[Federal Register Volume 79, Number 12 (Friday, January 17, 2014)]
[Notices]
[Pages 3176-3177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-00944]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-941]
Certain Kitchen Appliance Shelving and Racks From the People's
Republic of China: Final Results and Partial Rescission of Antidumping
Duty Administrative Review; 2011-2012
AGENCY: Enforcement and Compliance, Formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: On September 4, 2013, the Department of Commerce
(``Department'') published the Preliminary Results \1\ of the 2011-2012
administrative review of the antidumping duty order on certain kitchen
appliance shelving and racks from the People's Republic of China:
(``PRC''). The period of review (``POR'') is September 1, 2011, through
August 31, 2012. We gave interested parties an opportunity to comment
on the Preliminary Results, but we received none. The final weighted-
average dumping margin for the exporter covered by this administrative
review, New King Shan (Zhu Hai) Wire Co., Ltd., is listed in the
``Final Results of Review'' section below.
---------------------------------------------------------------------------
\1\ See Certain Kitchen Appliance Shelving and Racks From the
People's Republic of China: Preliminary Results of Antidumping Duty
Administrative Review; 2011-2012, 78 FR 54450 (September 4, 2013)
(``Preliminary Results'').
---------------------------------------------------------------------------
DATES: Effective Date: January 17, 2014.
FOR FURTHER INFORMATION CONTACT: Emeka Chukwudebe, AD/CVD Operations,
Office 9, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-0219.
SUPPLEMENTARY INFORMATION:
Background
The Department has conducted this administrative review in
accordance with section 751(a) of the Tariff Act of 1930, as amended
(``the Act'').
Scope of the Order
The scope of the order 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 merchandise
under order''). 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 merchandise under the order 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 merchandise under this order
may be coated or uncoated and may be formed and/or welded. Excluded
from the scope of this order is shelving in which the support surface
is glass.
The merchandise subject to the 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, 7321.90.6040, 8516.90.8010 and
8419.90.9520. Although the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the scope
of the order is dispositive.
PRC-Wide Entity
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 Jiangsu Weixi Group, Co. (``Weixi''), a
company that previously has not received a separate rate in earlier
segments of this proceeding. Petitioners were the only parties to
request an administrative review of Weixi, and timely withdrew their
request for review of Weixi.\2\
---------------------------------------------------------------------------
\2\ See Preliminary Results, 78 FR at 54450.
---------------------------------------------------------------------------
In the Preliminary Results, because the PRC-wide entity remained
potentially under review for the final results of this administrative
review, the Department did not rescind this review for Weixi, because
it was part of the PRC-wide entity. The PRC-wide entity did not come
under review for these final results. Therefore, for the final results
the Department is rescinding this review with respect to Weixi, who
remains part of the PRC-wide entity.
Final Results of the Review
The Department has made no changes to the Preliminary Results. As a
result of our review, we determine that the following dumping margin
exists for the period September 1, 2011, through August 31, 2012:
------------------------------------------------------------------------
Weighted-
Exporter average dumping
margin (%)
------------------------------------------------------------------------
New King Shan (Zhu Hai) Co., Ltd.\3\................... 0.00
------------------------------------------------------------------------
Assessment
The Department will determine, and U.S. Customs and Border
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries covered by this review. The Department intends to
issue assessment instructions to CBP 15 days after the publication date
of these final results of this review. In accordance with 19 CFR
351.212(b)(1), we are calculating importer- (or customer-) specific
assessment rates for the merchandise subject to this review. For any
individually examined respondent whose weighted-average
[[Page 3177]]
dumping margin is above de minimis (i.e., 0.50 percent), 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.\4\ We will
instruct CBP to assess antidumping duties on all appropriate entries
covered by this review when the importer-specific assessment rate is
above de minimis. Where either the respondent's weighted-average
dumping margin is zero or de minimis, or an importer-specific
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
---------------------------------------------------------------------------
\3\ In the Preliminary Results, the Department found New King
Shan affiliated with certain entities and treated New King Shan and
one affiliated entity to be a single entity. Because we have not
made any changes to the Preliminary Results, we will assign this
rate to New King Shan and its affiliated entity in this
administrative review. See Preliminary Results, and accompanying
Preliminary Decision Memorandum at pages 3-4.
\4\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).
---------------------------------------------------------------------------
The Department announced a refinement to its assessment practice in
NME cases.\5\ 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.
---------------------------------------------------------------------------
\5\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------
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 section 751(a)(2)(C) of the Act: (1) For New King Shan (Zhu
Hai) Co., Ltd., the cash deposit rate will be that established in the
final results of this review; (2) for previously investigated or
reviewed PRC and non-PRC exporters 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.
Notifications
This notice serves as a final 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 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.
This notice also serves as a reminder to parties subject to the
administrative protective order (``APO'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the
destruction of APO materials or conversion to judicial protective order
is hereby requested. Failure to comply with the regulations and the
terms of an APO is a sanctionable violation.
We are issuing and publishing these results and this notice in
accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR
351.213(d)(4) and 19 CFR 351.213(h)(1).
Dated: January 13, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2014-00944 Filed 1-16-14; 8:45 am]
BILLING CODE 3510-DS-P