37012 Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Notices 

(or customer)-specific ad valorem ratios 

based on the estimated entered value. 

Where an importer (or customer)- 

specific ad valorem rate is greater than 

de minimis, we will apply the 

assessment rate to the entered value of 

the importers’/customers’ entries during 

the POR. See 19 CFR 351.212(b)(1). 

Where an importer (or customer)- 

specific ad valorem rate is zero or de 

minimis, we will instruct CBP to 

liquidate appropriate entries without 

regard to antidumping duties. See 19 

CFR 351.106(c)(2). 

Cash Deposit Requirements 

Further, the following cash deposit 

requirements will be effective upon 

publication of the final results of this 

NSR for all shipments of the subject 

merchandise entered, or withdrawn 

from warehouse, for consumption on or 

after the publication date, as provided 

for by section 751(a)(2)(C) of the Act: (1) 

for the exporter/producer chain 

identified above, the cash deposit rate 

will be the chain–specific rate 

established in the final results of review 

(except, if the rate is zero or de minimis, 

a zero cash deposit will be required); (2) 

for previously investigated or reviewed 

PRC and non–PRC exporters not listed 

above that have separate rates, the cash 

deposit rate will continue to be the 

exporter–specific rate published for the 

most recent period; (3) for all PRC 

exporters of subject merchandise that 

have not been found to be entitled to a 

separate rate, the cash deposit rate will 

be the PRC–wide rate of 285.63 percent; 

and (4) for all non–PRC exporters of 

subject merchandise which have not 

received their own rate, the cash deposit 

rate will be the rate applicable to the 

PRC exporters that supplied that non– 

PRC exporter. These deposit 

requirements, when imposed, shall 

remain in effect until further notice. 

Notification to Importers 

This notice also serves as a 

preliminary reminder to importers of 

their responsibility under 19 CFR 

351.402(f)(2) to file a certificate 

regarding the reimbursement of 

antidumping duties prior to liquidation 

of the relevant entries during this 

review period. Failure to comply with 

this requirement could result in the 

Secretary’s presumption that 

reimbursement of antidumping duties 

occurred and the subsequent assessment 

of double antidumping duties. 

This determination is issued and 

published in accordance with sections 

751(a)(1) and 777(i)(1) of the Act. 

Dated: July 20, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. E9–17869 Filed 7–24–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

(C–570–942) 

Certain Kitchen Shelving and Racks 

from the People’s Republic of China: 

Final Affirmative Countervailing Duty 

Determination 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(the ‘‘Department’’) has determined that 

countervailable subsidies are being 

provided to producers and exporters of 

kitchen shelving and racks from the 

People’s Republic of China (‘‘PRC’’). For 

information on the estimated 

countervailing duty rates, please see the 

‘‘Suspension of Liquidation’’ section, 

below. 

EFFECTIVE DATE: July 27, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Shane Subler 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) 482–0189 or (202) 482– 

1279, respectively. 

SUPPLEMENTARY INFORMATION: 

Petitioner 

Petitioners in this investigation are 

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 

and Aerospace Workers, District Lodge 

6 (Clinton, IA) (collectively, 

‘‘Petitioners’’). 

Period of Investigation 

The period for which we are 

measuring subsidies, or period of 

investigation, is January 1, 2007, 

through December 31, 2007. 

Case History 

The following events have occurred 

since the announcement of the 

preliminary determination published in 

the Federal Register on January 7, 2009. 

See 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) (‘‘Preliminary Determination’’). 

The Department issued the third and 

fourth supplemental questionnaires to 

respondent Guangdong Wire King 

Housewares and Hardware Co., Ltd. 

(‘‘Wire King’’) on December 29, 2008 

and March 17, 2009, respectively. We 

received responses from Wire King to 

the third supplemental questionnaire on 

January 22, 2009, and to the fourth 

supplemental questionnaire on April 3, 

2009. The Department also issued 

second, third, and fourth supplemental 

questionnaires to the Government of the 

PRC (‘‘GOC’’) on February 11, 2009, 

March 19, 2009, and March 25, 2009, 

respectively. We received responses 

from GOC to the second supplemental 

questionnaire on March 11, 2009, and to 

the third and fourth supplemental 

questionnaires on April 9, 2009. 

The GOC, Wire King, Petitioners, and 

interested parties also submitted factual 

information, comments, and arguments 

at numerous instances prior to the final 

determination based on various 

deadlines for submissions of factual 

information and/or arguments 

established by the Department 

subsequent to the Preliminary 

Determination. 

From May 5, 2009 to May 28, 2009, 

we conducted verification of the 

questionnaire responses submitted by 

GOC and Wire King. See Memorandum 

from Shane Subler and Scott Holland, 

International Trade Compliance 

Analysts, to Susan H. Kuhbach, Office 

Director, AD/CVD Operations, Office 1, 

entitled ‘‘Verification Report: 

Guangdong Wireking Housewares and 

Hardware Co., Ltd.’’ (June 19, 2009); and 

Memorandum from The Verification 

Team to Susan H. Kuhbach, Office 

Director, AD/CVD Operations, Office 1, 

entitled ‘‘Verification Report of the 

Foshan Municipal Government, Shunde 

District Government and the Guangdong 

Provincial Government of the People’s 

Republic of China’’ (June 19, 2009) 

(‘‘Verification Report’’). 

On May 8, 2009, we issued our post– 

preliminary analysis regarding the 

provision of electricity for less than 

adequate remuneration (‘‘LTAR’’). We 

addressed our preliminary findings in a 

May 8, 2009, memorandum to Ronald K. 

Lorentzen, Acting Assistant Secretary 

for Import Administration, entitled 

‘‘Preliminary Findings Regarding 

Electricity Pricing in China: Kitchen 

Appliance Shelving and Racks from the 


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Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Notices 37013 

People’s Republic of China,’’ which is 

on file in the Central Records Unit. 

We received case briefs from the GOC, 

Wire King, and Petitioners on June 26, 

2009. The same parties submitted 

rebuttal briefs on July 1, 2009. A public 

hearing was not requested. 

Scope of the Investigation 

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 0.10 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 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 8418.99.80.50, 

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 investigation is dispositive. 

Scope Comments 

Since the Preliminary Determination, 

the Department added an additional 

HTSUS number to the scope of the 

investigation. On January 29, 2009, we 

added other refrigerator parts, HTSUS 

number 8418.99.80.60 to the scope of 

the investigation. See Memorandum to 

the File, dated January 29, 2009. 

Injury Test 

Because the PRC is a ‘‘Subsidies 

Agreement Country’’ within the 

meaning of section 701(b) of the Tariff 

Act of 1930, as amended (the ‘‘Act’’), 

section 701(a)(2) of the Act applies to 

this investigation. Accordingly, the ITC 

must determine whether imports of the 

subject merchandise from the PRC 

materially injure, or threaten material 

injury to a U.S. industry. On September 

24, 2008, the U.S. International Trade 

Commission (‘‘ITC’’) issued its 

affirmative preliminary determination 

that there is a reasonable indication that 

an industry in the United States is 

materially injured by reason of allegedly 

subsidized imports of certain kitchen 

appliance shelving and racks from the 

PRC. See Certain Kitchen Appliance 

Shelving and Racks From China, 73 FR 

55132 (September 24, 2008); and 

Certain Kitchen Appliance Shelving and 

Racks from China (Preliminary), USITC 

Pub. 4035, Inv. Nos. 701–TA–458 and 

731–TA–1154 (Sept. 2008). 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs by parties to this 

investigation are addressed in the 

Memorandum from John M. Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations, to Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration, entitled ‘‘Issues and 

Decision Memorandum for the Final 

Determination in the Countervailing 

Duty Investigation of Certain Kitchen 

Appliance Shelving and Racks from the 

People’s Republic of China’’ (July 20, 

2009) (hereafter ‘‘Decision 

Memorandum’’), which is hereby 

adopted by this notice. Attached to this 

notice as an Appendix is a list of the 

issues that parties have raised and to 

which we have responded in the 

Decision Memorandum. Parties can find 

a complete discussion of all issues 

raised in this investigation and the 

corresponding recommendations in this 

public memorandum, which is on file in 

the CRU. In addition, a complete 

version of the Decision Memorandum 

can be accessed directly on the Internet 

at http://ia.ita.doc.gov/frn/. The paper 

copy and electronic version of the 

Decision Memorandum are identical in 

content. 

Use of Adverse Facts Available 

For purposes of this final 

determination, we have continued to 

rely on facts available and have 

continued to use adverse inferences in 

accordance with sections 776(a) and (b) 

of the Act to determine the 

countervailable subsidy rates for Asber 

Enterprise Co. (‘‘Asber’’), which is one 

of the two companies selected to 

respond to our questionnaires. A full 

discussion of our decision to apply 

adverse facts available is presented in 

the Decision Memorandum in the 

section ‘‘Use of Facts Otherwise 

Available and Adverse Facts Available.’’ 

In a departure from the Preliminary 

Determination, the Department now 

finds that the use of ‘‘facts otherwise 

available’’ is warranted with regard to 

provision of electricity for LTAR 

because the Department was not able to 

verify, inter alia, the GOC’s 

questionnaire responses regarding the 

process for setting electricity rates and 

the relation of those rates to the 

electricity generation costs. See 

Decision Memorandum, at ‘‘Use of Facts 

Otherwise Available and Adverse Facts 

Available’’. Moreover, the GOC failed to 

cooperate to the best of its ability 

because it failed to provide requested 

documents, provided inconsistent 

responses regarding the availability of 

the documents, and because it did not 

disclose in its questionnaire responses 

that the electricity price adjustment 

process started from a National 

Development and Reform Commission– 

determined national price adjustment. 

In misrepresenting this information, the 

GOC did not provide the Department 

with full and complete answers. See 

Verification Report at 2–9. Accordingly, 

we find that an adverse inference is 

warranted, pursuant to section 776(b) of 

the Act. Specifically, we find that the 

GOC’s provision of electricity 

constitutes a financial contribution 

within the meaning of section 771(5)(D) 

of the Act and is specific within the 

meaning of section 771(5A)(D)(iv) of the 

Act. We have also relied on an adverse 

inference in selecting a benchmark for 

determining the existence and amount 

of the benefit. 

Suspension of Liquidation 

In accordance with section 

705(c)(1)(B)(i)(I) of the Act, we have 

calculated individual rates for Wire 

King and Asber. Section 705(c)(5)(A)(i) 

of the Act states that for companies not 

investigated, we will determine an ‘‘all 

others’’ rate equal to the weighted– 

average countervailable subsidy rates 


jlentini on DSKJ8SOYB1PROD with NOTICES
37014 Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Notices 

established for exporters and producers 

individually investigated, excluding any 

zero and de minimis countervailable 

subsidy rates, and any rates determined 

entirely under section 776 of the Act. 

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 

Also, in accordance with section 

703(d) of the Act, we instructed U.S. 

Customs and Border Protection to 

discontinue the suspension of 

liquidation for countervailing duty 

purposes for subject merchandise 

entered on or after May 7, 2009, but to 

continue the suspension of liquidation 

of entries made from January 7, 2009, 

through May 6, 2009. 

We will issue a countervailing duty 

order if the ITC issues a final affirmative 

injury determination, and will require a 

cash deposit of estimated countervailing 

duties for such entries of merchandise 

in the amounts indicated above. If the 

ITC determines that material injury, or 

threat of material injury, does not exist, 

this proceeding will be terminated and 

all estimated duties deposited or 

securities posted as a result of the 

suspension of liquidation will be 

refunded or canceled. 

ITC Notification 

In accordance with section 705(d) of 

the Act, we will notify the ITC of our 

determination. In addition, we are 

making available to the ITC all non– 

privileged and non–proprietary 

information related to this investigation. 

We will allow the ITC access to all 

privileged and business proprietary 

information in our files, provided the 

ITC confirms that it will not disclose 

such information, either publicly or 

under an APO, without the written 

consent of the Assistant Secretary for 

Import Administration. 

Return or Destruction of Proprietary 

Information 

In the event that the ITC issues a final 

negative injury determination, this 

notice will serve as the only reminder 

to parties subject to an administrative 

protective order (‘‘APO’’) of their 

responsibility concerning the 

destruction of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). Timely 

written notification of the return/ 

destruction of APO materials or 

conversion to judicial protective order is 

hereby requested. Failure to comply 

with the regulations and terms of an 

APO is a violation which is subject to 

sanction. 

This determination is published 

pursuant to sections 705(d) and 777(i) of 

the Act. 

Dated: July 20, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

APPENDIX 

List of Comments and Issues in the 

Decision Memorandum 

General Issues 

Comment 1 Application of CVD Law to 

a Country the Department treats as an 

NME in a Parallel AD Investigation 

Comment 2 Double Counting/ 

Overlapping Remedies 

Comment 3 Proposed Cutoff Date for 

Identifying Subsidies 

Program Specific Issues 

Comment 4 Certain Wire Rod Suppliers 

as Authorities 

Comment 5 Wire Rod Provided by 

Private Suppliers 

Comment 6 Wire Rod Provided by 

Trading Companies 

Comment 7 Application of Adverse 

Facts Available for Wire Rod Production 

Data 

Comment 8 Benchmarks for Wire Rod 

Comment 9 Adding the Cost of 

Insurance to the Wire Rod Benchmark 

Value 

Comment 10 Tying the Wire Rod 

Subsidy 

Comment 11 Provision of Electricity for 

LTAR 

Comment 12 FIE Tax Programs - 

Whether FIE Tax Programs are Specific 

[FR Doc. E9–17867 Filed 7–24–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN: 0648–XQ46 

New England Fishery Management 

Council; Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of a public meeting. 

SUMMARY: The New England Fishery 

Management Council’s (Council) 

Herring Oversight Committee will meet 

to consider actions affecting New 

England fisheries in the exclusive 

economic zone (EEZ). 

DATES: The meeting will be held on 

Monday, August 24, 2009, at 9:30 a.m. 

ADDRESSES: The meeting will be held at 

the Holiday Inn By the Bay, 88 Spring 

Street, Portland, ME 04101; telephone: 

(207) 775–2311; fax: (207) 772–4017. 

Council address: New England 

Fishery Management Council, 50 Water 

Street, Mill 2, Newburyport, MA 01950. 

FOR FURTHER INFORMATION CONTACT: Paul 

J. Howard, Executive Director, New 

England Fishery Management Council; 

telephone: (978) 465–0492. 

SUPPLEMENTARY INFORMATION: The items 

of discussion in the committee’s agenda 

are as follows: 

Agenda 

1. Continue development of catch 

monitoring alternatives for inclusion in 

Amendment 5 to the Atlantic Herring 

Fishery Management Plan (FMP), which 

may include but are not limited to: 

specific monitoring and reporting 

requirements for herring vessels and 

processors, observer coverage and at-sea 

monitoring, shoreside/dockside 

monitoring and sampling, electronic 

reporting, video-based monitoring, 

maximized retention, catch monitoring 

and control plans, and vessel 

monitoring system (VMS) requirements; 

develop Herring Committee 

recommendations. 

2. Address other issues related to 

Amendment 5, as necessary. 

Although non-emergency issues not 

contained in this agenda may come 

before this group for discussion, those 

issues may not be the subject of formal 

action during this meeting. Action will 

be restricted to those issues specifically 

identified in this notice and any issues 

arising after publication of this notice 

that require emergency action under 

section 305(c) of the Magnuson-Stevens 

Fishery Conservation and Management 


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