[Federal Register Volume 78, Number 233 (Wednesday, December 4, 2013)]
[Notices]
[Pages 72864-72865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29022]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-983]


Drawn Stainless Steel Sinks From the People's Republic of China: 
Initiation of New Shipper Review

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.

SUMMARY: The Department of Commerce (the ``Department'') has determined 
that a request for a new shipper review of the antidumping duty order 
on drawn stainless steel sinks (``drawn sinks'') from the People's 
Republic of China (``PRC''), received on October 25, 2013, meets the 
statutory and regulatory requirements for initiation. The period of 
review (``POR'') of this new shipper review is October 4, 2012, through 
October 14, 2013.

DATES: Effective Date: December 4, 2013.

FOR FURTHER INFORMATION CONTACT: Joy Zhang, AD/CVD Operations, Office 
III, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-1168.

SUPPLEMENTARY INFORMATION:

Background

    The notice announcing the antidumping duty order on drawn sinks 
from the PRC was published in the Federal Register on April 11, 
2013.\1\ On October 25, 2013, we received a timely request for a new 
shipper review from Foshan Success Imp. & Exp Co., Ltd. (``Success'') 
in accordance with 19 CFR 351.214(c).\2\ Success identified itself as 
an exporter of the subject merchandise.
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    \1\ See 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, 78 FR 21592 (April 11, 2013).
    \2\ See Letter from Success entitled ``Drawn Stainless Steel 
Sinks from the People's Republic of China: New Shipper Review 
Request,'' dated October 25, 2013.
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    Pursuant to the requirements set forth in section 751(a)(2)(B)(i) 
of the Tariff Act of 1930, as amended (``the Act''), 19 CFR 
351.214(b)(2)(i), 19 CFR 351.214(b)(2)(ii)(A) and 19 CFR 
351.214(b)(2)(iii)(A), Success certified that: (1) It did not export 
drawn sinks to the United States during the period of investigation 
(``POI''); \3\ (2) since the initiation of the investigation, Success 
has never been affiliated with any company that exported subject 
merchandise to the United States during the POI; \4\ and (3) its export 
activities were not controlled by the central government of the PRC.\5\ 
Success also provided a certification from the producer, Jiangmen Xinhe 
Stainless Steel Products Co., Ltd. (``Xinhe''), which certified that 
Xinhe (1) did not export the subject merchandise to the United States 
during the POI; and that (2) Xinhe has not been affiliated with any 
exporter or producer that exported subject merchandise to the United 
States during the POI, including those not individually examined during 
the POI.\6\ In accordance with 19 CFR 351.214(b)(2)(iv), Success 
submitted documentation establishing the following: (1) The date on 
which it first shipped drawn sinks for export to the United States and 
the date on which the drawn sinks were first entered, or withdrawn from 
warehouse, for consumption; \7\ (2) the volume of its first shipment; 
\8\ and (3) the date of its first sale to an unaffiliated customer in 
the United States.\9\
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    \3\ Id., at Exhibit 2.
    \4\ Id.
    \5\ Id.
    \6\ Id., at Exhibit 3.
    \7\ Id., at Exhibits 1 and 4.
    \8\ Id.
    \9\ Id.
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Period of Review

    Pursuant to 19 CFR 351.214(c), an exporter or producer may request 
a new shipper review within one year of the date on which its subject 
merchandise was first entered. Moreover, 19 CFR 351.214(d)(1) states 
that if the request for the review is made during the six-month period 
ending with the end of the semiannual anniversary month, the Secretary 
will initiate a new shipper review in the calendar month immediately 
following the semiannual anniversary month. Further, 19 CFR 
351.214(g)(1)(ii)(B) states that if the new shipper review was 
initiated in the month immediately following the first semiannual 
anniversary month, the review will normally cover, as appropriate, 
entries, exports, or sales during the period from the date of 
suspension of liquidation under this part to the end of the month 
immediately preceding the first semiannual anniversary month. 
Therefore, the Secretary must initiate this review in November and the 
POR is October 4, 2012, through September 30, 2013.
    In this instance, Success's sale of subject merchandise was made 
during the POR specified by the Department's regulations, but the 
shipment entered within the thirty days after the end of

[[Page 72865]]

that POR. When the sale of the subject merchandise occurs within the 
POR specified by the Department's regulations, but the entry occurs 
after the POR, the specified POR may be extended unless it would be 
likely to prevent the completion of the review within the time limits 
set by the Department's regulations.\10\ Additionally, the preamble to 
the Department's regulations states that both the entry and the sale 
should occur during the POR, and that under ``appropriate'' 
circumstances the Department has the flexibility to extend the POR.\11\ 
The Department finds that extending the POR to capture this entry would 
not prevent the completion of the review within the time limits set by 
the Department's regulations. Therefore, the Department has extended 
the POR for the new shipper review of Success by fourteen days.
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    \10\ See 19 CFR 351.214(f)(2)(ii).
    \11\ See Antidumping Duties; Countervailing Duties; Final Rule, 
62 FR 27296, 27319-320 (May 19, 1997).
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Initiation of New Shipper Review

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 
351.214(d)(2), we find that the request submitted by Success meets the 
threshold requirements for initiation of a new shipper review for 
shipments of drawn sinks from the PRC produced by Xinhe and exported by 
Success. If the information supplied by Success is later found to be 
incorrect \12\ or insufficient during the course of this proceeding, 
the Department may rescind the review or apply adverse facts available, 
depending upon the facts on record. The Department will conduct this 
review according to the deadlines set forth in section 751(a)(2)(B)(iv) 
of the Act.
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    \12\ For example, if we find that the producer exported the 
subject merchandise to the United States, or is affiliated with an 
exporter or producer that exported to the United States during the 
POI.
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    It is the Department's usual practice, in cases involving non-
market economies, to require that a company seeking to establish 
eligibility for an antidumping duty rate separate from the country-wide 
rate provide evidence of de jure and de facto absence of government 
control over the company's export activities. Accordingly, included in 
our questionnaire will be specific questions for ascertaining Success's 
eligibility for a separate rate. The review will proceed if the 
responses provide sufficient indication that Success is not subject to 
either de jure or de facto government control with respect to its 
exports.
    We will instruct CBP to allow, at the option of the importer until 
the completion of the review, the posting of a bond or security in lieu 
of a cash deposit for each entry of the subject merchandise exported by 
Success and produced by Xinhe in accordance with section 
751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). To assist in its 
analysis of the bona fides of this company's sales, upon initiation of 
this new shipper review, the Department will require Success to submit 
on an ongoing basis complete transaction information concerning any 
sales of subject merchandise to the United States that were made 
subsequent to the POR. Interested parties requiring access to 
proprietary information in this new shipper review should submit 
applications for disclosure under administrative protective order in 
accordance with 19 CFR 351.305 and 19 CFR 351.306.
    This initiation and notice are in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214 and 19 CFR 351.221(c)(1)(i).

    Dated: November 27, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2013-29022 Filed 12-3-13; 8:45 am]
BILLING CODE 3510-DS-P