. 

See Petition, Volume II, at 3–4. The 

Petitioners assert that they were not able 

to identify major producers of shelving 

and racks in other potential surrogate 

countries (e.g., Egypt, Indonesia, the 

Philippines and Sri Lanka). See Petition, 

Volume II, at 4. Based on the 

information provided by the Petitioners, 

the Department believes that the use of 

India as a surrogate country is 

appropriate for purposes of initiation. 

However, after initiation of the 

investigation, interested parties will 

have the opportunity to submit 

comments regarding surrogate country 

selection and, pursuant to 19 CFR 

351.301(c)(3)(i), will be provided an 

opportunity to submit publicly available 

information to value factors of 

production within 40 days after the date 

of publication of the preliminary 

determination. 

The Petitioners calculated NVs and 

dumping margins for the U.S. prices, 

discussed above, using the Department’s 

NME methodology as required by 19 

CFR 351.202(b)(7)(i)(C) and 19 CFR 

351.408. The Petitioners calculated NV 

based on one of its own company’s 

consumption rates for producing seven 

models of shelving and racks from the 

PRC during the POR. See Petition, 

Volume II, at 4–5 and Exhibit 1; Second 

Supplement to the Petition at Exhibit 3; 

and Initiation Checklist. The Petitioners 

state that their production experience is 

representative of the production process 

used in the PRC because all of the 

material inputs and processing are 

unlikely to be materially different for a 

Chinese producer of racks and shelving. 

See Petition, Volume II, at 5; see also 

Supplement to the Petition at 2. 

The Petitioners valued the factors of 

production based on reasonably 

available, public surrogate country data, 

including official Indian government 

import statistics and sources recently 

used in other PRC proceedings 

conducted by the Department. Since the 

Petitioners were unable to find input 

prices contemporaneous with the POI 

for electricity, water and gas, they 

adjusted for inflation using the 

wholesale price index for India, as 

published by the International Monetary 

Fund, International Financial Statistics. 

See Petition, Volume II, at 6 and Exhibit 

3. In addition, the Petitioners made 

currency conversions, where necessary, 

based on the POI average rupee/U.S. 

dollar exchange rate, as reported on the 

Department’s website. See Petition, 

Volume II, at 7 and Exhibit 4. The 

Petitioners calculated a labor usage rate 

for the PRC based upon its own 

experience. See Petition, Volume II, at 6. 

To value labor, the Petitioners used a 

labor rate of $1.04 per hour, as 

published on the Department’s web site, 

in accordance with the Department’s 

regulations. See 19 CFR 351.408(c)(3) 

and the Initiation Checklist. The 

Department determines that the 

surrogate values used by the Petitioners 

are reasonably available and, thus, 

acceptable for purposes of initiation. 

The Petitioners based factory 

overhead expenses, selling, general and 

administrative expenses, and profit, 

based on the experience of Usha Martin, 

an Indian manufacturer of wire rope 

because its products and shelving and 

racks use wire as a major input. See 

Petition, Volume II, at 20. For purposes 

of initiation, the Department finds the 

Petitioners’ use of Usha Martin’s most 

recently available financial statement to 

calculate the surrogate financial ratios 

appropriate. 

Fair Value Comparison 

Based on the data provided by the 

Petitioners, there is reason to believe 

that imports of shelving and racks from 

the PRC are being, or are likely to be, 

sold in the United States at less than fair 

value. Based on comparisons of EP to 

NV, calculated in accordance with 

section 773(c) of the Act, the estimated 

dumping margin for shelving and racks 

from the PRC ranges from 58.91 percent 

to 142.64 percent. See Second 

Supplement to the Petition at 

Attachment 3. 

Initiation of Antidumping Investigation 

Based upon the examination of the 

Petition on shelving and racks from the 

PRC, the Department finds that the 

Petition meets the requirements of 

section 732 of the Act. Therefore, we are 

initiating an antidumping duty 

investigation to determine whether 

imports of shelving and racks from the 

PRC are being, or are likely to be, sold 

in the United States at less than fair 

value. In accordance with section 

733(b)(1)(A) of the Act, unless 

postponed, we will make our 

preliminary determination no later than 

140 days after the date of this initiation. 

Respondent Selection 

In this investigation, the Department 

will request quantity and value 

information from all known exporters 

and producers identified in the Petition. 

The quantity and value data received 

from NME exporters/producers will be 

used as the basis to select the mandatory 


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respondents. The Department requires 

that the respondents submit a response 

to both the quantity and value 

questionnaire and the separate–rate 

application by the respective deadlines 

in order to receive consideration for 

separate–rate status. See Circular 

Welded Austenitic Stainless Pressure 

Pipe from the People’s Republic of 

China: Initiation of Antidumping Duty 

Investigation, 73 FR 10221, 10225 

(February 26, 2008); and Initiation of 

Antidumping Duty Investigation: 

Certain Artist Canvas From the People’s 

Republic of China, 70 FR 21996, 21999 

(April 28, 2005). Appendix II of this 

notice contains the quantity and value 

questionnaire that must be submitted by 

all NME exporters/producers no later 

than September 10, 2008. In addition, 

the Department will post the quantity 

and value questionnaire along with 

filing instructions on the Import 

Administration website, at http:// 

ia.ita.doc.gov/ia–highlights-and–

news.html. The Department will send 

the quantity and value questionnaire to 

those PRC companies identified in the 

Petition, Volume I, at Exhibit 3. 

Separate Rates 

In order to obtain separate–rate status 

in NME investigations, exporters and 

producers must submit a separate–rate 

status application. See Policy Bulletin 

05.1: Separate–Rates Practice and 

Application of Combination Rates in 

Antidumping Investigations involving 

Non–Market Economy Countries (April 

5, 2005) (‘‘Separate Rates/Combination 

Rates Bulletin’’), available on the 

Department’s website at http:// 

ia.ita.doc.gov/policy/bull05–1.pdf. The 

specific requirements for submitting the 

separate–rate application in this 

investigation are outlined in detail in 

the application itself, available on the 

Department’s website at http:// 

ia.ita.doc.gov/ia–highlights-and–

news.html on the date of publication of 

this initiation notice in the Federal 

Register. The separate–rate application 

will be due 60 days from the date of 

publication of this initiation notice in 

the Federal Register. As noted in the 

‘‘Respondent Selection’’ section above, 

the Department requires that 

respondents submit a response to both 

the quantity and value questionnaire 

and the separate–rate application by the 

respective deadlines in order to receive 

consideration for separate–rate status. 

Use of Combination Rates in an NME 

Investigation 

The Department will calculate 

combination rates for certain 

respondents that are eligible for a 

separate rate in this investigation. The 

Separate Rates/Combination Rates 

Bulletin states: 

{w}hile continuing the practice of 

assigning separate rates only to 

exporters, all separate rates that the 

Department will now assign in its 

NME investigations will be specific 

to those producers that supplied the 

exporter during the period of 

investigation. Note, however, that 

one rate is calculated for the 

exporter and all of the producers 

which supplied subject 

merchandise to it during the period 

of investigation. This practice 

applies both to mandatory 

respondents receiving an 

individually calculated separate 

rate as well as the pool of non–

investigated firms receiving the 

weighted–average of the 

individually calculated rates. This 

practice is referred to as the 

application of ‘‘combination rates’’

because such rates apply to specific 

combinations of exporters and one 

or more producers. The cash–

deposit rate assigned to an exporter 

will apply only to merchandise 

both exported by the firm in 

question and produced by a firm 

that supplied the exporter during 

the period of investigation. 

See Separate Rates/Combination Rates 

Bulletin at 6. 

Distribution of Copies of the Petition 

In accordance with section 

732(b)(3)(A) of the Act and 19 CFR 

351.202(f), copies of the public version 

of the Petition have been provided to 

the representatives of the Government of 

the PRC. We will attempt to provide a 

copy of the public version of the 

Petition to the foreign producers/ 

exporters, consistent with 19 CFR 

351.203(c)(2). 

International Trade Commission 

Notification 

We have notified the ITC of our 

initiation, as required by section 732(d) 

of the Act. 

Preliminary Determination by the 

International Trade Commission 

The ITC will preliminarily determine, 

no later than September 15, 2008, 

whether there is a reasonable indication 

that imports of shelving and racks from 

the PRC are materially injuring, or 

threatening material injury to, a U.S. 

industry. A negative ITC determination 

with respect to this investigation will 

result in the investigation being 

terminated; otherwise, this investigation 

will proceed according to statutory and 

regulatory time limits. 

This notice is issued and published 

pursuant to section 777(i) of the Act. 

Dated: August 20, 2008. 

David M. Spooner, 

Assistant Secretaryfor Import Administration. 

Appendix I 

Scope of the Investigation 

Certain Kitchen Appliance Shelving and 

Racks from the People’s Republic of 

China 

The scope of this investigation 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 0.1 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 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 0.2 inch. 

The subject merchandise 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, 

7321.90.5000, 7321.90.6090 and 

8516.90.8000. Although the HTSUS 


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subheadings are provided for 

convenience and customs purposes, the 

written description of the scope of this 

investigation is dispositive. 

Appendix II 

Where it is not practicable to examine 

all known producers/exporters of 

subject merchandise, section 777A(c)(2) 

of the Tariff Act of 1930, as amended, 

permits us to investigate: (1) a sample of 

exporters, producers, or types of 

products that is statistically valid based 

on the information available at the time 

of selection; or, (2) exporters and 

producers accounting for the largest 

volume and value of the subject 

merchandise that can reasonably be 

examined. 

In providing the information in the 

chart below, please provide the total 

quantity in pieces/units and total value 

(in U.S. dollars) of all your sales to the 

United States during the period January 

1, 2008 through June 30, 2008, covered 

by the scope of this investigation see 

Appendix I of this notice), produced in 

the PRC. 

Additionally, if you believe that you 

should be treated as a single entity along 

with other named exporters, please 

complete the chart, below, both in the 

aggregate for all named parties in your 

group and, in separate charts, 

individually for each named entity. 

Please label each chart accordingly. 

Market: United States Total Quantity (# of Units) Terms of Sale1 Total Value2 ($U.S.) 

1. Export Price3 ..................................................................... .......................................... .......................................... ..........................................

2. Constructed Export Price4 ................................................. .......................................... .......................................... ..........................................

3. Further Manufactured5 ...................................................... .......................................... .......................................... ..........................................

Total ....................................................................................... .......................................... .......................................... ..........................................

1To the extent possible, sales values should be reported based on the same terms (e.g., FOB). 2Values should be expressed in U.S. dollars. Indicate any exchange rates used, their respective dates and sources. 

3Generally, a U.S. sale is classified as an export price sale when the first sale to an unaffiliated person occurs before the goods are imported 

into the United States. 4Generally, a U.S. sale is classified as a constructed export price sale when the first sale to an unaffiliated person occurs after importation. 

However, if the first sale to the unaffiliated person is made by a person in the United States affiliated with the foreign exporter, constructed export price applies even if the sale occurs prior to importation. Do not report the sale to the affiliated party in the United States, rather report the 

sale made by the affiliated party to the unaffiliated customer in the United States. 5 ‘‘Further manufactured’’ refers to merchandise that undergoes further manufacture or assembly in the United States before sale to the first 

unaffiliated customer. 

[FR Doc. E8–19887 Filed 8–26–08; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Office of Oceanic and Atmospheric 

Research NOAA Science Advisory 

Board’s Climate Working Group 

AGENCY: Office of Oceanic and 

Atmospheric Research (OAR), National 

Oceanic and Atmospheric 

Administration (NOAA), Department of 

Commerce (DOC). 

ACTION: Notice of solicitation for 

members of the NOAA Science 

Advisory Board’s Climate Working 

Group. 

SUMMARY: The Under Secretary of 

Commerce for Oceans and Atmosphere 

requested the NOAA Science Advisory 

Board (SAB) to establish a standing 

working group to provide scientific 

advice and broad direction NOAA’s 

climate program in the context of both 

national and international activities. 

The Climate Working Group (CWG) 

focuses on the broad research and 

operational components of the climate 

program as well as on the underlying 

observations and data management 

issues. The CWG assists NOAA’s 

climate programs in establishing plans, 

reviewing progress, and setting 

priorities on a continuing basis. As the 

terms of current members end, 

additional members are needed and the 

SAB is soliciting nominations for four 

vacancies. 

DATES: Nominations must be received 

October 27, 2008. 

ADDRESSES: Nominations should be 

submitted electronically to 

noaa.sab.climate@noaa.gov. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Cynthia Decker, 301–734–1156; 

cynthia.decker@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

complete Terms of Reference of this 

working group can be found on the 

NOAA Science Advisory Board website 

http://www.sab.noaa.gov/ 

working_groups/standing/docs/2008/ 

CWG_TOR_12July07.pdf. At this time, 

the SAB is soliciting nominations for 

four vacancies in the following areas of 

expertise relating to climate science: 

Ocean circulation/dynamics, ocean 

observations, atmospheric dynamics, 

atmospheric space-based observations, 

decision support, paleoclimate, and 

land surface/hydrology modeling. The 

intent is to select from the suggested 

candidates, however, the SAB retains 

the prerogative to name members to the 

working group who were not nominated 

if it deems this necessary to achieve the 

desired balance. Once selected, the SAB 

will post the review panel members’

names at http://www.sab.noaa.gov. 

Nominations 

Anyone is eligible to nominate 

members of the working group. Selfnominations will be accepted. 

Nominations should provide: (1) The 

nominee’s full name, title, institutional 

affiliation, and contact information; (2) 

the nominee’s area(s) of expertise; and 

(3) a description of nominee’s 

qualifications relative to the kinds of 

advice being solicited. Inclusion of a 

Curriculum Vitae or resume is desirable. 

Dated: August 21, 2008. 

Mark E. Brown, 

Chief Financial Officer, Office of Oceanic and 

Atmospheric Research, National Oceanic and 

Atmospheric Administration, Atmospheric 

Administration. 

[FR Doc. E8–19879 Filed 8–26–08; 8:45 am] 

BILLING CODE 3510–KD–P 

DEPARTMENT OF DEFENSE 

Department of the Navy 

Notice of Intent To Grant Exclusive 

Patent License; NanoDynamics, Inc. 

AGENCY: Department of the Navy, DoD. 

ACTION: Notice. 

SUMMARY: The Department of the Navy 

hereby gives notice of its intent to grant 

to NanoDynamics, Inc., a revocable, 

nonassignable, exclusive license to 

practice in the field of use of Building 

Materials which shall mean the use of 

Halloysite Microtubles for the elution of 


sroberts on PROD1PC70 with NOTICES