[Federal Register Volume 82, Number 86 (Friday, May 5, 2017)]
[Notices]
[Pages 21192-21194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09142]


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

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; 2015-2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the 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 period of review (POR) is April 1, 2015, through March 31, 2016. 
The review covers two mandatory respondents, Guangdong Dongyuan 
Kitchenware Industrial Co., Ltd. (Dongyuan) and Guangdong Yingao 
Kitchen Utensils Co. Ltd (Yingao). We preliminarily determine that 
sales of subject merchandise by both respondents have been made at 
prices below normal value (NV). We also preliminarily grant separate 
rates to ten companies, which demonstrated eligibility for separate 
rate status, but were not selected for individual examination. Finally, 
we preliminarily find that New Shichu Import and Export Company Limited 
(New Sichu) made no shipments of subject merchandise during the POR. We 
invite interested parties to comment on these preliminary results.

DATES: Effective May 5, 2017.

FOR FURTHER INFORMATION CONTACT: Terre Keaton Stefanova or Rebecca 
Janz, 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-
1280 and (202) 482-2972, 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\
---------------------------------------------------------------------------

    \1\ For a complete description of the Scope of the Order, see 
Memorandum, ``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).
---------------------------------------------------------------------------

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 respondents Dongyuan and Yingao, export price and constructed 
export price 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 https://access.trade.gov, and to all parties in the 
Central Records Unit, room B8024 of the main Department of Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary 
Decision Memorandum are identical in content. A list of topics included 
in the Preliminary Decision Memorandum is provided as an appendix to 
this notice.

Separate Rates

    We preliminarily determine that information placed on the record by 
the mandatory respondents, as well as by the following ten companies 
which were not selected for individual examination, demonstrated 
eligibility for separate rate status: Feidong Import and Export Co., 
Ltd.; Ningbo Afa Kitchen and Bath Co., Ltd.; Xinhe Stainless Steel 
Products Co., Ltd.; KaiPing Dawn Plumbing Products, Inc.; Jiangmen 
Hongmao Trading Co., Ltd.; Jiangmen New Star Hi-Tech Enterprise Ltd.; 
Foshan Zhaoshun Trade Co., Ltd.; Zhuhai KOHLER Kitchen & Bathroom 
Products Co., Ltd.; B&R Industries Limited; and Zhongshan Superte 
Kitchenware Co., Ltd.

Preliminary Determination of No Shipments

    On July 5, 2016, New Shichu submitted a timely-filed certification 
that they had no exports, sales, or entries of subject merchandise 
during the POR.\2\ Additionally, our inquiry to CBP did not identify 
any POR entries of New Shichu's subject merchandise. Based on the 
foregoing, the Department preliminarily determines that New Shichu did 
not have any reviewable transactions during the POR. For additional 
information regarding this determination, see the Preliminary Decision 
Memorandum.
---------------------------------------------------------------------------

    \2\ See letter from New Shichu, ``Drawn Stainless Steel Sinks 
from the People's Republic of China Separate Rate Certification and 
Provisional No Sales Certification,'' dated July 5, 2016.
---------------------------------------------------------------------------

    Consistent with our practice in NME cases, the Department is not 
rescinding this administrative review for New Shichu, but intends to 
complete the

[[Page 21193]]

review and issue appropriate instructions to CBP based on the final 
results of the review.\3\
---------------------------------------------------------------------------

    \3\ 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

    The Department preliminarily determines that the following 
weighted-average dumping margins exist for the period April 1, 2015, 
through March 31, 2016:

------------------------------------------------------------------------
                                                             Weighted-
                                                              Average
                        Exporters                         Dumping Margin
                                                             (Percent)
------------------------------------------------------------------------
Guangdong Dongyuan Kitchenware Industrial Co., Ltd......            1.80
Guangdong Yingao Kitchen Utensils Co. Ltd...............            1.68
Feidong Import and Export Co., Ltd.*....................            1.78
Ningbo Afa Kitchen and Bath Co., Ltd.*..................            1.78
Xinhe Stainless Steel Products Co., Ltd.*...............            1.78
KaiPing Dawn Plumbing Products, Inc.*...................            1.78
Jiangmen Hongmao Trading Co., Ltd.*.....................            1.78
Jiangmen New Star Hi-Tech Enterprise Ltd.*..............            1.78
Foshan Zhaoshun Trade Co., Ltd.*........................            1.78
Zhuhai KOHLER Kitchen & Bathroom Products Co., Ltd.*....            1.78
B&R Industries Limited*.................................            1.78
Zhongshan Superte Kitchenware Co., Ltd.*................            1.78
------------------------------------------------------------------------
* This company demonstrated that it qualified for a separate rate in
  this administrative review. We preliminarily assigned this company a
  rate which 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\
---------------------------------------------------------------------------

    \4\ See 19 CFR 351.309(c).
    \5\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------

    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 Constitution Avenue NW., Washington, DC 
20230.\7\
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.310(c).
    \7\ 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.\8\ The Department intends to issue appropriate 
assessment instructions to CBP 15 days after the publication of the 
final results of this review.
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------

    For each individually-examined respondent in this review, 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).\9\ 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 the respondent's ad valorem weighted-average dumping margin is 
zero or de minimis, or an importer-(or customer-) specific ad valorem 
assessment rate is zero or de minimis,\10\ we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
---------------------------------------------------------------------------

    \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).
    \10\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    For the respondents that were not selected for individual 
examination in this administrative review and 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.\11\
---------------------------------------------------------------------------

    \11\ 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 entries that were not reported in the U.S. sales databases 
submitted by the companies 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 New Shichu had no 
shipments of the subject merchandise, any suspended entries of subject 
merchandise from New Shichu will be liquidated at the PRC-wide 
rate.\12\
---------------------------------------------------------------------------

    \12\ 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 that 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

[[Page 21194]]

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 1, 2017.
Ronald K. Lorentzen,
Acting 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 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. Surrogate Country
    1. Economic Comparability
    2. Significant Producer of Comparable Merchandise
    3. Data Availability
    E. Date of Sale
    F. Comparisons to Normal Value
    1. Determination of Comparison Method
    2. Results of the Differential Pricing Analysis
    3. Export Price/Constructed Export Price
    4. VAT
    5. Normal Value
    G. Factor Valuation Methodology
    H. Currency Conversion
V. Recommendation

[FR Doc. 2017-09142 Filed 5-4-17; 8:45 am]
 BILLING CODE 3510-DS-P