[Federal Register Volume 83, Number 248 (Friday, December 28, 2018)]
[Notices]
[Pages 67226-67228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-28279]
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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 and
Preliminary Determination of No Shipments; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
certain companies made sales of subject merchandise at less than normal
value during the period of review (POR), April 1, 2017, through March
31, 2018. We invite interested parties to comment on these preliminary
results.
DATES: Applicable December 28, 2018.
FOR FURTHER INFORMATION CONTACT: Rebecca Janz or Joshua Tucker, 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 or (202) 482-2044,
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
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).
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Preliminary Determination of No Shipments
Based on our analysis of U.S. Customs and Border Production (CBP)
information and information provided by the companies, we preliminarily
determine that Zhuhai KOHLER Kitchen & Bathroom Products Co., Ltd.
(Zhuhai KOHLER) and Yuyao Afa Kitchenware Co., Ltd. (Yuyao Afa) did not
have any reviewable transactions during the POR. In addition, Commerce
finds that, consistent with its assessment practice in non-market
economy (NME) cases, it is appropriate not to rescind the review in
part in these circumstances, but to complete the review with respect to
these three companies and issue appropriate instructions to CBP based
on the final results.\2\ For additional information regarding this
determination, see the Preliminary Decision Memorandum.
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\2\ 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.
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With respect to Zhongshan Superte Kitchenware Co., Ltd. (Superte),
we obtained information from CBP indicating that Superte had shipments
during the POR, contradicting its no shipments certification. Thus, we
preliminarily determine that Superte is part of the China-wide entity,
and we will complete the review with respect to this company. For a
full discussion of this determination, see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). Because
Feidong Import and Export Co., Ltd. (Feidong); Xinhe Stainless Steel
Products Co., Ltd. (Xinhe); Jiangmen New Star Hi-Tech Enterprise Ltd.
(New Star); and Ningbo Afa Kitchen and Bath Co., Ltd. (Ningbo Afa) did
not participate in this segment of the proceeding, we preliminarily
determine that they are ineligible for a separate rate and are part of
the People's Republic of China (China)-wide entity, subject to the
China-wide entity rate of 76.45 percent.
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.
Preliminary Results of Review
Commerce finds that the four mandatory respondents have not
established eligibility for a separate rate and are considered to be
part of China-wide entity for these preliminary results. Additionally,
because Guangdong G-Top Import & Export Co., Ltd. (Guangdong G-Top) and
Jiangmen Pioneer Import & Export Co., Ltd. (Jiangmen Pioneer) did not
submit separate rate applications or certifications by the deadline
established in the Initiation Notice or make a claim that they had no
shipments of subject merchandise during the POR, we find that these
companies failed to establish their entitlement to a separate rate and,
therefore, remain part of the China-wide
[[Page 67227]]
entity. Commerce's policy regarding conditional review of China-wide
entity applies to this administrative review.\3\ Under this policy, the
China-wide rate will not be under review unless a party requests, or
Commerce self-initiates, a review of the entity. Because no party
requested a review of China-wide entity, and Commerce did not self-
initiate, the entity is not under review, and the entity's rate is not
subject to change.
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\3\ 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 (November 4, 2013).
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The statute and Commerce's regulations do not address what rate to
apply to respondents who are not selected for individual examination
when Commerce limits its examination in an administrative review
pursuant to section 777A(c)(2) of the Act. Generally, Commerce looks to
section 735(c)(5) of the Act, which provides instructions for
calculating the all-others rate in an investigation, for guidance when
calculating the rate for non-selected respondents that are not examined
individually in an administrative review. Section 735(c)(5)(A) of the
Act states that the all-others rate should be calculated by averaging
the weighted-average dumping margins for individually-examined
respondents, excluding rates that are zero, de minimis, or based
entirely on facts available. Section 735(c)(5)(B) of the Act provides
that where all rates are zero, de minimis, or based entirely on facts
available, Commerce may use ``any reasonable method'' for assigning a
rate to non-examined respondents.
However, for these preliminary results, we have not calculated any
individual rates or assigned a rate based on facts available.
Therefore, consistent with our recent practice,\4\ we preliminary
assigned to the four non-individually examined companies that
demonstrated their eligibility for a separate rate the most recently
assigned separate rate in this proceeding (i.e., 1.78 percent).\5\
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\4\ 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).
\5\ See Drawn Stainless Steel Sinks from the People's Republic
of China: Final Results of Antidumping Duty Administrative Review;
2016-2017, 83 FR 23424, 23426 (June 23, 2017) (Sinks 4AR Final).
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Commerce preliminarily determines that the following weighted-
average dumping margins exist for the period April 1, 2017, through
March 31, 2018:
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Weighted-
average
Exporter dumping margin
(percent)
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KaiPing Dawn Plumbing Products, Inc..................... 1.78
Guangdong New Shichu Import & Export Company Limited.... 1.78
Elkay (China) Kitchen Solutions Co., Ltd................ 1.78
B&R Industries Limited.................................. 1.78
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Disclosure and Public Comment
Normally, Commerce will disclose the calculations used in our
analysis to parties in this review within five days of the date of
publication of the notice of preliminary results in the Federal
Register, in accordance with 19 CFR 351.224(b). However, here Commerce
preliminary applied a separate rate \6\ and China-wide rate \7\ that
were established in prior segments of the proceeding. Thus, there are
no calculations on this record to disclose.
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\6\ See Sinks 4AR Final.
\7\ See Drawn Stainless Steel Sinks from the People's Republic
of China: Investigation, Final Determination, 78 FR 13019 (February
26, 2013).
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Interested parties may submit case briefs no later than 30 days
after the date of publication of these preliminary results of
review.\8\ 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.\9\
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\8\ See 19 CFR 351.309(c).
\9\ 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.\10\ 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.\11\
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\10\ See 19 CFR 351.310(c).
\11\ See 19 CFR 351.310(d).
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Unless otherwise extended, Commerce 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, Commerce will determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review.\12\ Commerce intends to issue appropriate assessment
instructions to CBP 15 days after the publication of the final results
of this review. For the companies receiving a separate rate, we intend
to assign an assessment rate of 1.78 percent, consistent with the
methodology described above. For the final results, if we continue to
treat Guangdong G-Top, Jiangmen Pioneer, Superte, and the mandatory
respondents as part of China-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 that were produced and/or exported
by those companies. In addition, if we continue to find that Yuyao Afa
and Zhuhai KOHLER had no shipments of the subject merchandise, any
suspended entries of subject merchandise from these companies will be
liquidated at China-wide rate.\13\
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\12\ See 19 CFR 351.212(b)(1).
\13\ For a full discussion of this practice, see NME AD
Assessment.
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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 (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 Chinese and non-Chinese 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 Chinese
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-Chinese
exporters of subject merchandise that have not received their own rate,
the cash deposit rate will be the rate applicable to Chinese
exporter(s) that supplied that non-
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Chinese 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 in
accordance with sections 751(a)(l) and 777(i)(l) of the Act and 19 CFR
351.213.
Dated: December 20, 2018.
James Maeder,
Associate Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations performing the duties of Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations.
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. Companies Not Eligible for a Separate Rate
4. Separate Rate for Eligible, Non-Selected Companies
V. Recommendation
[FR Doc. 2018-28279 Filed 12-27-18; 8:45 am]
BILLING CODE 3510-DS-P