[Federal Register Volume 78, Number 17 (Friday, January 25, 2013)]
[Notices]
[Pages 5414-5416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-01584]
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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; 2010-2011; Final Results of Antidumping Duty
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On October 9, 2012, the Department of Commerce
(``Department'') published its Preliminary Results of the antidumping
duty order on certain kitchen appliance shelving and racks from the
People's Republic of China (``PRC'').\1\ We gave interested parties an
opportunity to comment on the Preliminary Results. After reviewing
interested parties' comments and information received, we have made no
changes for the final results of review. The final antidumping duty
margins for this review are listed below in the ``Final Results of the
Review'' section of this notice. The period of review (``POR'') is
September 1, 2010, through August 31, 2011.
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\1\ See Certain Kitchen Appliance Shelving and Racks From the
People's Republic of China: Antidumping Duty Administrative Review,
2010-2011, 77 FR 61385 (October 9, 2012) (``Preliminary Results'').
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DATES: Effective Date: January 25, 2013.
FOR FURTHER INFORMATION CONTACT: Emeka Chukwudebe, 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) 482-0219.
SUPPLEMENTARY INFORMATION:
Background
The Department published the Preliminary Results on October 9,
2012. In accordance with 19 CFR 351.309(c)(1)(ii), we invited parties
to comment on our Preliminary Results.\2\ On November 28, 2012, New
King Shan (Zhu Hai) Co., Ltd. (``NKS'') filed a case brief. On December
3, 2012, Nashville Wire Products Inc. and SSW Holding Company, Inc.
(collectively, ``Petitioners'') filed a rebuttal brief.
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\2\ See id., 77 FR 61386.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties are
addressed in the ``Certain Kitchen Appliance Shelving and Racks from
the People's Republic of China: Issues and Decision
[[Page 5415]]
Memorandum for the Final Results and Final Partial Rescission of the
Second Antidumping Duty Administrative Review,'' dated concurrently
with this notice (``Issues & Decision Memo''). A list of the issues
raised by interested parties is attached to this notice as Appendix I.
The Issues & Decision Memo 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, room 7046 of the
main Department of Commerce building. In addition, a complete version
of the Issues & Decision Memo can be accessed directly on the Internet
at http://www.trade.gov/ia. The signed Issues & Decision Memo and the
electronic versions of the Issues & Decision Memo are identical in
content.
Scope of the Order
The products covered by the order are certain kitchen appliance
shelving and racks.\3\ The merchandise subject to the order is
currently classifiable under the Harmonized Tariff Schedule of the
United States (``HTSUS'') subheadings 8418.99.8050, 8418.99.8060,
7321.90.5000, 7321.90.6090, 8516.90.8000, 7321.90.6040, 8516.90.8010
and 8419.90.9520. Although the HTSUS subheadings are provided for
convenience and customs purposes, the Department's written description
of the scope of the order remains dispositive.\4\
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\3\ See id., 77 FR 61385-86.
\4\ See 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 FR
46971 (September 14, 2009).
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Changes Since the Preliminary Results
Based on the comments received from the interested parties, we have
made no changes to the Preliminary Results. For a discussion of the
issues, see the Issues & Decision Memo.
Final Partial Rescission
Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an
administrative review, in whole or in part, if a party that requested
the review withdraws the request within 90 days of the date of
publication of the initiation notice of the requested review. As noted
in the Preliminary Results, Petitioners timely requested an
administrative review for Asia Pacific CIS (Wuxi) Co., Ltd., Hengtong
Hardware Manufacturing (Huizhou) Co., Ltd., Jiangsu Weixi Group, Co.,
and Leader Metal Industry Co., Ltd. (aka Marmon Retail Services Asia);
companies that had previously not received a separate rate in earlier
segments of this proceeding. Then Petitioners timely withdrew their
requests for review of the aforementioned companies.\5\ Petitioners
were the only parties to request an administrative review of those
companies.
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\5\ See Preliminary Results, 77 FR 61386.
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For the final results, the Department is rescinding the review with
respect to those companies for which this review was initiated but had
not received a separate rate in earlier segments of this proceeding. As
described above, Petitioners withdrew their review request covering
those companies. The Department did not rescind this review in the
Preliminary Results for those companies that had not established their
eligibility for a separate rate in earlier segments of this proceeding
and were considered part of the PRC-wide entity, which could
potentially be under review for the final results of this
administrative review.\6\ The PRC-wide entity did not come under review
for these final results. Therefore, the Department is rescinding this
review with respect to the above-identified companies.
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\6\ See id.; see also Certain Oil Country Tubular Goods From the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review; 2010-2011, 77 FR 74644, 74645 (December 17,
2012).
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Final Results of the Review
The dumping margins for the POR are as follows:
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Weighted-
average
Exporter dumping
margin
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New King Shan (Zhu Hai) Co., Ltd........................... 0.00%
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Assessment Rates
Consistent with these final results, and pursuant to section
751(a)(2)(B) of the Tariff Act of 1930, as amended (``the Act''), and
19 CFR 351.212(b), the Department will direct U.S. Customs and Border
Protection (``CBP'') to assess antidumping duties on all appropriate
entries. The Department intends to issue assessment instructions to CBP
15 days after the date of publication of the final results of review.
Pursuant to 19 CFR 351.212(b)(1), the Department will calculate
importer (or customer) -specific assessment rates based on the ratio of
the total amount of the dumping margins calculated for the examined
sales to the total entered value of those same sales. The Department
will instruct CBP to assess antidumping duties on all appropriate
entries covered by this review if any importer-specific assessment rate
is above de minimis.
The Department recently announced a refinement to its assessment
practice in non-market economy (``NME'') cases. Pursuant to this
refinement in practice, for entries that were not reported in the U.S.
sales databases submitted by companies individually examined during
this review, the Department will instruct CBP to liquidate such entries
at the NME-wide rate. In addition, if the Department determines that an
exporter under review had no shipments of the subject merchandise, any
suspended entries that entered under that exporter's case number (i.e.,
at that exporter's rate) will be liquidated at the NME-wide rate.\7\
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\7\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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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 all
shipments of the subject merchandise from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) For the exporter
listed above, the cash deposit rate will be established in the final
results of this review (except, if the rate is zero or de minimis,
i.e., less than 0.5 percent, no cash deposit will be required for that
company); (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
which 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.
Disclosure
We will disclose the calculations performed within five days of the
date of publication of this notice to parties in this proceeding in
accordance with 19 CFR 351.224(b).
[[Page 5416]]
Notification to Importers Regarding the Reimbursement of Duties
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties has occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective orders (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return or 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.
We are issuing and publishing this administrative review and notice
in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: January 17, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I--Issues & Decision Memorandum
General Issues
Comment I: Selection of Financial Ratios
Comment II: Liquidation Instructions
[FR Doc. 2013-01584 Filed 1-24-13; 8:45 am]
BILLING CODE 3510-DS-P