AD: China Certain Kitchen Appliance Shelving & Racks
The International Trade Administration has amended its final antidumping duty determination and issued an AD duty order on certain kitchen appliance shelving and racks from China.
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(The ITA has determined that it made a ministerial error in its calculations for the final AD duty determination with respect to mandatory respondent New King Shan (Zhu Hai) Co., Ltd., which also changes the AD duty rate for the separate rate respondents1.)
ITC Made Different AD Injury Determinations for Oven Racks & Refrigeration Shelving
In its final injury determination, the International Trade Commission determined that imports of (1) refrigeration shelving from China caused material injury to a domestic industry, and (2) oven racks from China threaten material injury to a domestic industry.
AD Liquidation and Refund Instructions for Oven Racks
Because the International Trade Commission's final injury determination for oven racks is based on the threat of material injury and is not accompanied by a “but for” finding2, the ITA will direct CBP to terminate the suspension of liquidation for oven racks from China with a time of entry prior to September 9, 2009 (the publication date of the ITC's final determination of threat of material injury), and refund any cash deposits made and release any bonds posted from March 5, 2009 (the publication date of the preliminary determination) through September 8, 2009 (the day prior to the publication date of the ITC's final determination of threat of material injury).
AD suspension of liquidation will be in effect for entries of oven racks from China with a time of entry on or after September 9, 2009.
AD Liquidation Instructions for Refrigeration Shelving
Because the ITC determined that imports of refrigeration shelving from China are materially injuring a U.S. industry, the ITA will direct CBP to continue to suspend liquidation on all entries of refrigeration shelving from China with a time of entry on or after March 5, 2009.
AD Cash Deposit Requirements
The ITA will also instruct CBP to require, at the same time as importers would normally deposit estimated duties, AD cash deposits at the amended rates specified below for entries of kitchen appliance shelving and racks from China with a time of entry on or after September 9, 2009 (for both refrigeration shelving and oven racks):
| Exporter | AD Rate |
|---|---|
| Guangdong Wireking Housewares & Hardware Co., Ltd. (aka Foshan Shunde Wireking Housewares & Hardware Co., Ltd.)3 | 95.99% (unchanged) |
| New King Shan (Zhu Hai) Co., Ltd. | 41.92% (from 43.60%) |
| Marmon Retail Services Asia | 41.92% (from 43.60%) |
| Hangzhou Dunli Import & Export Co., Ltd. | 41.92% (from 43.60%) |
| Jiangsu Weixi Group Co. | 41.92% (from 43.60%) |
| China-wide entity (including Asber)4 | 95.99% (unchanged) |
1ITA sources state that the rates published in its Federal Register notice reflect its ministerial error corrections; however, some of the details of its calculations are not available because they contain business proprietary information (BPI).
2A finding that injury would have resulted "but for" the imposition of suspension of liquidation of entries since the preliminary determination.
3The ITA continues to find that subject merchandise exported and produced by Wireking benefited from two export subsidies, and its AD rate above reflects an adjustment for these subsidies. New King Shan and the separate rate respondents' rates listed above also reflect an adjustment for Wireking's export subsidies.
4The China-wide entity includes Asber Enterprise Co., Ltd. (China).
(See ITA notice for more information, including the scope of the order, etc.
See today's issue of ITT, 09091435, for BP summary of the companion countervailing duty order.
See ITT's Online Archives or 07/24/09 news, 09072450, for BP summary of the ITA's final affirmative AD duty determination.)
ITA contact - Julia Hancock (202) 482-1394
ITA notice (FR Pub 09/14/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-22023.pdf.
ITC final injury determination (FR Pub 09/09/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-21692.pdf