[Federal Register Volume 80, Number 88 (Thursday, May 7, 2015)]
[Notices]
[Pages 26227-26229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11083]


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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 Results of the Antidumping Duty Administrative Review; 
2012-2014

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


[[Page 26228]]


SUMMARY: The Department of Commerce (Department) is conducting an 
administrative review of the antidumping duty order on drawn stainless 
steel sinks (drawn sinks) from the People's Republic of China (PRC). 
The administrative review covers 11 exporters, of which the Department 
selected two as mandatory respondents for individual examination (i.e., 
Guangdong Dongyuan Kitchenware Industrial Co., Ltd. (Dongyuan) and 
Guangdong Yingao Kitchen Utensils Co., Ltd. (Yingao)). The period of 
review (POR) is October 4, 2012, through March 31, 2014.
    The Department preliminarily finds that Dongyuan and Yingao both 
made sales of subject merchandise at less than normal value (NV) during 
the POR. If these preliminary results are adopted in the final results 
of this review, we will instruct U.S. Customs and Border Protection 
(CBP) to assess antidumping duties on all appropriate entries. 
Interested parties are invited to comment on these preliminary results.

DATES: Effective Date: May 7, 2015.

FOR FURTHER INFORMATION CONTACT: Brian C. Smith or Brandon Custard, AD/
CVD Operations, Office II, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-1766 and (202) 
482-1823, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The products covered by the order include drawn stainless steel 
sinks. Imports of subject merchandise are currently classified under 
the Harmonized Tariff Schedule of the United States (HTSUS) subheadings 
7324.10.0000 and 7324.10.0010. Although the HTSUS subheadings are 
provided for convenience and customs purposes, the written description 
of the scope of the order is dispositive.\1\
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    \1\ For a complete description of the Scope of the Order, see 
``Decision Memorandum for Preliminary Results of Antidumping Duty 
Administrative 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 April 30, 
2015 (Preliminary Decision Memorandum), issued concurrently with and 
hereby adopted by this notice.
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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). Export 
prices have been calculated in accordance with section 772 of the Act. 
Because the PRC is a non-market economy (NME) within the meaning of 
section 771(18) of the Act, NV has been calculated in accordance with 
section 773(c) of the Act.
    For a full description of the methodology underlying our 
conclusions, see 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 (ACCESS). ACCESS is available to 
registered users at http://access.trade.gov; the Preliminary Decision 
Memorandum is also available to all parties 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 Enforcement and Compliance's Web site at 
http://www.trade.gov/enforcement/. The signed Preliminary Decision 
Memorandum and the electronic version of the Preliminary Decision 
Memorandum are identical in content. A list of the topics discussed in 
the Preliminary Decision Memorandum is attached as the Appendix to this 
notice.

Preliminary Results of Review

    Because Feidong Import & Export Co., Ltd., Shunde Native Produce 
Import & Export Co, Ltd. of Guangdong, and Zhongshan Silk Import & 
Export Group Co., Ltd. of Guangdong did not demonstrate they were 
entitled to a separate rate, the Department preliminarily finds these 
companies to be part of the PRC-wide entity.\2\ The rate previously 
established for the PRC-wide entity is 76.53 percent.\3\
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    \2\ See Preliminary Decision Memorandum. Pursuant to the 
Department's change in practice, the Department no longer considers 
the NME entity as an exporter conditionally subject to 
administrative reviews. See Antidumping Proceedings: Announcement of 
Change in Department Practice for Respondent Selection in 
Antidumping Duty Proceedings and Conditional Review of the Nonmarket 
Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963, 
65970 (November 4, 2013). Under this practice, the NME entity will 
not be under review unless a party specifically requests, or the 
Department self-initiates, a review of the entity. Because no party 
requested a review of the entity, the entity is not under review and 
the entity's rate is not subject to change.
    \3\ The PRC-wide rate determined in the investigation was 76.53 
percent. 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). This 
rate was adjusted for export subsidies and estimated domestic 
subsidy pass through to determine the cash deposit rate (76.45 
percent) collected for companies in the PRC-wide entity. See 
explanation in Drawn Stainless Steel Sinks From the People's 
Republic of China: Investigation, Final Determination, 78 FR 13019 
(February 26, 2013).
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    The Department preliminarily determines that the following 
weighted-average dumping margins exist for the period October 4, 2012, 
through March 31, 2014:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporters                             dumping
                                                              margin
                                                             (percent)
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Foshan Zhaoshun Trade Co., Ltd.*........................            2.14
Guangdong Dongyuan Kitchenware Industrial Co., Ltd......            0.81
Guangdong New Shichu Import & Export Company Limited *..            2.14
Guangdong Yingao Kitchen Utensils Co., Ltd..............            5.55
Yuyao Afa Kitchenware Co., Ltd.*........................            2.14
Zhongshan Newecan Enterprise Development Corporation                2.14
 Limited *..............................................
Zhongshan Superte Kitchenware Co., Ltd.*................            2.14
------------------------------------------------------------------------
* This company demonstrated that it qualified for a separate rate in
  this administrative review. The rate for this company is the average
  of the weighted-average dumping margins assigned to Dongyuan and
  Yingao. See the Preliminary Decision Memorandum.

Disclosure and Public Comment

    The Department intends to disclose to the parties the calculations 
performed for these preliminary results within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b). 
Interested parties may submit case briefs no later than 30 days after 
the date of publication of these preliminary results of review.\4\ 
Rebuttals to case briefs may be filed no later than five days after the 
written comments are filed and all rebuttal comments must be limited to 
comments raised in the case briefs.\5\
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    \4\ See 19 CFR 351.309(c).
    \5\ See 19 CFR 351.309(d).
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    Any interested party may request a hearing within 30 days of 
publication of this notice.\6\ 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

[[Page 26229]]

Constitution Avenue NW., Washington, DC 20230.\7\
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    \6\ See 19 CFR 351.310(c).
    \7\ See 19 CFR 351.310(d).
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    Unless otherwise extended, the Department intends to issue the 
final results of this administrative review, which will include the 
results of its analysis of issues raised in the case briefs, within 120 
days of publication of these preliminary results, pursuant to section 
751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review.\8\ The Department intends to issue appropriate 
assessment instructions to CBP 15 days after the publication of the 
final results of this review.
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    \8\ See 19 CFR 351.212(b)(1).
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    For each individually-examined respondent in this review (i.e., 
Dongyuan and Yingao) which has a weighted-average dumping margin which 
is not zero or de minimis (i.e., less than 0.5 percent), we will 
calculate importer- (or customer-) specific per-unit duty assessment 
rates based on the ratio of the total amount of dumping calculated for 
the importer's (or customer's) examined sales to the total sales 
quantity associated with those sales, in accordance with 19 CFR 
351.212(b)(1).\9\ Where either the respondent's weighted-average 
dumping margin is zero or de minimis, or an importer- (or customer-) 
specific assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
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    \9\ In these preliminary results, the Department applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
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    For the respondents which were not selected for individual 
examination in this administrative review and which qualified for a 
separate rate, the assessment rate will be equal to the average of the 
weighted-average dumping margins assigned to Dongyuan and Yingao in the 
final results of this review.
    For the final results, if we continue to treat the three companies 
identified above as part of the PRC-wide entity, we will instruct CBP 
to apply an ad valorem assessment rate of 76.45 percent to all entries 
of subject merchandise during the POR which were produced and/or 
exported by those companies.
    The Department announced a refinement to its assessment practice in 
NME cases. Pursuant to this refinement in practice, for entries that 
were not reported in the U.S. sales databases submitted by companies 
individually examined during this review, the Department will instruct 
CBP to liquidate such entries at the PRC-wide rate. In addition, if the 
Department determines that an exporter under review had no shipments of 
the subject merchandise, any suspended entries that entered under that 
exporter's case number (i.e., at that exporter's rate) will be 
liquidated at the PRC-wide rate.\10\
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    \10\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011) (NME Antidumping Proceedings).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For the companies 
listed above that have a separate rate, the cash deposit rate will be 
that rate established in the final results of this review (except, if 
the rate is zero or de minimis, then a cash deposit rate of zero will 
be established for that company); (2) for previously investigated or 
reviewed PRC and non-PRC exporters that received a separate rate in a 
prior segment of this proceeding, the cash deposit rate will continue 
to be the existing exporter-specific rate; (3) for all PRC exporters of 
subject merchandise that have not been found to be entitled to a 
separate rate, the cash deposit rate will be the rate for the PRC-wide 
entity, which is 76.45 percent; and (4) for all non-PRC exporters of 
subject merchandise which have not received their own rate, the cash 
deposit rate will be the rate applicable to the PRC exporter(s) that 
supplied that non-PRC exporter. These deposit requirements, when 
imposed, shall remain in effect until further notice.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. 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 these results of reviews in 
accordance with sections 751(a)(l) and 777(i)(l) of the Act.

     Dated: April 30, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
    A. Non-Market Economy Country
    B. Separate Rates Determination
    C. The PRC-Wide Entity
    D. Surrogate Country
    1. Economic Comparability
    2. Significant Producer of Comparable Merchandise
    3. Data Availability
    E. Date of Sale
    F. Fair Value Comparisons
    1. Determination of Comparison Method
    2. Export Price
    3. Value-Added Tax
    4. Normal Value
    G. Factor Valuation Methodology
    H. Adjustment Under Section 777A(f) of the Act
    I. Currency Conversion
V. Conclusion

[FR Doc. 2015-11083 Filed 5-6-15; 8:45 am]
 BILLING CODE 3510-DS-P