[Federal Register Volume 83, Number 98 (Monday, May 21, 2018)]
[Notices]
[Pages 23424-23427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10697]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-983]


Drawn Stainless Steel Sinks From the People's Republic of China: 
Final Results of the Antidumping Duty Administrative Review; 2016-2017

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

[[Page 23425]]

SUMMARY: The Department of Commerce (Commerce) finds that certain 
companies covered by this administrative review made sales of drawn 
stainless steel sinks (drawn sinks) from the People's Republic of China 
(China) at less than normal value.

DATES: Applicable May 21, 2018.

FOR FURTHER INFORMATION CONTACT: Rebecca Janz or Ajay Menon, 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) 482-2972 and (202) 482-1993, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    The final results of this administrative review cover two mandatory 
respondents, Feidong Import and Export Co., Ltd. (Feidong), and Foshan 
Zhaoshun Trade Co., Ltd (Zhaoshun). We continue to determine that 
neither mandatory respondent qualifies for a separate rate, and, 
therefore, both are considered part of the China-wide entity. 
Additionally, we continue to include two companies that failed to 
demonstrate their entitlement to a separate rate (i.e., Jiangmen 
Hongmao Trading Co., Ltd. (Hongmao) and Yuyao Afa Kitchenware Co., Ltd. 
(Yuyao)) as part of the China-wide entity. We also continue to grant 
separate rates to the following companies which were not selected for 
individual examination: Jiangmen New Star Hi-Tech Enterprise Ltd. (New 
Star); KaiPing Dawn Plumbing Products, Inc. (KaiPing); Guangdong New 
Shichu Import and Export Company Limited (New Shichu); and Ningbo Afa 
Kitchen and Bath Co., Ltd. (Ningbo Afa). Finally, we continue find that 
B&R Industries Limited (B&R); Xinhe Stainless Steel Products Co., Ltd. 
(Xinhe); Zhongshan Superte Kitchenware Co., Ltd. (Superte); and Zhuhai 
KOHLER Kitchen & Bathroom Products Co., Ltd. (Zhuhai KOHLER) made no 
shipments of subject merchandise during the period of review (POR) 
April 1, 2016, through March 31, 2017.
    On January 5, 2018, Commerce published the Preliminary Results.\1\ 
For events occurring after the Preliminary Results, see the Issues and 
Decision Memorandum.\2\ Commence conducted this administrative review 
in accordance with section 751 of the Tariff Act of 1930, as amended 
(the Act).
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    \1\ See 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; 2016-2017, 83 
FR 658 (January 5, 2018) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Decision Memorandum for the Final 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 (Issues and Decision 
Memorandum).
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    Commerce exercised its discretion to toll all deadlines affected by 
the closure of the Federal Government from January 20 through 22, 2018. 
If the new deadline falls on a non-business day, in accordance with 
Commerce's practice, the deadline will become the next business day. 
The revised deadline for the final results of this review is now May 8, 
2018.\3\
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    \3\ See Memorandum, ``Deadlines Affected by the Shutdown of the 
Federal Government.'' dated January 23, 2018. All deadlines in this 
segment of the proceeding have been extended by three days.
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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.\4\
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    \4\ For a complete description of the Scope of the Order, see 
Issues and Decision Memorandum.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are addressed in 
the Issues and Decision Memorandum. A list of the issues which parties 
raised and to which we respond in the Issues and Decision Memorandum is 
attached to this notice as an Appendix. The Issues and 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 it is available to 
all parties in the Central Records Unit, Room B8024 of the main 
Department of Commerce building. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed directly at http://trade.gov/enforcement. The signed Issues and Decision Memorandum and 
the electronic version of the Issues and Decision Memorandum are 
identical in content.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we made no changes 
to our Preliminary Results.

Final Determination of No Shipments

    In the Preliminary Results, Commerce preliminarily determined that 
B&R, Xinhe, Superte, and Zhuhai KOHLER had no shipments of subject 
merchandise during the POR.\5\ We received no comments since the 
issuance of the Preliminary Results on this issue. Thus, we continue to 
determine that B&R, Xinhe, Superte, and Zhuhai KOHLER had no shipments 
of subject merchandise during the POR, and we intend to issue 
appropriate instructions to U.S. Customs and Border Protection (CBP) 
that are consistent with our ``automatic assessment'' clarification for 
these final results of review.\6\
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    \5\ See Preliminary Results, 83 FR at 658.
    \6\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011); see 
also ``Assessment Rates'' section of this notice.
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Separate Rate Respondents

    In the Preliminary Results, we found that evidence provided by 
KaiPing, New Shichu, New Star, and Ningbo Afa supported finding an 
absence of both de jure and de facto government control; therefore, we 
preliminarily granted a separate rate to each of these companies.\7\ We 
received no comments since the issuance of the Preliminary Results on 
this issue with respect to these companies. Therefore, Commerce 
continues to find that KaiPing, New Shichu, New Star, and Ningbo Afa 
meet the criteria for a separate rate.
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    \7\ See Preliminary Results, 83 FR at 658-659.
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    With respect to Hongmao, Yuyao, and Zhaoshun, we preliminarily 
determined that these companies failed to establish their entitlement 
to a separate rate.\8\ We received no comments since the issuance of 
the Preliminary Results on this issue with respect to these companies. 
Therefore, Commerce continues to find that Hongmao, Yuyao, and Zhaoshun 
are not eligible for a separate rate and are part of the China-wide 
entity.
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    \8\ Id.
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    With respect to Feidong, we preliminarily determined that Feidong 
failed to demonstrate an absence of de facto government control, and, 
thus, Commerce did not grant Feidong a separate rate.\9\ For these 
final results, we continue to find that Feidong failed to demonstrate 
an absence of de facto government control based on record evidence. 
Accordingly, we continue to

[[Page 23426]]

find that Feidong is not eligible for a separate rate and is part of 
the China-wide entity. For further discussion of this issue, see the 
accompanying Issues and Decision Memorandum.
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    \9\ Id. at 659.
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Rate for Non-Examined Separate Rate Respondents

    In the Preliminary Results, consistent with our recent practice, we 
preliminarily assigned the non-selected companies a weighted-average 
dumping margin of 1.78 percent (i.e., the most recently assigned 
separate rate in this proceeding) \10\ because we did not calculate any 
individual rates or assign a rate based on facts available during this 
review.\11\ No parties commented on the methodology for calculating 
this separate rate. Therefore, in these final results of the review, we 
continue to assign a rate of 1.78 percent for those companies that were 
not individually examined and are eligible for a separate rate. These 
companies, KaiPing, New Shichu, New Star, and Ningbo Afa, are also 
listed below in the section entitled ``Final Results of the Review.''
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    \10\ See Drawn Stainless Steel Sinks from the People's Republic 
of China: Final Results of Antidumping Duty Administrative Review 
and Final Determination of No Shipments; 2015-2016, 82 FR 28639, 
28640 (June 23, 2017).
    \11\ See, e.g., Certain Frozen Warmwater Shrimp from the 
Socialist Republic of Vietnam: Preliminary Results of Antidumping 
Duty Administrative Review; 2015-2016, 81 FR 62717 (September 12, 
2016), and accompanying Preliminary Decision Memorandum at 10-11, 
unchanged in Certain Frozen Warmwater Shrimp from the Socialist 
Republic of Vietnam: Final Results of Antidumping Duty 
Administrative Review; 2015-2016, 82 FR 11431 (February 23, 2017).
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Final Results of the Review

    In the Preliminary Results, Commerce preliminarily found that 
Feidong, Hongmao, Yuyao, and Zhaoshun were not eligible for a separate 
rate, and therefore, were part of China-wide entity, subject to the 
China-wide entity rate of 76.45 percent.\12\ Because the status of 
these companies has not changed since the Preliminary Results, we 
continue to find that they are ineligible for a separate rate and are 
part of the China-wide entity. Because no party requested a review of 
the China-wide entity and Commerce no longer considers the China-wide 
entity as an exporter conditionally subject to administrative 
reviews,\13\ we did not conduct a review of the China-wide entity. 
Thus, the rate for the China-wide entity is not subject to change as a 
result of this review.
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    \12\ See Preliminary Results, and accompanying PDM, at 8-11.
    \13\ 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, 65969-70 (November 
4, 2013).
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Final Results of the Review

    We continue to determine that the following weighted-average 
dumping margins exist for the period April 1, 2016, through March 31, 
2017:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Guangong New Shichu Import and Export Company Limited.......        1.78
KaiPing Dawn Plumbing Products, Inc.........................        1.78
Jiangmen New Star Hi-Tech Enterprise Ltd....................        1.78
Ningbo Afa Kitchen and Bath Co., Ltd........................        1.78
------------------------------------------------------------------------

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
Commerce has determined, and CBP shall assess, antidumping duties on 
all appropriate entries of subject merchandise in accordance with the 
final results of this review. Commerce intends to issue appropriate 
assessment instructions directly to CBP 15 days after publication of 
the final results of this administrative review.
    For the above-listed respondents which were not selected for 
individual examination in this administrative review and qualified for 
a separate rate, we will instruct CBP to assess dumping duties at the 
rate of 1.78 percent.
    For Feidong, Hongmao, Yuyao, and Zhaoshun, because Commerce 
determined that these companies did not qualify for a separate rate, we 
will instruct CBP to assess dumping duties on all entries of subject 
merchandise during the POR which were produced and/or exported by these 
companies at a rate of 76.45 percent.
    For B&R, Superte, Xinhe, and Zhuhai KOHLER, because Commerce 
determined that these companies had no shipments of the subject 
merchandise during the POR, any suspended entries of subject 
merchandise from these companies will be liquidated at China-wide 
rate.\14\
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    \14\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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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 China 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; (2) for 
previously investigated or reviewed China and non-China 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 China 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 China-wide entity, which is 76.45 percent; and (4) 
for all non-China exporters of subject merchandise which have not 
received their own rate, the cash deposit rate will be the rate 
applicable to China exporter(s) that supplied that non-China exporter. 
These deposit requirements, when imposed, shall remain in effect until 
further notice.

Notification to Importers

    This notice also serves as a final 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 POR. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping and/or countervailing duties occurred and 
the subsequent assessment of doubled antidumping duties.

Notification Regarding Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return or 
destruction of APO materials, or conversion to judicial protective 
order, is hereby requested. Failure to comply with the regulations and 
terms of an APO is a violation which is subject to sanction.
    This notice is published in accordance with sections 751(a)(l) and 
777(i)(l) of the Act.


[[Page 23427]]


    Dated: May 8, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
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. Feidong's Separate Rate Status
V. Recommendation

[FR Doc. 2018-10697 Filed 5-18-18; 8:45 am]
 BILLING CODE 3510-DS-P