[Federal Register Volume 78, Number 205 (Wednesday, October 23, 2013)]
[Notices]
[Pages 63166-63167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-24836]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-942]
Certain Kitchen Appliance Shelving and Racks From the People's
Republic of China: Countervailing Duty Administrative Review; 2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the countervailing duty order on certain
kitchen appliance shelving and racks (kitchen racks) from the People's
Republic of China (PRC). The period of review (POR) is January 1, 2011,
through December 31, 2011. We preliminarily determine that New King
Shan (Zhu Hai) Co., Ltd. (NKS) received countervailable subsidies
during the POR. We are also rescinding this review for Jiangsu Weixi
Group Co. (Weixi).
DATES: Effective October 23, 2013.
FOR FURTHER INFORMATION CONTACT: Jennifer Meek or Josh Morris, Office
of 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-
2778 and (202) 482-1779, respectively.
Scope of the Order
This order covers shelving and racks for refrigerators, freezers,
combined refrigerator-freezers, other refrigerating or freezing
equipment, cooking stoves, ranges, and ovens. The merchandise subject
to the order is currently classifiable under the Harmonized Tariff
Schedule of the United States (HTSUS) numbers 8418.99.80.50,
7321.90.50.00, 7321.90.60.40, 7321.90.60.90, 8418.99.80.60,
8419.90.95.20, 8516.90.80.00, and 8516.90.80.10. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written product description remains dispositive.
A full description of the scope of the order is contained in the
memorandum from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations to Paul
[[Page 63167]]
Piquado, Assistant Secretary for Import Administration, ``Decision
Memorandum for Preliminary Results for the Countervailing Duty
Administrative Review: Kitchen Appliance Shelving and Racks from the
People's Republic of China,'' dated concurrently with this notice
(Preliminary Decision Memorandum), which is 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, 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.
Partial Rescission of the Administrative Review
Pursuant to 19 CFR 351.213(d)(1), we are rescinding this
administrative review with respect to Weixi because the review request
was timely withdrawn.
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). For each
of the subsidy programs found countervailable, we preliminarily
determine that there is a subsidy, i.e., a government-provided
financial contribution that gives rise to a benefit to the recipient,
and that the subsidy is specific.\1\ In making these findings, we have
relied, in part, on facts available and, because one or more
respondents did not act to the best of their ability to respond to the
Department's requests for information, we have drawn an adverse
inference in selecting from among the facts otherwise available.\2\
Finally, we were not able to make a preliminary determination of
countervailability for one program because we require further
information.\3\ We intend to seek that information and address the
program in a post-preliminary analysis prior to our final results.
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\1\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity. For a
full description of the methodology underlying our conclusions, see
Preliminary Decision Memorandum.
\2\ See sections 776(a) and (b) of the Act. For further
discussion, see Preliminary Decision Memorandum at ``Use of Facts
Otherwise Available and Adverse Inferences.''
\3\ See Preliminary Decision Memorandum at ``Programs for Which
More Information is Required.''
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Preliminary Results of the Review
As a result of this review, we preliminarily determine a net
subsidy rate of 8.52 percent for NKS for the period January 1, 2011,
through December 31, 2011.
Assessment Rates
For Weixi, countervailing duties shall be assessed at rates equal
to the cash deposit of estimated countervailing duties required at the
time of entry, or withdrawal from warehouse, for consumption, during
the period January 1, 2011, through December 31, 2011, in accordance
with 19 CFR 351.212(c)(1)(i). The Department intends to issue
appropriate assessment instructions directly to U.S. Customs and Border
Protection (CBP) 15 days after publication of this notice. For NKS, we
intend to issue instructions to CBP 15 days after publication of the
final results of this review.
Cash Deposit Instructions
The Department also intends to instruct CBP to collect cash
deposits of estimated countervailing duties in the amount shown above
for NKS. For all non-reviewed firms, we will instruct CBP to continue
to collect cash deposits of estimated countervailing duties at the most
recent company-specific or all-others rate applicable to the company.
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
Disclosure and Public Comment
The Department will disclose to parties to this proceeding the
calculations performed in reaching the preliminary results within five
days of the date of publication of these preliminary results.\4\ Due to
the Department's intention to release a post-preliminary analysis
memorandum, interested parties may submit written comments (case
briefs) no later than one week after the issuance of that memorandum
and rebuttal comments (rebuttal briefs) within five days after the time
limit for filing case briefs. Pursuant to 19 CFR 351.309(d)(2),
rebuttal briefs must be limited to issues raised in the case briefs.
Parties who submit arguments are requested to submit with the argument:
(1) A statement of the issue; (2) a brief summary of the argument; and
(3) a table of authorities.
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\4\ See 19 CFR 351.224(b).
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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 within
30 days after the date of publication of this notice.\5\ 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, we 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.\6\ Parties should
confirm by telephone the date, time, and location of the hearing.
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\5\ See 19 CFR 351.310(c).
\6\ See 19 CFR 351.310.
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Parties are reminded that briefs and hearing requests are to be
filed electronically using IA ACCESS and that electronically filed
documents must be received successfully in their entirety by 5:00 p.m.
Eastern Time on the due date.
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, the Department will issue the final results of this
administrative review, including the results of our analysis of the
issues raised by the parties in their comments, within 120 days after
issuance of these preliminary results.
This administrative review and notice are issued and published in
accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR
351.213.
Dated: September 30, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
1. Background
2. Scope of the Order
3. Use of Facts Otherwise Available and Adverse Inferences
4. Subsidies Valuation Information
5. Analysis of Programs
[FR Doc. 2013-24836 Filed 10-22-13; 8:45 am]
BILLING CODE 3510-DS-P