[Federal Register Volume 77, Number 204 (Monday, October 22, 2012)]
[Notices]
[Pages 64545-64546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25953]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-489 (Final) and 731-TA-1201 (Final)]


Drawn Stainless Steel Sinks From China

    Scheduling of the final phase of countervailing duty and 
antidumping investigations.
AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of countervailing duty investigation No. 701-TA-489 (Final) 
under section 705(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b)) 
(the Act) and the final phase of antidumping investigation No. 731-TA-
1201 (Final) under section 735(b) of the Act (19 U.S.C. 1673d(b)) to 
determine whether an industry in the United States is materially 
injured or threatened with material injury, or the establishment of an 
industry in the United States is materially retarded, by reason of 
subsidized and less-than-fair-value imports from China of drawn 
stainless steel sinks, provided for in subheading 7324.10.00 of the 
Harmonized Tariff Schedule of the United States.\1\
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    \1\ For purposes of these investigations, the Department of 
Commerce has defined the subject merchandise as ``drawn stainless 
steel sinks with single or multiple drawn bowls, with or without 
drain boards, whether finished or unfinished, regardless of type of 
finish, gauge, or grade of stainless steel. Mounting clips, 
fasteners, seals, and sound-deadening pads are also covered by the 
scope of these investigations if they are included within the sales 
price of the drawn stainless steel sinks. (Mounting clips, 
fasteners, seals, and sound-deadening pads are not covered by the 
scope of these investigations if they are not included within the 
sales price of the drawn stainless steel sinks, regardless of 
whether they are shipped with or entered with drawn stainless steel 
sinks.) For purposes of this scope definition, the term ``drawn'' 
refers to a manufacturing process using metal forming technology to 
produce a smooth basin with seamless, smooth, and rounded corners. 
Drawn stainless steel sinks are available in various shapes and 
configurations and may be described in a number of ways including 
flush mount, top mount, or undermount (to indicate the attachment 
relative to the countertop). Stainless steel sinks with multiple 
drawn bowls that are joined through a welding operation to form one 
unit are covered by the scope of the investigations. Drawn stainless 
steel sinks are covered by the scope of the investigations whether 
or not they are sold in conjunction with non-subject accessories 
such as faucets (whether attached or unattached), strainers, 
strainer sets, rinsing baskets, bottom grids, or other accessories. 
Excluded from the scope of the investigations are stainless steel 
sinks with fabricated bowls. Fabricated bowls do not have seamless 
corners, but rather are made by notching and bending the stainless 
steel, and then welding and finishing the vertical corners to form 
the bowls. Stainless steel sinks with fabricated bowls may sometimes 
be referred to as ``zero radius'' or ``near zero radius'' sinks.''
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    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A through E (19 CFR part 201), and part 207, subparts A and C 
(19 CFR part 207).

DATES:  Effective Date: October 4, 2012.

FOR FURTHER INFORMATION CONTACT: Stefania Pozzi Porter (202-205-3177), 
Office of Investigations, U.S. International Trade Commission, 500 E 
Street SW., Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
Internet server (http://www.usitc.gov). The public record for these 
investigations may be viewed on the Commission's electronic docket 
(EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Background.--The final phase of these investigations is being 
scheduled as a result of affirmative preliminary determinations by the 
Department of Commerce that certain benefits which constitute subsidies 
within the meaning of section 703 of the Act (19 U.S.C. 1671b) are 
being provided to manufacturers, producers, or exporters in China of 
drawn stainless steel sinks, and that such products are being sold in 
the United States at less than fair value within the meaning of section 
733 of the Act (19 U.S.C. 1673b). The investigations were requested in 
a petition filed on March 1, 2012, by Elkay Manufacturing Company, Oak 
Brook, IL.
    Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to

[[Page 64546]]

participate in the final phase of these investigations as parties must 
file an entry of appearance with the Secretary to the Commission, as 
provided in section 201.11 of the Commission's rules, no later than 21 
days prior to the hearing date specified in this notice. A party that 
filed a notice of appearance during the preliminary phase of the 
investigations need not file an additional notice of appearance during 
this final phase. The Secretary will maintain a public service list 
containing the names and addresses of all persons, or their 
representatives, who are parties to the investigations.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of these investigations 
available to authorized applicants under the APO issued in the 
investigations, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigations. A party granted access 
to BPI in the preliminary phase of the investigations need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on February 
6, 2013, and a public version will be issued thereafter, pursuant to 
section 207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on February 
21, 2013, at the U.S. International Trade Commission Building. Requests 
to appear at the hearing should be filed in writing with the Secretary 
to the Commission on or before February 15, 2013. A nonparty who has 
testimony that may aid the Commission's deliberations may request 
permission to present a short statement at the hearing. All parties and 
nonparties desiring to appear at the hearing and make oral 
presentations should attend a prehearing conference to be held at 9:30 
a.m. on February 19, 2013, at the U.S. International Trade Commission 
Building. Oral testimony and written materials to be submitted at the 
public hearing are governed by sections 201.6(b)(2), 201.13(f), and 
207.24 of the Commission's rules. Parties must submit any request to 
present a portion of their hearing testimony in camera no later than 7 
business days prior to the date of the hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of section 207.23 of the Commission's 
rules; the deadline for filing is February 13, 2013. Parties may also 
file written testimony in connection with their presentation at the 
hearing, as provided in section 207.24 of the Commission's rules, and 
posthearing briefs, which must conform with the provisions of section 
207.25 of the Commission's rules. The deadline for filing posthearing 
briefs is February 28, 2013. In addition, any person who has not 
entered an appearance as a party to the investigations may submit a 
written statement of information pertinent to the subject of the 
investigations, including statements of support or opposition to the 
petition, on or before February 28, 2013. On March 15, 2013, the 
Commission will make available to parties all information on which they 
have not had an opportunity to comment. Parties may submit final 
comments on this information on or before March 19, 2013, but such 
final comments must not contain new factual information and must 
otherwise comply with section 207.30 of the Commission's rules. All 
written submissions must conform with the provisions of section 201.8 
of the Commission's rules; any submissions that contain BPI must also 
conform with the requirements of sections 201.6, 207.3, and 207.7 of 
the Commission's rules. Please be aware that the Commission's rules 
with respect to electronic filing have been amended. The amendments 
took effect on November 7, 2011. See 76 FR 61937 (Oct. 6, 2011) and the 
newly revised Commission's Handbook on E-Filing, available on the 
Commission's Web site at http://edis.usitc.gov.
    Additional written submissions to the Commission, including 
requests pursuant to section 201.12 of the Commission's rules, shall 
not be accepted unless good cause is shown for accepting such 
submissions, or unless the submission is pursuant to a specific request 
by a Commissioner or Commission staff.
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigations must be 
served on all other parties to the investigations (as identified by 
either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.

    Authority: These investigations are being conducted under 
authority of title VII of the Tariff Act of 1930; this notice is 
published pursuant to section 207.21 of the Commission's rules.

     Issued: October 17, 2012.

    By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012-25953 Filed 10-19-12; 8:45 am]
BILLING CODE 7020-02-P