Message body
Full text as published by U.S. Customs and Border Protection
MESSAGE NO: 9071202
DATE: 03 11 2009
CATEGORY: ADA
TYPE: PRE
REFERENCE:
REFERENCE DATE:
CASES:
A - 570 - 941
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PERIOD COVERED:
03 05 2009
TO
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: PRELIMINARY DETERMINATION IN THE ANTIDUMPING DUTY
INVESTIGATION OF CERTAIN KITCHEN APPLIANCE SHELVING
AND RACKS FROM CHINA (A-570-941)
1. ON 03/05/2009, COMMERCE WILL PUBLISH IN THE FEDERAL REGISTER
ITS PRELIMINARY DETERMINATION OF SALES AT LESS THAN FAIR VALUE
IN THE ANTIDUMPING DUTY INVESTIGATION OF CERTAIN KITCHEN
APPLIANCE SHELVING AND RACKS FROM THE PEOPLE'S REPUBLIC OF
CHINA AND THE POSTPONEMENT OF THE FINAL DETERMINATION IN THE
ANTIDUMPING DUTY INVESTIGATION (74 FR 9591).
2. THE MERCHANDISE COVERED BY THIS INVESTIGATION IS 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 SUBJECT MERCHANDISE").
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)
THE FOLLOWING DIMENSIONS APPLY:
--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 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 0.2 INCH. THE SUBJECT
MERCHANDISE MAY BE COATED OR UNCOATED AND MAY BE FORMED AND/OR
WELDED.
EXCLUDED FROM THE SCOPE OF THIS INVESTIGATION IS SHELVING IN
WHICH THE SUPPORT SURFACE IS GLASS.
THE MERCHANDISE SUBJECT TO THIS INVESTIGATION IS CURRENTLY
CLASSIFIABLE IN THE HARMONIZED TARIFF SCHEDULE OF THE UNITED
STATES ("HTSUS") STATISTICAL REPORTING NUMBERS 8418.99.8050,
8418.99.80.60, 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 THIS
INVESTIGATION IS DISPOSITIVE.
3. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER A-570-941.
4. FOR IMPORTS OF CERTAIN KITCHEN APPLIANCE SHELVING AND RACKS
FROM THE PRC, CBP SHALL SUSPEND LIQUIDATION OF SUCH SHIPMENTS
ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION ON OR
AFTER 03/05/2009.
5. EFFECTIVE 03/05/2009, CBP SHALL REQUIRE, FOR ENTRIES OF
CERTAIN KITCHEN APPLIANCE SHELVING AND RACKS FROM THE
EXPORTER/PRODUCER COMBINATIONS LISTED BELOW, A CASH DEPOSIT OR
THE POSTING OF A BOND EQUAL TO THE ANTIDUMPING DUTY MARGIN(S)
SHOWN BELOW:
EXPORTER/PRODUCER
CUSTOMS ID NUMBER
MARGIN
EXPORTED AND MANUFACTURED BY GUANDONG
A-570-941-001
24.49
WIREKING HOUSEWARES & HARDWARE CO., LTD.
(A/K/A FOSHAN SHUNDE WIREKING HOUSEWARES
& HARDWARE CO., LTD.
EXPORTED AND MANUFACTURED BY NEW KING
A-570-941-002
15.98
SHAN (ZHU HAI) CO., LTD.
EXPORTED BY MARMON RETAIL SERVICES ASIA
A-570-941-003
20.24
AND MANUFACTURED BY LEADER METAL INDUSTRY
CO., LTD. (A/K/A MARMON RETAIL SERVICES
ASIA)
EXPORTED AND MANUFACTURED BY HANGZHOU
A-570-941-004
20.24
DUNLI IMPORT & EXPORT CO., LTD.
EXPORTED AND MANUFACTURED BY JIANGSU
A-570-941-005
20.24
WEIXI GROUP CO.
PRC-WIDE
A-570-941-000
96.45
GUANDONG WIREKING HOUSEWARES & HARDWARE CO., LTD. (A/K/A FOSHAN
SHUNDE WIREKING HOUSEWARES & HARDWARE CO., LTD.)'S CASH DEPOSIT
RATE HAS BEEN ADJUSTED FOR THE EXPORT SUBSIDY RATE DETERMINED
FOR GUANDONG WIREKING HOUSEWARES & HARDWARE CO., LTD. (A/K/A
FOSHAN SHUNDE WIREKING HOUSEWARES & HARDWARE CO., LTD.) IN THE
COMPANION PRELIMINARY AFFIRMATIVE COUNTERVAILING DUTY
DETERMINATION OF CERTAIN KITCHEN APPLIANCE SHELVING AND RACKS
FROM THE PEOPLE'S REPUBLIC OF CHINA (74 FR 683).
IN ADDITION, BECAUSE GUANDONG WIREKING HOUSEWARES & HARDWARE CO.,
LTD. (A/K/A FOSHAN SHUNDE WIREKING HOUSEWARES & HARDWARE CO.,
LTD.)'S WAS ASSIGNED TO THE ALL OTHERS RATE IN THE COMPANION
PRELIMINARY AFFIRMATIVE COUNTERVAILING DUTY DETERMINATION OF
CERTAIN KITCHEN APPLIANCE SHELVING AND RACKS FROM THE PEOPLE'S
REPUBLIC OF CHINA, THE ALL OTHERS RATE BENEFITED FROM EXPORT
SUBSIDIES (74 FR 683).
THEREFORE, AS NEW KING SHAN (ZHU HAI)CO., LTD., MARMON RETAIL
SERVICES ASIA, HANGZHOU DUNLI IMPORT & EXPORT CO., LTD., AND
JIANGSU WEIXI GROUP CO. IS PART OF THE ALL OTHERS RATE IN THE
COMPANION PRELIMINARY AFFIRMATIVE COUNTERVAILING DUTY
DETERMINATION OF CERTAIN KITCHEN APPLIANCE SHELVING AND RACKS
FROM THE PEOPLE'S REPUBLIC OF CHINA, WE HAVE ADJUSTED THEIR
CASH DEPOSIT RATE OR THE POSTING OF A BOND BY THE RESPECTIVE
EXPORT SUBSIDIES (74 FR 683, 74 FR 9591).
6. FOR ALL OTHER ENTRIES OF CERTAIN KITCHEN APPLIANCE SHELVING
AND RACKS FROM THE PRC, THE FOLLOWING CASH DEPOSIT/BONDING
INSTRUCTIONS APPLY:
A. FOR ALL PRC EXPORTERS OF CERTAIN KITCHEN APPLIANCE SHELVING
AND RACKS WHICH HAVE NOT RECEIVED THEIR OWN RATE, THE
CASH-DEPOSIT OR BONDING RATE WILL BE THE PRC-WIDE RATE.
B. FOR ALL NON-PRC EXPORTERS OF CERTAIN KITCHEN APPLIANCE
SHELVING AND RACKS WHICH HAVE NOT RECEIVED THEIR OWN RATE, THE
CASH-DEPOSIT OR BONDING RATE WILL BE THE RATE APPLICABLE TO THE
PRODUCER/EXPORTER COMBINATIONS THAT SUPPLIED THAT NON-PRC
EXPORTER.
7. IN ACCORDANCE WITH T.D. 85-145, AT THE DISCRETION OF CBP,
CUSTOMS OFFICERS MAY ACCEPT EITHER A SINGLE-ENTRY BASIC
IMPORTATION AND ENTRY BOND OR A CONTINUOUS BASIC IMPORTATION
AND ENTRY BOND ONLY IF THE AMOUNT OF THE ESTIMATED ANTIDUMPING
OR COUNTERVAILING DUTY IS LESS THAN FIVE PERCENT AD VALOREM (OR
THE EQUIVALENT).
OTHERWISE, WHERE THE IMPORTER HAS THE OPTION TO POST A BOND
FOR ESTIMATED ANTIDUMPING OR COUNTERVAILING DUTIES, CUSTOMS
OFFICERS MUST REQUIRE A SINGLE-ENTRY BASIC IMPORTATION AND
ENTRY BOND PURSUANT TO T.D. 85-145. YOU ARE INSTRUCTED TO
ADHERE TO THE REQUIREMENTS OF T.D. 85-145 WITH RESPECT TO
THESE BONDING REQUIREMENTS.
8. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP
OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE
CONTACT DAVINA HASHMI OR RON TRENTHAM AT THE OFFICE OF AD/CVD
OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984
OR (202) 482-3577, RESPECTIVELY (GENERATED BY O9:KM).
9. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
DAVID M. GENOVESE