[Federal Register Volume 79, Number 51 (Monday, March 17, 2014)]
[Notices]
[Pages 14668-14670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-05832]
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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: Final Results of Countervailing Duty Administrative
Review; 2011
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce (Department) completed its
administrative review of the countervailing duty (CVD) order on certain
kitchen appliance shelving and racks from the People's Republic of
China (PRC) for the period January 1, 2011, through December 31, 2011.
The final net subsidy rate for New King Shan
[[Page 14669]]
(Zhu Hai) Co., Ltd. (NKS) is listed below in the section entitled
``Final Results of the Review.''
DATES: Effective Date: March 17, 2014.
FOR FURTHER INFORMATION CONTACT: Jennifer Meek or Josh Morris, Office
of AD/CVD Operations, Office I, Enforcement and Compliance,
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.
Background
Following the Preliminary Results,\1\ the Department sent a
supplemental questionnaire to NKS regarding the Exemption from City
Maintenance and Construction Taxes and Education Fee Surcharges for
Foreign Invested Enterprises (FIEs) in Guandong Province program. NKS
submitted its timely response on November 6, 2013. The Department
completed a post-preliminary analysis memorandum on December 17,
2013.\2\ NKS submitted a case brief on December 27, 2013. SSW Holding
Company, Inc. and Nashville Wire Products, Inc. (collectively
``Petitioners'') submitted a rebuttal brief on January 3, 2014.
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\1\ See Certain Kitchen Appliance Shelving and Racks from the
People's Republic of China: Countervailing Duty Administrative
Review; 2011, 78 FR 63166 (October 23, 2013) (Preliminary Results).
\2\ See Memorandum to Ronald K. Lorentzen, Acting Assistant
Secretary for Enforcement and Compliance, through Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, through Thomas Gilgunn, Acting Office Director, Office
I, Antidumping and Countervailing Duty Operations, from Jennifer
Meek, Office I, Antidumping and Countervailing Duty Operations,
regarding, ``Countervailing Duty Administrative Review: Certain
Kitchen Appliance Shelving and Oven Racks from the People's Republic
of China: Post-Preliminary Analysis Memorandum,'' (December 17,
2013).
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As explained in the memorandum from the Assistant Secretary for
Enforcement and Compliance, the Department exercised its discretion to
toll deadlines for the duration of the closure of the Federal
Government from October 1, through October 16, 2013.\3\ Therefore, all
deadlines in this segment of the proceeding have been extended by 16
days. Since the new deadline fell on a non-business day, in accordance
with the Department's practice, the revised deadline for the final
results of this review was modified to March 10, 2014.
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\3\ See Memorandum for the Record from Paul Piquado, Assistant
Secretary for Enforcement and Compliance, ``Deadlines Affected by
the Shutdown of the Federal Government'' (October 18, 2013).
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Scope of the Order
The scope of the 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 Piquado,
Assistant Secretary for Enforcement and Compliance, ``Decision
Memorandum for Final Results for the Countervailing Duty Administrative
Review: Kitchen Appliance Shelving and Racks from the People's Republic
of China,'' dated concurrently with this notice (Issues and Decision
Memorandum), and which is hereby adopted by this notice.
Analysis of Comments Received
All issues raised in the parties' briefs are addressed in the
Issues and Decision Memorandum. A list of the issues raised is attached
to this notice as an Appendix. The Issues and Decision Memorandum is a
public document and is on file electronically via Enforcement and
Compliance'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 and Decision Memorandum can be accessed directly
on the Internet at http://enforcement.trade.gov/frn/. The signed Issues
and Decision Memorandum and the electronic versions of the Issues and
Decision Memorandum are identical in content.
Methodology
The Department conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (Act). A full
description of the methodology underlying all of the Department's
conclusions, including our decision to apply facts otherwise available
with an adverse inference, is presented in the Issues and Decision
Memorandum.
Final Results of the Review
In accordance with 19 CFR 351.221(b)(5), we calculated the subsidy
rate shown below for the mandatory respondent, NKS:
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Net subsidy
Producer/exporter rate (%)
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New King Shan (Zhu Hai) Co., Ltd........................ 8.52
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Assessment Rates
The Department intends to issue appropriate assessment instructions
directly to U.S. Customs and Border Protection (CBP) 15 days after
publication of these final results of review, to liquidate shipments of
subject merchandise by NKS entered, or withdrawn from warehouse, for
consumption on or after January 1, 2011, through December 31, 2011, at
the ad valorem assessment rate listed above.
Cash Deposit Instructions
The Department also intends to instruct CBP to collect cash
deposits of estimated countervailing duties in the amount shown above
on shipments of subject merchandise by NKS entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this review. For all non-reviewed companies, 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. Accordingly, the cash deposit rates
that will be applied to companies covered by this order, but not
examined in this review, are those established in the most recently
completed segment of the proceeding for each company. These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
Administrative Protective Order
This notice serves as a reminder to parties subject to
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 written
notification of return or 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.
[[Page 14670]]
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: March 10, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum:
1. Summary
2. Period of Review
3. Scope of the Order
4. Attribution of Subsidies
5. Allocation of Subsidies
6. Subsidies Valuation Information--Benchmarks
7. Use of Facts Otherwise Available and Adverse Inferences
8. Developments Since the Preliminary Results
9. Analysis of Programs
10. Analysis of Comments
Comment 1: Benchmark Calculation for the Wire Rod for Less Than
Adequate Remuneration (``LTAR'') Program
Comment 2: Inclusion of VAT in the Wire Rod for LTAR Benchmark
Calculation
[FR Doc. 2014-05832 Filed 3-14-14; 8:45 am]
BILLING CODE 3510-DS-P