[Federal Register Volume 81, Number 92 (Thursday, May 12, 2016)]
[Notices]
[Pages 29528-29530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11249]


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

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 and 
Preliminary Determination of No Shipments; 2014-2015

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

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), 
for the period of review (POR), April 1, 2014, through March 31, 2015. 
We preliminarily find that respondent Guangdong Dongyuan Kitchenware 
Industrial Co., Ltd. (Dongyuan) made sales of the subject merchandise 
in the United States at prices below normal value (NV). In addition, we 
preliminarily find that the other mandatory respondents, B&R Industries 
Limited (B&R Industries), Zhongshan Newecan Enterprise Development 
Corporation (Newecan), and Zhongshan Superte Kitchenware Co., Ltd./
Superte invoiced as Foshan Zhaoshun Trade Co., Ltd. (Superte), are part 
of the PRC-wide entity and will receive the rate of that entity, which 
is not under review. We are also preliminarily granting separate rates 
to Feidong Import and Export Co., Ltd. (Feidong) and Ningbo Afa Kitchen 
and Bath Co., Ltd. (Ningbo Afa),\1\ which demonstrated eligibility for 
separate rate status, but were not selected for individual examination. 
Additionally, we are preliminarily including nine companies \2\ that 
failed to demonstrate their entitlement to a separate rate as part of 
the PRC-wide entity. Finally, we preliminarily find that Shenzhen 
Kehuaxing Industrial Ltd. (Kehuaxing) made no shipments of subject 
merchandise 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.
---------------------------------------------------------------------------

    \1\ On March 21, 2016, the Department determined that Ningbo Afa 
is the successor-in-interest to Yuyao Afa Kitchenware Co., Ltd. 
(Yuyao Afa), and stated that Ningbo Afa will be assigned an updated 
cash deposit rate based on the final results of this administrative 
review. See Notice of Final Results of Antidumping Duty Changed 
Circumstances Review: Drawn Stainless Steel Sinks from the People's 
Republic of China, 81 FR 16138, 16139 (March 25, 2016).
    \2\ These nine companies are: (1) J&C Industries Enterprise 
Limited (J&C Industries); (2) Foshan Shunde MingHao Kitchen Utensils 
Co., Ltd. (MingHao); (3) Franke Asia Sourcing Ltd. (Franke); (4) 
Grand Hill Work Company (Grand Hill); (5) Hangzhou Heng's Industries 
Co., Ltd. (Heng's Industries); (6) Jiangmen Hongmao Trading Co., 
Ltd. (Hongmao); (7) Jiangxi Zoje Kitchen & Bath Industry Co., Ltd. 
(Zoje); (8) Ningbo Oulin Kitchen Utensils Co., Ltd. (Ningbo Oulin); 
(9) Shunde Foodstuffs Import & Export Company Limited of Guangdong 
(Shunde Foodstuffs).

---------------------------------------------------------------------------
DATES: Effective Date: May 12, 2016.

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.\3\
---------------------------------------------------------------------------

    \3\ For a complete description of the Scope of the Order, see 
Memorandum from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, to Paul Piquado, 
Assistant Secretary for Enforcement and Compliance, ``Decision 
Memorandum for Preliminary Results of the Antidumping Duty 
Administrative Review: Drawn Stainless Steel Sinks from the People's 
Republic of China,'' issued concurrently with and hereby adopted by 
this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Tolling of Deadline of Preliminary Results of Review

    As explained in the memorandum from the Acting Assistant Secretary 
for Enforcement and Compliance, the Department has exercised its 
discretion to toll all administrative deadlines due to the recent 
closure of the Federal Government. All deadlines in this segment of the 
proceeding have been extended by four business days.\4\
---------------------------------------------------------------------------

    \4\ See Memorandum to the Record from Ron Lorentzen, Acting A/S 
for Enforcement & Compliance, ``Tolling of Administrative Deadlines 
As a Result of the Government Closure During Snowstorm Jonas'' 
(January 27, 2016).
---------------------------------------------------------------------------

Methodology

    The Department is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). For the 
mandatory respondent Dongyuan, export prices were 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 was 
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 B8024 of the main Department of Commerce building. In 
addition, a complete

[[Page 29529]]

version of the Preliminary Decision Memorandum can be accessed directly 
on 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 Determination of No Shipments

    On June 24, 2015, Kehuaxing submitted a timely-filed certification 
that it had no exports, sales, or entries of subject merchandise during 
the POR.\5\ Additionally, our inquiry to CBP did not identify any POR 
entries of Kehuaxing's subject merchandise. Based on the foregoing, the 
Department preliminarily determines that Kehuaxing did not have any 
reviewable transactions during the POR. For additional information 
regarding this determination, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \5\ See Letter from Kehuaxing, ``Drawn Stainless Steel Sinks 
from People's Republic of China; A-570-983; Certification of No 
Sales by Shenzhen Kehuaxing Industrial Ltd.'' (June 24, 2015).
---------------------------------------------------------------------------

    Consistent with our practice in NME cases, the Department is not 
rescinding this administrative review for Kehuaxing, but intends to 
complete the review and issue appropriate instructions to CBP based on 
the final results of the review.\6\
---------------------------------------------------------------------------

    \6\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) (NME 
AD Assessment) and the ``Assessment Rates'' section, below.
---------------------------------------------------------------------------

Preliminary Results of Review

    Because B&R Industries, Newecan, and Superte withdrew from 
participation in the review and did not respond to the Department's 
requests for information, the Department preliminarily finds these 
companies to be part of the PRC-wide entity.\7\ Additionally, because 
Shunde Foodstuffs, Franke, Grand Hill, Heng's Industries, Hongmao, J&C 
Industries, MingHao, Ningbo Oulin, and Zoje did not submit a separate 
rate application or certification by the deadline established in the 
Initiation Notice, or make a claim that they had no exports, sales, or 
entries of subject merchandise during the POR, we preliminarily find 
that these companies failed to establish their entitlement to a 
separate rate, and therefore, remain a part of the PRC-wide entity. The 
rate previously established for the PRC-wide entity is 76.45 
percent.\8\ This rate is not under review.
---------------------------------------------------------------------------

    \7\ 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.
    \8\ 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).
---------------------------------------------------------------------------

    The Department preliminarily determines that the following 
weighted-average dumping margins exist for the period April 1, 2014, 
through March 31, 2015:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporters                             dumping
                                                            margin (%)
------------------------------------------------------------------------
Guangdong Dongyuan Kitchenware Industrial Co., Ltd......            1.65
Ningbo Afa Kitchen and Bath Co., Ltd *..................            1.65
Feidong Import and Export Co., Ltd *....................            1.65
------------------------------------------------------------------------
* This company demonstrated that it qualified for a separate rate in
  this administrative review. Consistent with the Department's practice,
  we preliminarily assigned this company a rate of 1.65 percent--the
  rate calculated for the mandatory respondent in this review.\9\

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.\10\ 
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.\11\
---------------------------------------------------------------------------

    \9\ See Stainless Steel Bar From India: Final Results of the 
Antidumping Duty Administrative Review, 77 FR 39467 (July 3, 2012) 
and accompanying Issues and Decision Memorandum at 12.
    \10\ See 19 CFR 351.309(c).
    \11\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------

    Any interested party may request a hearing within 30 days of 
publication of this notice.\12\ 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.\13\
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.310(c).
    \13\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    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.\14\ The Department intends to issue appropriate 
assessment instructions to CBP 15 days after the publication of the 
final results of this review.
---------------------------------------------------------------------------

    \14\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------

    For Dongyuan, if we continue to calculate a weighted-average 
dumping margin that is not zero or de minimis (i.e., less than 0.5 
percent) in the final results, 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).\15\ The 
Department will also calculate (estimated) ad valorem importer-specific 
assessment rates with which to assess whether the per-unit assessment 
rate is de minimis. We will instruct CBP to assess antidumping duties 
on all appropriate entries covered by this review when the importer-
specific ad valorem assessment rate calculated in the final results of 
this review is not zero or de minimis. Where either Dongyuan's ad 
valorem weighted-average dumping margin is zero or de

[[Page 29530]]

minimis, or an importer-(or customer-) specific ad valorem assessment 
rate is zero or de minimis,\16\ we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties.
---------------------------------------------------------------------------

    \15\ 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).
    \16\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    For Feidong and Ningbo Afa, 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 
rate calculated for the mandatory respondent in this review (i.e., 1.65 
percent).\17\
---------------------------------------------------------------------------

    \17\ See Drawn Stainless Steel Sinks from the People's Republic 
of China: Preliminary Results of Antidumping Duty Administrative 
Review, 80 FR 26227, 26228 (May 7, 2015); unchanged in Drawn 
Stainless Steel Sinks From the People's Republic of China: Final 
Results of the Antidumping Duty Administrative Review; 2012-2014, 80 
FR 69644 (November 10, 2015).
---------------------------------------------------------------------------

    For the final results, if we continue to treat the non-responding 
mandatory respondents B&R Industries, Newecan, and Superte, 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 database submitted by the company 
individually examined during this review, the Department will instruct 
CBP to liquidate such entries at the PRC-wide rate. In addition, if we 
continue to find that Kehuaxing had no shipments of the subject 
merchandise, any suspended entries of subject merchandise from 
Kehuaxing will be liquidated at the PRC-wide rate.\18\
---------------------------------------------------------------------------

    \18\ For a full discussion of this practice, see NME AD 
Assessment.
---------------------------------------------------------------------------

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 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's 
presumption that reimbursement of antidumping and/or countervailing 
duties occurred and the subsequent assessment of double antidumping 
duties.
    We are issuing and publishing these preliminary results of review 
in accordance with sections 751(a)(l) and 777(i)(l) of the Act and 19 
CFR 351.213.

    Dated: May 5, 2016.
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. Preliminary Determination of No Shipments
    B. Non-Market Economy Country Status
    C. Separate Rates Determination
    1. Absence of De Jure Control
    2. Absence of De Facto Control
    3. Separate Rate for Non-Selected Companies
    D. Companies Preliminarily Considered Part of the PRC-Wide 
Entity
    1. B&R Industries, Newecan, and Superte
    2. Shunde Foodstuffs, Franke, Grand Hill, Heng's Industries, 
Hongmao, J&C Industries, MingHao, Ningbo Oulin, and Zoje
    E. Surrogate Country
    1. Economic Comparability
    2. Significant Producer of Comparable Merchandise
    3. Data Availability
    F. Date of Sale
    G. Comparisons to Normal Value
    1. Determination of Comparison Method
    2. Results of the Differential Pricing Analysis
    3. Export Price
    4. VAT
    5. Normal Value
    H. Factor Valuation Methodology
    I. Adjustment Under Section 777A(f) of the Act
    J. Currency Conversion
V. Conclusion

[FR Doc. 2016-11249 Filed 5-11-16; 8:45 am]
 BILLING CODE 3510-DS-P