80 FR 12983 - Certain Kitchen Appliance Shelving and Racks From the People's Republic of China: Continuation of Antidumping Duty Order and Countervailing Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 48 (March 12, 2015)

As a result of the determinations by the Department of Commerce (the Department) and the International Trade Commission (the ITC) in their five-year (sunset) reviews that revocation of the antidumping (AD) order on certain kitchen appliance shelving and racks (kitchen racks) from the People's Republic of China (PRC) would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing a notice of continuation of the AD order. As a result of the determinations by the Department and the ITC that revocation of the countervailing duty (CVD) order on kitchen racks from the PRC would likely lead to a continuation or recurrence of a countervailable subsidy and material injury to an industry in the United States, the Department is publishing a notice of continuation of the CVD order.

[Federal Register Volume 80, Number 48 (Thursday, March 12, 2015)]
[Notices]
[Pages 12983-12984]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-05711]



[[Page 12983]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-941, C-570-942]


Certain Kitchen Appliance Shelving and Racks From the People's 
Republic of China: Continuation of Antidumping Duty Order and 
Countervailing Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of 
Commerce (the Department) and the International Trade Commission (the 
ITC) in their five-year (sunset) reviews that revocation of the 
antidumping (AD) order on certain kitchen appliance shelving and racks 
(kitchen racks) from the People's Republic of China (PRC) would likely 
lead to a continuation or recurrence of dumping and material injury to 
an industry in the United States, the Department is publishing a notice 
of continuation of the AD order. As a result of the determinations by 
the Department and the ITC that revocation of the countervailing duty 
(CVD) order on kitchen racks from the PRC would likely lead to a 
continuation or recurrence of a countervailable subsidy and material 
injury to an industry in the United States, the Department is 
publishing a notice of continuation of the CVD order.

DATES: March 12, 2015.

FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations, 
Office V (AD Order), or Mary Kolberg, AD/CVD Operations, Office I (CVD 
Order), Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-6905 or (202) 482-1785, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    The Department published its Final AD Determination and Final CVD 
Determination on kitchen racks from the PRC on July 24, 2009, and July 
27, 2009, respectively.\1\ On August 1, 2014, the Department initiated 
the first five-year (sunset) reviews of the AD Order and CVD Order, 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the 
Act).\2\ As a result of its reviews, the Department determined that 
revocation of the AD order would likely lead to a continuation or 
recurrence of dumping and that revocation of the CVD order on kitchen 
racks from the PRC would likely lead to a continuation or recurrence of 
a countervailable subsidy. Therefore, the Department notified the ITC 
of the magnitude of the margins likely to prevail should the AD order 
be revoked, and the net countervailable subsidy rates likely to prevail 
should the CVD order be revoked.\3\ On February 27, 2015, the ITC 
published its determination, pursuant to section 751(c) of the Act, 
that revocation of the AD Order and the CVD Order on kitchen racks from 
the PRC would likely lead to a continuation or recurrence of material 
injury to an industry in the United States within a reasonably 
foreseeable time.\4\
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    \1\ See Certain Kitchen Appliance Shelving and Racks From the 
People's Republic of China: Final Determination of Sales at Less 
Than Fair Value, 74 FR 36656 (July 24, 2009) (Final AD 
Determination); see also Certain Kitchen Appliance Shelving and 
Racks from the People's Republic of China: Final Affirmative 
Countervailing Duty Determination, 74 FR 37012 (July 27, 2009) 
(Final CVD Determination).
    \2\ See Initiation of Five-Year (``Sunset'') Review, 79 FR 44743 
(August 1, 2014).
    \3\ See Certain Kitchen Appliance Shelving and Racks from the 
People's Republic of China: Final Results of Expedited First Sunset 
Review of the Antidumping Duty Order, 79 FR 67423 (November 13, 
2014) and accompanying Issues and Decision Memorandum; see also 
Certain Kitchen Appliance Shelving and Racks From China: Final 
Results of Expedited Sunset Review of the Countervailing Duty Order, 
79 FR 73029 (December 9, 2014) and accompanying Issues and Decision 
Memorandum.
    \4\ See Certain Kitchen Appliance Shelving and Racks From China: 
Determination (Investigation Nos. 701-TA-458 and 731-TA-1154 
(Review)), 80 FR 10713 (February 27, 2015).
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Scope of the Order

    The merchandise covered by these orders 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 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 sub-frames (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 0.10 inch to 16 
inches by 30 inches by 4 inches; or
     Sub-frames from 6 inches by 10 inches by 0.10 inch to 28 
inches by 34 inches by 6 inches.
    The subject merchandise 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 0.20 inch. The subject merchandise may be coated or 
uncoated and may be formed and/or welded. Excluded from the scope of 
the order is shelving in which the support surface is glass.
    The merchandise subject to these orders is currently classifiable 
in the Harmonized Tariff Schedule of the United States (HTSUS) 
statistical reporting 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 description 
of the scope of the order is dispositive.

Continuation of the Orders

    As a result of the determinations by the Department and the ITC 
that revocation of the AD order would likely lead to a continuation or 
recurrence of dumping and that revociation of the CVD order would 
likely lead to continuation or recurrence of a countervailable subsidy 
and material injury to an industry in the United States, pursuant to 
Section 751(d)(2) of the Act, the Department hereby orders the 
continuation of the AD and CVD orders on kitchen racks from the PRC. 
U.S. Customs and Border Protection will continue to collect AD and CVD 
cash deposits at the rates in effect at the time of entry for all 
imports of subject merchandise.
    The effective date of the continuation of the AD and CVD orders 
will be the date of publication in the Federal Register of this notice 
of continuation. Pursuant to section 751(c)(2) of the Act, the 
Department intends to initiate the next five-year review of the AD 
order and CVD order not later than 30 days prior to the fifth 
anniversary effective date of the continuation.
    These five-year sunset reviews and this notice are in accordance 
with section 751(c) of the Act and published pursuant to section 
777(i)(1) of the Act and 19 CFR 351.218(f)(4).


[[Page 12984]]


    Dated: March 6, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-05711 Filed 3-11-15; 8:45 am]
BILLING CODE 3510-DS-P