[Federal Register Volume 84, Number 151 (Tuesday, August 6, 2019)]
[Notices]
[Pages 38211-38213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16752]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-983]
Drawn Stainless Sinks From the People's Republic of China: Final
Results of the Antidumping Duty Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that certain
companies covered by this administrative review sold drawn stainless
steel sinks from the People's Republic of China (China) at less than
normal value during the period of review (POR) April 1, 2017 through
March 31, 2018.
DATES: Applicable August 6, 2019.
FOR FURTHER INFORMATION CONTACT: Rebecca M. 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.
Background
Commerce published the Preliminary Results on December 28, 2018.\1\
For events subsequent to the Preliminary Results, see the Issues and
Decision Memorandum.\2\ Commerce 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: Antidumping Duty Administrative Review and Preliminary
Determination of No Shipments: 2017-2018, 83 FR 67226 (December 28,
2018) (Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Antidumping Duty Administrative Review: Drawn Stainless Steel Sinks
from the People's Republic of China; 2017-2018,'' dated 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 partial federal government closure from December 22, 2018 through
the resumption of operations on January 29, 2019.\3\ In May 2019,
Commerce extended the final results of this review by 60 days.\4\
Accordingly, the revised deadline for the final results is now July 30,
2019.
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\3\ See Memorandum to the Record from 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, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. Because the Preliminary Results published on
December 28, 2018, six days into the partial government closure, the
deadline for these final results has been extended by 34 days.
\4\ See Memorandum, ``Drawn Stainless Steel Sinks from the
People's Republic of China: Extension of Deadline for Final Results
of 2017-2018 Antidumping Duty Administrative Review,'' dated May 29,
2018.
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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.
[[Page 38212]]
Although the HTSUS subheadings are provided for convenience and customs
purposes, the written description of the scope of the order is
dispositive.\5\
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\5\ For a complete description of the scope of the order, see
Preliminary Results, and accompanying PDM at 4.
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Analysis of Comments Received
All issues raised in the case brief are addressed in the Issues and
Decision Memorandum. A list of the issues 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 Commerce building. In addition, a
complete version of the Issues and Decision Memorandum can be accessed
directly at http://enforcement.trade.gov/frn/index.html. 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 the Preliminary Results.
Final Determination of No Shipments
In the Preliminary Determination, we determined that Zhuhai KOHLER
Kitchen & Bathroom Products Co., Ltd. (Zhuhai KOHLER) and Yuyao Afa
Kitchenware Co., Ltd. (Yuyao Afa) had no shipments of subject
merchandise during the POR.\6\ We received no comments since the
issuance of the Preliminary Results on this issue. Therefore, for these
final results, we continue to determine that Zhuhai KOHLER and Yuyao
Afa 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.\7\
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\6\ See Preliminary Results, 83 FR at 67226.
\7\ 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 determined that KaiPing Dawn
Plumbing Products, Inc. (KaiPing Dawn); Guangdong New Shichu Import &
Export Company Limited (New Shichu); Elkay (China) Kitchen Solutions
Co., Ltd (Elkay); and B&R Industries Limited (B&R) demonstrated their
eligibility for separate rates.\8\ With respect to three of these
companies, we received no comments since the issuance of the
Preliminary Results on this issue; thus, we continue to find that these
three companies are eligible for a separate rate.
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\8\ See Preliminary Results, 83 FR at 67227.
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With respect to one exporter, we received comments from the
petitioner with regards to that exporter's separate rate claim.
However, we continue to find that this exporter demonstrated the
absence of de jure and de facto government control; thus, we continue
to grant this company a separate rate for these final results.\9\
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\9\ For further discussion, see the Issues and Decision
Memorandum at Comments 1 and 2.
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With respect to Feidong Import and Export Co., Ltd. (Feidong);
Xinhe Stainless Steel Products Co., Ltd. (Xinhe); Jiangmen New Star Hi-
Tech Enterprise Ltd. (New Star); Ningbo Afa Kitchen and Bath Co., Ltd.
(Ningbo Afa); Guangdong G-Top Import & Export Co., Ltd. (Guangdong G-
Top); Jiangmen Pioneer Import & Export Co., Ltd. (Jiangmen Pioneer);
and Zhongshan Superte Kitchenware Co., Ltd. (Superte), we preliminarily
determined that these companies failed to establish their entitlement
to a separate rate, and, thus, we found them to be part of the China-
wide entity. We received no comments since the issuance of the
Preliminary Results on this issue with respect to these companies.
Therefore, we continue to find that these companies are not eligible
for a separate rate and are part of the China-wide entity.
Rate for Non-Examined Separate-Rate Respondents
In the Preliminary Results,\10\ consistent with our recent
practice, we preliminarily assigned the non-selected separate rate
companies a weighted-average dumping margin of 1.78 percent (i.e., the
most recently assigned separate rate in this proceeding) \11\ because
we did not calculate any individual rates or assign a rate based on
facts available during this review.\12\ 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,
Elkay, and B&R, are also listed below in the section entitled ``Final
Results of the Review.''
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\10\ See Preliminary Results, 83 FR at 67227.
\11\ 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).
\12\ See, e.g., Certain Frozen Warmwater Shrimp from the
Socialist Republic of Vietnam: Preliminary Results of Antidumping
Duty Administrative Review; 2015-2016, 81 FR 78789, 78790-91
(November 9, 2016), and accompanying PDM 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, 11432-33 (February 23, 2017).
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Final Results of the Administrative Review
Because Feidong, Xinhe, New Star, Ningbo Afa, Guangdong G-Top,
Jiangmen Pioneer, and Superte did not demonstrate that they are
entitled to a separate rate, Commerce finds these seven companies to be
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. The
rate previously established for the China-wide entity is 76.45 percent
and is not subject to change as a result of this review.
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\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
(NME) in NME Antidumping Duty Proceedings, 78 FR 65963, 65970
(November 4, 2013).
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For companies subject to this review that established their
eligibility for a separate rate, we continue to determine 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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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
[[Page 38213]]
of the final results of this administrative review.
For the respondents that 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, Xinhe, New Star, Ningbo Afa, Guangdong G-Top, Jiangmen
Pioneer, and Superte, because Commerce determined that these companies
did not qualify for a separate rate, we will instruct CBP to assess
dumping duties on the companies' entries of subject merchandise at the
rate of 76.45 percent, which is the rate applicable to the China-wide
entity.
For Zhuhai KOHLER and Yuyao Afa, 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 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 exporters
listed above, the cash deposit rate will be equal to the weighted-
average dumping margin established in the final results of this review;
(2) for previously investigated or reviewed China and non-China
exporters not listed above that currently have a separate rate, the
cash deposit rate will continue to be the exporter-specific rate
published for the most recently completed segment of this proceeding
where the exporter received that separate 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
the China-wide entity, 76.45 percent; and (4) for all non-China
exporters of subject merchandise which have not received their own
separate rate, the cash deposit rate will be the rate applicable to the
China exporter that supplied that non-China exporter. These deposit
requirements, when imposed, shall remain in effect until further
notice.
Notification to Importers
This notice 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 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 duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition 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 return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a sanctionable
violation.
Notification to Interested Parties
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Discussion of the Issues
Comment 1. Liquidation Rate for Exporter A's Shipments of Xinhe-
Produced Subject Merchandise
Comment 2. Exporter A's Separate Rate Status
IV. Recommendation
[FR Doc. 2019-16752 Filed 8-5-19; 8:45 am]
BILLING CODE 3510-DS-P