[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:

------------------------------------------------------------------------
           Exporter                    Producer          Percent margin
------------------------------------------------------------------------
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