[Federal Register Volume 80, Number 17 (Tuesday, January 27, 2015)]
[Notices]
[Pages 4247-4248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01502]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-983]


Drawn Stainless Steel Sinks From the People's Republic of China: 
Final Rescission of Antidumping Duty New Shipper Review; 2012-2013

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

SUMMARY: On September 30, 2014, the Department of Commerce 
(``Department'') published its preliminary intent to rescind the new 
shipper review (``NSR'') of the antidumping duty order on drawn 
stainless steel sinks (``drawn sinks'') from the People's Republic of 
China (``PRC'') covering the period of review (``POR'') of October 4, 
2012 through October 14, 2013 for Hubei Foshan Success Imp. & Exp. Co. 
Ltd. (``Foshan Success'').\1\ Based on our analysis of comments 
received subsequent to the Preliminary Rescission, the Department 
continues to find that Foshan Success' sale was not bona fide. As a 
result, the Department is rescinding this NSR.
---------------------------------------------------------------------------

    \1\ See Drawn Stainless Steel Sinks From the People's Republic 
of China: Preliminary Intent To Rescind Antidumping Duty New Shipper 
Review; 2012-2013, 79 FR 58743 (September 30, 2014) (``Preliminary 
Rescission'').

---------------------------------------------------------------------------
DATES: Effective Date: January 27, 2015.

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 September 30, 2014, the Department published the Preliminary 
Rescission. On October 22, 2014, Foshan Success submitted a case brief. 
On November 4, 2014, Petitioner \2\ submitted a rebuttal brief. On 
December 12, 2014, the Department extended the time period for issuing 
the final results by 30 days until January 21, 2015.\3\
---------------------------------------------------------------------------

    \2\ Petitioner is Elkay Manufacturing Company.
    \3\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, re: 
Extension of Deadline for Final Results of New Shipper Review of 
Drawn Stainless Steel Sinks From the People's Republic of China, 
dated December 12, 2014.
---------------------------------------------------------------------------

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.\4\
---------------------------------------------------------------------------

    \4\ See ``Issues and Decision Memorandum for Final 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 concurrently with this notice (``Issues and 
Decision Memorandum'') and hereby adopted by this notice, for a 
complete description of the Scope of the Order.
---------------------------------------------------------------------------

Final Rescission of New Shipper Review

    As we explain in the Issues and Decision Memorandum and in the 
proprietary Foshan Success Bona Fides Memorandum \5\ issued with the 
Preliminary Rescission, due to the totality of circumstances, including 
the price and quantity of Foshan Success' single sale and the 
importer's failure to provide evidence that the subject merchandise was 
resold at a profit, we continue to find that Foshan Success' sale is 
not bona fide. As a result, we are rescinding the new shipper review of 
Foshan Success.
---------------------------------------------------------------------------

    \5\ 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.,'' dated September 23, 
2014.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are addressed in 
the Issues and Decision Memorandum, which is dated concurrently and is 
hereby adopted by this notice. A list of the issues raised in the 
briefs and addressed in the Issues and Decision Memorandum is appended 
to this notice. The Issues and Decision Memorandum is a public document 
and is on file electronically via Enforcement and Compliance's 
centralized electronic service system (``ACCESS'').\6\ ACCESS is 
available to registered users at http://access.trade.gov and in the 
Department's Central Records Unit, Room 7064 of the main Department of 
Commerce building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed and electronic 
versions of the Issues and Decision Memorandum are identical in 
content.
---------------------------------------------------------------------------

    \6\ On November 24, 2014, Enforcement and Compliance changed the 
name of Enforcement and Compliance's AD and CVD Centralized 
Electronic Service System (``IA ACCESS'') to AD and CVD Centralized 
Electronic Service System (``ACCESS''). The Web site location was 
changed from http://iaaccess.trade.gov to http://access.trade.gov. 
The Final Rule changing the references to the Regulations can be 
found at 79 FR 69046 (November 20, 2014).
---------------------------------------------------------------------------

Cash Deposit Requirements

    Effective upon publication of the final rescission of the NSR of 
Foshan Success, the Department will instruct CBP to discontinue the 
option of posting a bond or security in lieu of a cash

[[Page 4248]]

deposit for entries of subject merchandise by Foshan Success. Cash 
deposits will be required for exports of subject merchandise by Foshan 
Success entered, or withdrawn from warehouse, for consumption on or 
after the publication date at the PRC-wide rate.

Assessment Instructions

    As the result of the rescission of NSR of Foshan Success, the 
entries of Foshan Success covered by this NSR will be assessed at the 
PRC-wide rate.

Notification to Importers

    This notice serves as a reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries during this review period. 
Failure to comply with this requirement could result in the Secretary 
of Commerce's presumption that reimbursement of the antidumping and/or 
countervailing duties occurred and the subsequent assessment of double 
antidumping duties.

Return of Destruction of Proprietary Information

    This notice serves as a reminder to parties subject to the 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
the APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return or destruction of APO materials, or conversion 
to judicial protective order, is hereby requested. Failure to comply 
with the regulations and the terms of an APO is a sanctionable 
violation.
    This notice is issued and published in accordance with sections 
751(a)(2)(B) and 777(i) of the Act, and 19 CFR 351.214.

    Dated: January 21, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Whether Foshan Success' Sale is Bona Fide

[FR Doc. 2015-01502 Filed 1-26-15; 8:45 am]
BILLING CODE 3510-DS-P