[Federal Register Volume 77, Number 195 (Tuesday, October 9, 2012)]
[Notices]
[Pages 61385-61387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24847]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-941]
Certain Kitchen Appliance Shelving and Racks From the People's
Republic of China: Antidumping Duty Administrative Review, 2010-2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from interested parties, the
Department of Commerce (``Department'') is conducting the
administrative review of the antidumping duty order on certain kitchen
appliance shelving and racks from the People's Republic of China
(``PRC'') for the period of review (``POR'') September 1, 2010, through
August 31, 2011. The Department has preliminarily determined that New
King Shan (Zhu Hai) Wire Co., Ltd. (``NKS'') did not sell subject
merchandise in the United States at prices below normal value.
DATES: Effective Date: October 9, 2012.
FOR FURTHER INFORMATION CONTACT: Katie Marksberry, AD/CVD Operations,
Office 9, Import Administration, International Trade Administration,
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-7906.
SUPPLEMENTARY INFORMATION:
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.
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, 8516.90.8000, 8516.90.8010, 7321.90.6040, and
8419.90.9520. Although the HTSUS subheadings are provided for
convenience and customs purposes, the written product description,
available in 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, 74
[[Page 61386]]
FR 46971 (September 14, 2009), remains dispositive.
PRC-Wide Entity
Petitioners timely requested an administrative review for Asia
Pacific CIS (Wuxi) Co., Ltd., Hengtong Hardware Manufacturing (Huizhou)
Co., Ltd., Weixi, and Leader Metal Industry Co., Ltd. (aka Marmon
Retail Services Asia), companies which do not have a separate rate, and
then timely withdrew their requests for review of the above-mentioned
companies.\1\ Because these companies have not established their
eligibility for a separate rate, they will continue to be considered
part of the PRC-wide entity. Although the PRC-wide entity is not under
review for these preliminary results, the possibility exists that the
PRC-wide entity could be under review for the final results of this
administrative review. Therefore, as these companies are part of the
PRC-wide entity, their disposition will be the same as the PRC-wide
entity, and will be addressed in the final results.
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\1\ See Letter to the Department from Petitioners, Re:
Withdrawal of Requests for Second Administrative Review of the
Antidumping Duty Order, dated January 10, 2012.
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Methodology
The Department has conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act).
Constructed export prices have been calculated in accordance with
section 772 of the Act. Because the PRC is a nonmarket economy within
the meaning of section 771(18) of the Act, normal value has been
calculated in accordance with section 773(c). Specifically, the NKS's
factors of production have been valued in Thai prices, which is
economically comparable to the PRC and is a significant producer of
comparable merchandise.
For a full description of the methodology underlying our
conclusions, please see ``Decision Memorandum for Preliminary Results
for the Antidumping Duty Administrative Review of Certain Kitchen
Appliance Shelving and Racks from the People's Republic of China,''
(``Preliminary Decision Memorandum'') from Christian Marsh, Deputy
Assistant Secretary for Antidumping and Countervailing Duty Operations
to Paul Piquado, Assistant Secretary for Import Administration, dated
concurrently with these results and hereby adopted by this notice. The
Preliminary Decision Memorandum is a public document and is on file
electronically via Import Administration's Antidumping and
Countervailing Duty Centralized Electronic Service System (``IA
ACCESS''). IA ACCESS is available to registered users at http://iaaccess.trade.gov and in the Central Records Unit (``CRU''), room 7046
of the main Department of Commerce building. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
on the internet at http://www.trade.gov/ia/. The signed Preliminary
Decision Memorandum and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
Preliminary Results of Review
The Department preliminarily determines that the following
weighted-average dumping margin exists.
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Weighted average dumping
Exporter margin
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New King Shan (Zhu Hai) Co., Ltd......... 0.00% (de minimis)
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Disclosure and Public Comment
The Department will disclose the calculations used in our analysis
to parties in this review within five days of the date of publication
of this notice. Interested parties, who wish to request a hearing, or
to participate if one is requested, must submit a written request to
the Assistant Secretary for Import Administration, U.S. Department of
Commerce, filed electronically using Import Administration's
Antidumping and Countervailing Duty Centralized Electronic Service
System (IA ACCESS). An electronically filed document must be received
successfully in its entirety by the Department's electronic records
system, IA ACCESS, by 5 p.m. Eastern Time within 30 days after the date
of publication of this notice.\2\ Requests should contain the party's
name, address, and telephone number, the number of participants, and a
list of the issues to be discussed. If a request for a hearing is made,
the Department will inform parties of the scheduled date for the
hearing which will be held at the U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230, at a time and
location to be determined. Parties should confirm by telephone the
date, time, and location of the hearing. Interested parties are invited
to comment on the preliminary results of this review.
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\2\ See 19 CFR 351.310(c).
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The Department will consider case briefs filed by interested
parties within 30 days after the date of publication of this notice in
the Federal Register.\3\ Interested parties may file rebuttal briefs,
limited to issues raised in the case briefs.\4\ The Department will
consider rebuttal briefs filed not later than five days after the time
limit for filing case briefs. Parties who submit arguments are
requested to submit with each argument a statement of the issue, a
brief summary of the argument, and a table of authorities cited. The
Department intends to issue the final results of this administrative
review, including the results of our analysis of issues raised in the
written comments, within 120 days of publication of these preliminary
results in the Federal Register.
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\3\ See 19 CFR 351.309(c)(1)(ii).
\4\ See 19 CFR 351.309(d).
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Assessment Rates
Upon issuance of the final results, the Department will determine,
and U.S. Customs and Border Protection (``CBP'') shall assess,
antidumping duties on all appropriate entries covered by this
review.\5\ The Department intends to issue assessment instructions to
CBP 15 days after the publication date of the final results of this
review. For any individually examined respondent whose weighted average
dumping margin is above de minimis (i.e., 0.50 percent) in the final
results of this review, the Department will calculate importer-specific
assessment rates on the basis of the ratio of the total amount of
dumping calculated for the importer's examined sales and the total
entered value of sales, in accordance with 19 CFR 351.212(b)(1). In
these preliminary results, the Department applied the assessment rate
calculation method adopted in Final Modification for Reviews, i.e., on
the basis of monthly average-to-average comparisons using only the
transactions associated with that importer with offsets being provided
for non-dumped comparisons.
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\5\ See 19 CFR 351.212(b).
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Where the Department calculates a weighted-average dumping margin
by dividing the total amount of dumping for reviewed sales to that
party by the total sales quantity associated with those transactions,
the Department will direct CBP to assess importer-specific assessment
rates based on the resulting per-unit rates. Where an importer- (or
customer-) specific ad valorem or per-unit rate is greater than de
minimis, the Department will instruct CBP to collect the appropriate
duties at the time of liquidation.\6\ Where an importer- (or customer-)
specific ad valorem or per-unit rate is zero or de minimis, the
[[Page 61387]]
Department will instruct CBP to liquidate appropriate entries without
regard to antidumping duties.\7\
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\6\ See 19 CFR 351.212(b)(1).
\7\ See 19 CFR 351.106(c)(2).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by sections 751(a)(2)(C) of the Act: (1) For NKS, which has a
separate rate, the cash deposit rate will be that established in the
final results of this review (except, if the rate is zero or de
minimis, then zero cash deposit will be required); (2) for previously
investigated or reviewed PRC and non-PRC exporters not listed above
that received a separate rate in a prior segment of this proceeding,
the cash deposit rate will continue to be the existing exporter-
specific rate; (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 that for the PRC-wide entity; 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
exporter 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 Department'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 and 19 CFR 351.221(b)(4).
Dated: October 1, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-24847 Filed 10-5-12; 8:45 am]
BILLING CODE 3510-DS-P