[Federal Register Volume 79, Number 189 (Tuesday, September 30, 2014)]
[Notices]
[Pages 58743-58744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23285]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-983]


Drawn Stainless Steel Sinks From the People's Republic of China: 
Preliminary Intent To Rescind Antidumping Duty New Shipper Review; 
2012-2013

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

SUMMARY: The Department of Commerce (``Department'') is conducting a 
new shipper review (``NSR'') of the antidumping duty order on drawn 
stainless steel sinks (``drawn sinks'') from the People's Republic of 
China (``PRC''). The period of review (``POR'') is October 4, 2012 
through October 14, 2013. The review covers one exporter of subject 
merchandise, Hubei Foshan Success Imp. & Exp. Co. Ltd. (``Foshan 
Success''). The Department preliminarily determines that Foshan 
Success' sale to the United States was not bona fide and is 
preliminarily rescinding this NSR. Interested parties are invited to 
comment on these preliminary results.

DATES: Effective Date: September 30, 2014.

FOR FURTHER INFORMATION CONTACT: Joy Zhang or Erin Begnal, 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 or (202) 482-1442, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On November 27, 2013, the Department initiated an NSR of the 
antidumping duty order on drawn sinks from the PRC, exported by Foshan 
Success and produced by Jiangmen Xinhe Stainless Steel Products Co., 
Ltd.\1\ The POR is October 4, 2012, through October 14, 2013. On May 6, 
2014, the Department extended the time period for issuing the 
preliminary results by 120 days until September 23, 2014.\2\
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    \1\ See Drawn Stainless Steel Sinks from the People's Republic 
of China: Initiation of New Shipper Review, 78 FR 72864 (December 4, 
2013).
    \2\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, re: 
Extension of Deadline for Preliminary Results of New Shipper Review 
of Drawn Stainless Steel Sinks from the People's Republic of China, 
dated May 6, 2014.
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Scope of the Order

    The products covered by the scope of the order are 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. The products covered by this order 
are currently classified in the Harmonized Tariff Schedule of the 
United States (``HTSUS'') under statistical reporting numbers 
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.\3\
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    \3\ See ``Issues and Decision Memorandum for Preliminary Results 
of Antidumping Duty New Shipper Review: Drawn Stainless Steel Sinks 
from the People's Republic of China'' from Christian Marsh, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations to Paul Piquado, Assistant Secretary for Enforcement and 
Compliance, dated September 23, 2014 (``Preliminary Decision 
Memorandum'') and hereby adopted by this notice, for a complete 
description of the Scope of the Order.
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Methodology

    The Department conducted this review in accordance with section 
751(a)(2)(B) of the Tariff Act of 1930, as amended (``the Act'') and 19 
CFR 351.214. For a full description of the methodology underlying our 
conclusions, see the Appendix accompanying this notice and the 
Preliminary Decision Memorandum. The Preliminary Decision Memorandum is 
a public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (``IA ACCESS''). IA ACCESS is available to registered 
users at http://iaaccess.trade.gov and in the Central Records Unit, 
room 7046 of the main Department of Commerce building. In addition, a 
complete version of the Preliminary Decision Memorandum can be accessed 
directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision Memorandum and the 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Preliminary Rescission of New Shipper Review

    As discussed in the Preliminary Decision Memorandum, the Department 
preliminarily finds that the sale by Foshan Success is not a bona fide 
sale and that the sale does not provide a reasonable or reliable basis 
for calculating a dumping margin.\4\ The Department reached this 
conclusion based on the totality of circumstances, namely: (1) The 
price and quantity of Foshan Success' single sale; (2) the importer's 
failure to provide evidence that the subject merchandise was resold at 
a profit; and (3) expenses arising from making the transaction.\5\ 
Because this non-bona fide sale was the only sale of subject 
merchandise during the POR, the Department is preliminarily rescinding 
the NSR.
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    \4\ See Memorandum to Melissa Skinner, Director, Office III, 
Antidumping and Countervailing Duty Operations, through Erin Begnal, 
Program Manager, Office III, Antidumping and Countervailing Duty 
Operations, from Joy Zhang, International Trade Analyst, titled 
``Antidumping Duty New Shipper Review of Drawn Stainless Steel Sinks 
from the People's Republic of China: Bona Fide Sales Analysis for 
Hubei Foshan Success Imp. & Exp. Co., Ltd.,'' (Bona fides 
Memorandum) dated concurrently and hereby adopted by this notice.
    \5\ See id.
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Disclosure and Public Comments

    The Department intends to disclose the analysis performed to 
parties to the proceeding within five days after the date of 
publication of this notice.\6\
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    \6\ See 19 CFR 351.224(b).
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    Interested parties are invited to comment on the preliminary 
results of this review. Interested parties may submit case briefs no 
later than 30 days after the date of publication of the preliminary 
results of review.\7\ Rebuttal briefs, limited to issues raised in such 
briefs, may be filed no later than five days after the time limit for 
filing the case briefs.\8\
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    \7\ See 19 CFR 351.309(c)(1)(ii); Parties submitting written 
comments must submit them pursuant to the Department's e-filing 
regulations. See 19 CFR 351.303 (for general filing requirements); 
see also https://iaaccess.trade.gov/help/IA%20ACCESS%20User%20Guide.pdf.
    \8\ See 19 CFR 351.309(d)(1)-(2).
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    Any interested party may request a hearing within 30 days of 
publication of the preliminary results in the Federal

[[Page 58744]]

Register.\9\ Hearing requests should contain the following information: 
(1) The party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of the issues to be discussed. Oral 
presentations will be limited to issues raised in the briefs. If a 
request for a hearing is made, parties will be notified of the time and 
date for the hearing to be held at the U.S. Department of Commerce, 
1401 Constitution Avenue NW., Washington, DC 20230.\10\
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    \9\ See 19 CFR 351.310(c).
    \10\ See 19 CFR 351.310(d).
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    The Department intends to issue the final results of this NSR, 
which will include the results of its analysis of issues raised in all 
comments and at any hearing, within 90 days of publication of these 
preliminary results, pursuant to section 751(a)(2)(B)(iv) of the Act.

Assessment Rates

    Upon completion of the final results, pursuant to 19 CFR 
351.212(b), the Department will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries. If we proceed to a final rescission of this NSR, Foshan 
Success' entry will be assessed at the rate entered.\11\ If we do not 
proceed to a final rescission of this NSR, pursuant to 19 CFR 
351.212(b)(1), we will calculate importer-specific (or customer) ad 
valorem duty assessment rates. We will instruct CBP to assess 
antidumping duties on all appropriate entries covered by this review if 
any importer-specific assessment rate calculated in the final results 
of this review is above de minimis.\12\
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    \11\ See 19 CFR 351.212(c).
    \12\ See 19 CFR 351.106(c)(2).
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    In either case, the Department intends to issue assessment 
instructions to CBP 15 days after the date of publication of the final 
results of review. The final results of this review shall be the basis 
for the assessment of antidumping duties on entries of merchandise 
covered by the final results of this review and for future deposits of 
estimated duties, where applicable.

Cash Deposit Requirements

    Effective upon publication of the final rescission or the final 
results of this NSR, pursuant to section 751(a)(2)(B)(iii) of the Act 
and 19 CFR 351.214(e), the Department will instruct CBP to discontinue 
the option of posting a bond or security in lieu of a cash deposit for 
entries of subject merchandise by Foshan Success. If the Department 
proceeds to a final rescission of this NSR, the cash deposit rate will 
continue to be the PRC-wide rate for Foshan Success because the 
Department will not have determined an individual margin of dumping for 
Foshan Success. If the Department issues final results for this NSR, 
the Department will instruct CBP to collect cash deposits, effective 
upon the publication of the final results, at the rates established 
therein.

Notification to Interested Parties

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 FR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing this determination in accordance with 
sections 751(a)(2)(B) and 777(i)(1) of the Act.

    Dated: September 23, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

Summary
Background
Scope of the Order
Discussion of the Methodology Bona fides Analysis
Conclusion

[FR Doc. 2014-23285 Filed 9-29-14; 8:45 am]
BILLING CODE 3510-DS-P