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

 
CONTENT
65345
Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Notices
1
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); and
Certain Kitchen Appliance Shelving and Racks from
the People’s Republic of China: Countervailing Duty
Order, 74 FR 46973 (September 14, 2009)
(collectively, Orders).
2
See Certain Kitchen Appliance Shelving and
Racks from China; Institution of Five-Year Reviews,
85 FR 5980 (February 3, 2020).
3
See Initiation of Five-Year (Sunset) Reviews, 85
FR 5940 (February 3, 2020).
4
See Certain Kitchen Appliance Shelving and
Racks from the People’s Republic of China: Final
Results of the Expedited Second Sunset Review of
the Antidumping Duty Order, 85 FR 35063 (June 8,
2020); and Certain Kitchen Appliance Shelving and
Racks from the People’s Republic of China: Final
Results of the Expedited Second Sunset Review of
the Countervailing Duty Order, 85 FR 35061 (June
8, 2020).
5
See Kitchen Appliance Shelving and Racks from
China, 85 FR 63139 (October 6, 2020).
clad aluminum sheet, as well as multi-alloy,
clad aluminum sheet. With respect to not
clad aluminum sheet, common alloy sheet is
manufactured from a 1XXX-, 3XXX-, or
5XXX-series alloy as designated by the
Aluminum Association. With respect to
multi-alloy, clad aluminum sheet, common
alloy sheet is produced from a 3XXX-series
core, to which cladding layers are applied to
either one or both sides of the core. The use
of a proprietary alloy or non-proprietary alloy
that is not specifically registered by the
Aluminum Association as a discrete 1XXX-
, 3XXX-, or 5XXX-series alloy, but that
otherwise has a chemistry that is consistent
with these designations, does not remove an
otherwise in-scope product from the scope.
Common alloy sheet may be made to
ASTM specification B209–14 but can also be
made to other specifications. Regardless of
specification, however, all common alloy
sheet meeting the scope description is
included in the scope. Subject merchandise
includes common alloy sheet that has been
further processed in a third country,
including but not limited to annealing,
tempering, painting, varnishing, trimming,
cutting, punching, and/or slitting, or any
other processing that would not otherwise
remove the merchandise from the scope of
this investigation if performed in the country
of manufacture of the common alloy sheet.
Excluded from the scope of this
investigation is aluminum can stock, which
is suitable for use in the manufacture of
aluminum beverage cans, lids of such cans,
or tabs used to open such cans. Aluminum
can stock is produced to gauges that range
from 0.200 mm to 0.292 mm, and has an H–
19, H–41, H–48, H–39, or H–391 temper. In
addition, aluminum can stock has a lubricant
applied to the flat surfaces of the can stock
to facilitate its movement through machines
used in the manufacture of beverage cans.
Aluminum can stock is properly classified
under Harmonized Tariff Schedule of the
United States (HTSUS) subheadings
7606.12.3045 and 7606.12.3055.
Where the nominal and actual
measurements vary, a product is within the
scope if application of either the nominal or
actual measurement would place it within
the scope based on the definitions set for the
above.
Common alloy sheet is currently
classifiable under HTSUS subheadings
7606.11.3060, 7606.11.6000, 7606.12.3096,
7606.12.6000, 7606.91.3095, 7606.91.6095,
7606.92.3035, and 7606.92.6095. Further,
merchandise that falls within the scope of
this investigation may also be entered into
the United States under HTSUS subheadings
7606.11.3030, 7606.12.3015, 7606.12.3025,
7606.12.3035, 7606.12.3091, 7606.91.3055,
7606.91.6055, 7606.92.3025, 7606.92.6055,
7607.11.9090. Although the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the scope of this investigation
is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of Investigation
V. Scope Comments
VI. Application of Facts Available and Use of
Adverse Inference
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2020–22820 Filed 10–14–20; 8:45 am]
BILLING CODE 3510–DS–P
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 (Commerce) and the
International Trade Commission (ITC)
that revocation of the antidumping duty
(AD) and countervailing duty (CVD)
orders on certain kitchen appliance
shelving and racks from the People’s
Republic of China (China) would likely
lead to continuation or recurrence of
dumping, countervailable subsidies, and
material injury to an industry in the
United States, Commerce is publishing
a notice of continuation of the AD and
CVD orders.
DATES
: Applicable October 15, 2020.
FOR FURTHER INFORMATION CONTACT
:
Rachel Greenberg, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0652.
SUPPLEMENTARY INFORMATION
:
Background
On September 14, 2009, Commerce
published the AD and CVD orders on
certain kitchen appliance shelving and
racks from China.
1
On February 3, 2020,
the ITC instituted,
2
and Commerce
initiated,
3
the second sunset reviews of
the Orders, pursuant to section 751(c) of
the Tariff Act of 1930, as amended (the
Act). As a result of its reviews,
Commerce determined that revocation
of the Orders would likely lead to
continuation or recurrence of dumping
and countervailing subsidies and,
therefore, notified the ITC of the
magnitude of the margins and net
countervailable subsidy rates likely to
prevail should the Orders be revoked.
4
On October 6, 2020, the ITC
published its determination, pursuant to
sections 751(c) and 752(a) of the Act,
that revocation of the Orders would
likely lead to continuation or recurrence
of material injury to an industry in the
United States within a reasonably
foreseeable time.
5
Scope of the Orders
The product covered by the 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’’ 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
VerDate Sep<11>2014 17:41 Oct 14, 2020 Jkt 253001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\15OCN1.SGM 15OCN1
jbell on DSKJLSW7X2PROD with NOTICES
65346
Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Notices
1
See Common Alloy Aluminum Sheet from
Bahrain, Brazil, Croatia, Egypt, Germany, Greece,
India, Indonesia, Italy, Republic of Korea, Oman,
Romania, Serbia, Slovenia, South Africa, Spain,
Taiwan and the Republic of Turkey: Initiation of
Less-Than-FairValue Investigations, 85 FR 19444
(April 7, 2020) (Initiation Notice).
2
See Common Alloy Aluminum Sheet from
Bahrain, Brazil, Croatia, Egypt, Germany, Greece,
India, Indonesia, Italy, Republic of Korea, Oman,
Romania, Serbia, Slovenia, South Africa, Spain,
Taiwan, and the Republic of Turkey: Postponement
of Preliminary Determinations in the Less-Than-
Fair-Value Investigations, 85 FR 45576 (July 29,
2020).
3
See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination in the
Less-Than-Fair-Value Investigation of Common
Alloy Aluminum Sheet from Turkey,’’ dated
concurrently with, and hereby adopted by this
notice (Preliminary Decision Memorandum).
4
See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5
See Initiation Notice.
6
See Common Alloy Aluminum Sheet from
Bahrain, Brazil, Croatia, Egypt, Germany, Greece,
India, Indonesia, Italy, Republic of Korea, Oman,
Romania, Serbia, Slovenia, South Africa, Spain,
Taiwan, and Turkey: Scope Comments Decision
Memorandum for the Preliminary Determinations,’’
dated October 6, 2020 (Preliminary Scope Decision
Memorandum).
7
Case briefs, other written comments, and
rebuttal briefs submitted in response to this
preliminary LTFV determination should not
include scope-related issues. See ‘‘Public
Comment’’ section of this notice.
—subframes from 6 inches by 10 inches
by 0.1 inch to 28 inches by 34 inches
by 6 inches.
The merchandise under the Orders 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 the Orders may by coated or
uncoated and may by formed and/or
welded. Excluded from the scope of the
Orders is shelving in which the support
surface is glass.
The merchandise subject to the
Orders is currently classified 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, and 8516.90.8000.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of the Orders is dispositive.
Continuation of the Orders
As a result of the determinations by
Commerce and the ITC that revocation
of the Orders would likely lead to a
continuation or a recurrence of dumping
and countervailable subsidies, as well as
material injury to an industry in the
United States, pursuant to section
751(d)(2) of the Act, Commerce hereby
orders the continuation of the Orders.
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 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,
Commerce intends to initiate the next
five-year reviews of the Orders not later
than 30 days prior to the fifth
anniversary of the effective date of
continuation.
Notification to Interested Parties
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).
Dated: October 8, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2020–22807 Filed 10–14–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–839]
Common Alloy Aluminum Sheet From
Turkey: Preliminary Affirmative
Determination of Sales at Less Than
Fair Value, Preliminary Negative
Determination of Critical
Circumstances, Postponement of Final
Determination, and Extension of
Provisional Measures
AGENCY
: Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY
: The Department of Commerce
(Commerce) preliminarily determines
that common alloy aluminum sheet
(aluminum sheet) from Turkey is being,
or is likely to be, sold in the United
States at less than fair value (LTFV). The
period of investigation is January 1,
2019 through December 31, 2019.
Interested parties are invited to
comment on this preliminary
determination.
DATES
: Applicable October 15, 2020.
FOR FURTHER INFORMATION CONTACT
:
Sean Carey, AD/CVD Operations, Office
VII, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3964.
SUPPLEMENTARY INFORMATION
:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on April 7, 2020.
1
On July 29, 2020,
Commerce postponed the preliminary
determination of this investigation, and
the revised deadline is now October 6,
2020.
2
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.
3
A list of topics
included in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at http://enforcement.trade.gov/frn/.
The signed and the electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The products covered by this
investigation are aluminum sheet from
Turkey. For a complete description of
the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,
4
the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).
5
Certain interested
parties commented on the scope of the
investigation as it appeared in the
Initiation Notice. For a summary of the
product coverage comments and
rebuttal responses submitted to the
record for this investigation, and
accompanying discussion and analysis
of all comments timely received, see the
Preliminary Scope Decision
Memorandum.
6
As discussed in the
Preliminary Scope Decision
Memorandum, Commerce is
preliminarily modifying the scope
language as it appeared in the Initiation
Notice. See the revised scope in
Appendix I to this notice.
The deadline to submit scope case
briefs is established in the Preliminary
Scope Decision Memorandum. There
will be no further opportunity for
comments on scope-related issues.
7
VerDate Sep<11>2014 17:41 Oct 14, 2020 Jkt 253001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\15OCN1.SGM 15OCN1
jbell on DSKJLSW7X2PROD with NOTICES