[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:

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

[[Page 67228]]

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