[Federal Register Volume 78, Number 70 (Thursday, April 11, 2013)]
[Notices]
[Pages 21592-21594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08649]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-983]
Drawn Stainless Steel Sinks from the People's Republic of China:
Amended Final Determination of Sales at Less Than Fair Value and
Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (the ``Department'') and the International Trade Commission
(``ITC''), the Department is issuing an antidumping duty order on drawn
stainless steel sinks (``drawn sinks'') from the People's Republic of
China (``PRC''). In addition, the Department is amending its final
determination to correct a ministerial error.
DATES: Effective Date: April 11, 2013.
FOR FURTHER INFORMATION CONTACT: Brooke Kennedy or Eve Wang, AD/CVD
Operations, Office 8, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3818 or (202) 482-6231, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 26, 2013, the Department published the final
determination of sales at less than fair value in the antidumping duty
investigation of drawn sinks from the PRC.\1\ On April 4, 2013, the ITC
notified the Department of its final determination pursuant to section
735(b)(1)(A)(i) of the Tariff Act of 1930, as amended (``the Act''),
that an industry in the United States is materially injured by reason
of imports of drawn sinks from the PRC.\2\
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\1\ See Drawn Stainless Steel Sinks From the People's Republic
of China: Investigation, Final Determination, 78 FR 13019 (February
26, 2013) (``Final Determination'').
\2\ See Drawn Stainless Steel Sinks from China, USITC Pub. 4390,
Investigation Nos. 701-TA-489 and 731-TA-1201 (Final) (April 2013).
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Scope of the Order
The products covered by the scope of this order are drawn stainless
steel sinks
[[Page 21593]]
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 this order if they are
included within the sales price of the drawn stainless steel sinks.\3\
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 order. Drawn stainless steel sinks are covered by the
scope of the order 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.
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\3\ Mounting clips, fasteners, seals, and sound-deadening pads
are not covered by the scope of the order 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.
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Excluded from the scope of the order 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.
The products covered by this order are currently classified in the
Harmonized Tariff Schedule of the United States (``HTSUS'') under
statistical reporting number 7324.10.0000 and 7324.10.00.10. Although
the HTSUS subheadings are provided for convenience and customs
purposes, the written description of the scope is dispositive.
Amendment to the Final Determination
On February 26, 2013, the Department published its affirmative
final determination in this proceeding.\4\ On March 5, 2013, Jiangxi
Zoje Kitchen & Bath Industry Co., Ltd. (``Zoje''), a separate rate
applicant in this investigation submitted a timely ministerial error
allegation and requested, pursuant to 19 CFR 351.224, that the
Department correct the alleged ministerial error by revising Zoje's
combination rates.
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\4\ See Final Determination.
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After analyzing all interested party comments, we have determined,
in accordance with section 735(e) of the Act and 19 CFR 351.224(e),
that we made the following ministerial error in the Final Determination
with respect to Zoje:
We inadvertently assigned a separate rate to the exporter
Zoje in combination with Jiangxi Offidun Industry Co., Ltd. as the only
producer of the subject merchandise. Information provided in Zoje's
separate rate application indicated that Zoje qualified for two
producer-exporter combinations.
For a detailed discussion of the alleged ministerial error, as well as
the Department's analysis, see Memorandum to Paul Piquado, Assistant
Secretary for Import Administration, from Christian Marsh, Deputy
Assistant Secretary for Antidumping and Countervailing Duty Operations,
regarding, ``Final Determination of Antidumping Duty Investigation on
Drawn Stainless Steel Sinks from the People's Republic of China:
Allegation of Ministerial Error,'' dated March 22, 2013.
Antidumping Duty Order
In accordance with sections 735(b)(1)(A)(i) and 735(d) of the Act,
the ITC has notified the Department of its final determination in this
investigation, in which it found that imports of drawn sinks from the
PRC are materially injuring a U.S. industry. Therefore, in accordance
with section 735(c)(2) of the Act, we are publishing this antidumping
duty order.
As a result of the ITC's final determination, in accordance with
section 736(a)(1) of the Act, the Department will direct U.S. Customs
and Border Protection (``CBP'') to assess, upon further instruction by
the Department, antidumping duties equal to the amount by which the
normal value of the merchandise exceeds the export price (or
constructed export price) of the merchandise, for all relevant entries
of drawn sinks from the PRC. These antidumping duties will be assessed
on unliquidated entries from the PRC entered, or withdrawn from
warehouse, for consumption on or after October 4, 2012, the date on
which the Department published the Preliminary Determination, \5\ but
will not include entries occurring after the expiration of the
provisional measures period and before publication of the ITC's final
injury determination, as further described below.
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\5\ See Drawn Stainless Steel Sinks From the People's Republic
of China: Antidumping Duty Investigation, 77 FR 60673 (October 4,
2012) (``Preliminary Determination'').
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Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct CBP to continue to suspend liquidation on entries of subject
merchandise from the PRC. We will also instruct CBP to require cash
deposits equal to the estimated amount by which the normal value
exceeds the U.S. price as indicated in the chart below. These cash
deposit rates will be adjusted, where appropriate, for export subsidies
and estimated domestic subsidy pass-through. These instructions
suspending liquidation will remain in effect until further notice.
Accordingly, effective on the date of publication of the ITC's
final affirmative injury determination, CBP will require, at the same
time as importers would normally deposit estimated duties on this
subject merchandise, a cash deposit equal to the estimated weighted-
average antidumping duty margins as discussed above, adjusted, where
appropriate, for export subsidies and estimated domestic subsidy pass-
through.\6\ The ``PRC-wide'' rate applies to all exporters of subject
merchandise not specifically listed.
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\6\ See sections 736(a)(3), 772(c)(1)(C) and 777A(f) of the Act.
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Provisional Measures
Section 733(d) of the Act states that instructions issued pursuant
to an affirmative preliminary determination may not remain in effect
for more than four months except where exporters representing a
significant proportion of exports of the subject merchandise request
the Department to extend that four-month period to no more than six
months. At the request of the exporters that account for a significant
proportion of exports of drawn stainless steel sinks from the PRC, we
extended the four-month period to no more than six months.\7\ In the
underlying investigation, the Department published the Preliminary
Determination on October 4, 2012. Therefore, the six-month period
beginning on the date of the publication of the Preliminary
Determination ended on April 2, 2013. Furthermore, section 737(b) of
the Act
[[Page 21594]]
states that definitive duties are to begin on the date of publication
of the ITC's final injury determination.
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\7\ See Letter from Guangdong Dongyuan Kitchenware Industrial
Co., Ltd., ``Drawn Stainless Steel Sinks from the People's Republic
of China: Request for Extension of Final Determination,'' dated
September 21, 2012.
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Therefore, in accordance with section 733(d) of the Act and our
practice, we will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of drawn sinks from the PRC entered, or withdrawn
from warehouse, for consumption after April 2, 2013, the date the
provisional measures expired, and through the day preceding the date of
publication of the ITC's final injury determination in the Federal
Register.
Amended Final Determination of Antidumping Investigation
The weighted-average dumping margins are as follows:
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Exporter Producer Percent margin
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Zhongshan Superte Kitchenware Zhongshan Superte 39.87
Co., Ltd/Zhongshan Superte Kitchenware Co., Ltd.
Kitchenware Co., Ltd invoiced
as Foshan Zhaoshun Trade Co.,
Ltd.
Guangdong Dongyuan Kitchenware Guangdong Dongyuan 27.14
Industrial Co., Ltd. Kitchenware
Industrial Co., Ltd.
B&R Industries Limited........ Xinhe Stainless Steel 33.51
Products Co., Ltd and
Jiamen XHHL Stainless
Steel Manufacturing
Co., Ltd.
Elkay (China) Kitchen Elkay (China) Kitchen 33.51
Solutions, Co., Ltd. Solutions, Co., Ltd.
Feidong Import and Export Co., Jiangmen Liantai 33.51
Ltd. Kitchen Equipment
Co.; Jiangmen Xinhe
Stainless Steel
Product Co., Ltd.
Foshan Shunde MingHao Kitchen Foshan Shunde MingHao 33.51
Utensils Co., Ltd. Kitchen Utensils Co.,
Ltd.
Franke Asia Sourcing Ltd...... Guangdong YingAo 33.51
Kitchen Utensils Co.,
Ltd; Franke (China)
Kitchen System Co.,
Ltd.
Grand Hill Work Company....... Zhongshan Xintian 33.51
Hardware Co., Ltd.
Guangdong G-Top Import and Jiangmen Jin Ke Ying 33.51
Export Co., Ltd. Stainless Steel Wares
Co., Ltd.
Guangdong Yingao Kitchen Guangdong Yingao 33.51
Utensils Co., Ltd. Kitchen Utensils Co.,
Ltd.
Hangzhou Heng's Industries Hangzhou Heng's 33.51
Co., Ltd. Industries Co., Ltd.
J&C Industries Enterprise Zhongshan Superte 33.51
Limited. Kitchenware Co., Ltd.
Jiangmen Hongmao Trading Co., Xinhe Stainless Steel 33.51
Ltd. Products Co., Ltd.
Jiangmen New Star Hi-Tech Jiangmen New Star Hi- 33.51
Enterprise Ltd. Tech Enterprise Ltd.
Jiangmen Pioneer Import & Jiangmen Ouert Kitchen 33.51
Export Co., Ltd. Appliance
Manufacturing Co.,
Ltd; Jiangmen XHHL
Stainless Steel
Manufacturing Co.,
Ltd.
Jiangxi Zoje Kitchen & Bath Jiangxi Offidun 33.51
Industry Co., Ltd. Industry Co. Ltd;
Jiangxi Zoje Kitchen
& Bath Industry Co.,
Ltd.
Ningbo Oulin Kitchen Utensils Ningbo Oulin Kitchen 33.51
Co., Ltd. Utensils Co., Ltd.
Primy Cooperation Limited..... Primy Cooperation 33.51
Limited.
Shunde Foodstuffs Import & Bonke Kitchen & 33.51
Export Company Limited of Sanitary Industrial
Guangdong. Co., Ltd.
Zhongshan Newecan Enterprise Zhongshan Xintian 33.51
Development Corporation. Hardware Co., Ltd.
Zhuhai Kohler Kitchen & Zhuhai Kohler Kitchen 33.51
Bathroom Products Co., Ltd. & Bathroom Products
Co., Ltd.
PRC-Wide Rate *............... ...................... 76.53
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* This rate also applies to Jiangmen Liantai Kitchen Equipment Co.,
Jiangmen Xinhe Stainless Steel Product Co., Ltd, Kele Kitchenware Co.,
Ltd, Capstone International Development Corporation, FoShan Fancome
Trading Co., Ltd, and Shenzen Kehuaxing Industrial Ltd.
This notice constitutes the antidumping duty order with respect to
drawn sinks from the PRC pursuant to section 736(a) of the Act.
Interested parties may contact the Department's Central Records Unit,
Room 7043 of the main Commerce building, for copies of an updated list
of antidumping duty orders currently in effect.
This order and amended final determination are published in
accordance with sections 736(a) and 735(e) of the Act and 19 CFR
351.211 and 351.224(e).
Dated: April 8, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-08649 Filed 4-10-13; 8:45 am]
BILLING CODE 3510-DS-P