[Federal Register Volume 84, Number 247 (Thursday, December 26, 2019)]
[Notices]
[Pages 70946-70948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27805]


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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; 2018-2019

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that certain companies made sales of subject merchandise at less than 
normal value. The period of review (POR) is April 1, 2018 through March 
31, 2019. Interested parties are invited to comment on these 
preliminary results.

DATES: Applicable December 26, 2019.

FOR FURTHER INFORMATION CONTACT: Rebecca Janz or Adam Simons, 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) 482-6172, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    In June 2019, Commerce published a notice of initiation of an 
administrative review of the antidumping duty order on drawn stainless 
steel sinks from the People's Republic of China (China) covering the 
period April 1, 2018 through March 31, 2019, with respect to 30 
companies.\1\ In August 2019, as the result of a timely withdrawal 
request, we rescinded the review with respect to 18 of these 
companies.\2\ Therefore, the results of this review cover the twelve 
remaining companies.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 27587 (June 13, 2019).
    \2\ See Drawn Stainless Steel Sinks from the People's Republic 
of China: Partial Rescission of Antidumping Duty Administrative 
Review; 2018-2019, 84 FR 44847 (August 27, 2019).
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Scope of the Order

    The products covered by the order include drawn stainless steel 
sinks from China. 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.\3\
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    \3\ 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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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (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 Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at https://enforcement.trade.gov/frn/summary/prc/prc-fr.htm. 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.

China-Wide Entity

    In accordance with Commerce's policy, the China-wide entity will 
not be under review unless a party specifically requests, or Commerce 
self-initiates, a review of the entity.\4\ Because no party requested a 
review of the China-wide entity in this review, the entity is not

[[Page 70947]]

under review, and the entity's rate is not subject to change (i.e., 
76.45 percent).\5\
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    \4\ 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).
    \5\ The China-wide rate determined in the investigation was 
76.53 percent. See Drawn Stainless Steel Sinks from the People's 
Republic of China: Amended Final Determination of Sales at Less Than 
Fair Value and Antidumping Duty Order, 78 FR 21592 (April 11, 2013). 
This rate was adjusted for export subsidies and estimated domestic 
subsidy pass through to determine the cash deposit rate (76.45 
percent) collected for companies in China-wide entity. See 
explanation in Drawn Stainless Steel Sinks from the People's 
Republic of China: Investigation, Final Determination, 78 FR 13019 
(February 26, 2013).
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Preliminary Results of Review

    Commerce finds that the two mandatory respondents, Guangdong New 
Shichu Import and Export Company Limited (New Shichu) and KaiPing Dawn 
Plumbing Products, Inc. (KaiPing), have not established their 
eligibility for a separate rate and are considered to be part of the 
China-wide entity for these preliminary results. Additionally, because 
the following companies did not submit separate rate applications or 
certifications, we preliminarily determine they are ineligible for a 
separate rate and are part of the China-wide entity: B&R Industries 
Limited (B&R); Feidong Import and Export Co. Ltd. (Feidong); Guangdong 
G-Top Import & Export Co., Ltd. (G-Top); Jiangmen Pioneer Import & 
Export Co., Ltd. (Pioneer); Ningbo Afa Kitchen and Bath Co., Ltd. 
(Ningbo Afa); Xinhe Stainless Steel Products Co., Ltd. (Xinhe); Yuyao 
Afa Kitchenware Co., Ltd. (Yuyao Afa); and Zhongshan Superte 
Kitchenware Co., Ltd. (Superte). Finally, because Zhuhai Kohler Kitchen 
& Bathroom Products Co. Ltd. failed to respond to Commerce's 
supplemental separate rate questionnaire, we preliminarily determine 
that this company is also ineligible for a separate rate and is part of 
the China-wide entity.
    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 company-specific rate based on facts 
available. Therefore, consistent with our recent practice,\6\ we 
preliminarily assigned to the non-individually examined company that 
demonstrated its eligibility for a separate rate the most recently 
assigned separate rate in this proceeding (i.e., 1.78 percent).\7\
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    \6\ 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).
    \7\ See Drawn Stainless Steel Sinks from the People's Republic 
of China: Final Results of Antidumping Duty Administrative Review; 
2017-2018, 84 FR 38211 (August 6, 2019).
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    Commerce preliminarily determines that the following weighted-
average dumping margin exists for the period April 1, 2018 through 
March 31, 2019:

------------------------------------------------------------------------
                                                       Weighted-average
                      Exporter                          dumping margin
                                                           (percent)
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Jiangmen New Star Hi-Tech Enterprise Ltd............               1.78
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Disclosure and Public Comment

    Interested parties may submit case briefs no later than 30 days 
after the date of publication of this notice.\8\ Rebuttal briefs, 
limited to issues raised in the case briefs, may be filed no later than 
five days after the time limit for filing case briefs.\9\ Parties who 
submit case brief or rebuttal briefs in this proceeding are encouraged 
to submit with each argument: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.\10\ Case and 
rebuttal briefs should be filed using ACCESS.\11\
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    \8\ See 19 CFR 351.309(c).
    \9\ See 19 CFR 351.309(d).
    \10\ See 19 CFR 351.309(c)(2).
    \11\ See 19 CFR 351.303.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce, 
filed electronically via ACCESS within 30 days after the date of 
publication of this notice.\12\ Hearing requests should contain: (1) 
The party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of issues to be discussed. Issues raised 
in the hearing 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.\13\
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    \12\ See 19 CFR 351.310(c).
    \13\ See 19 CFR 351.310(d).
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    An electronically-filed document must be received successfully in 
its entirety by ACCESS by 5:00 p.m. Eastern Time on the established 
deadline.
    Commerce intends to issue the final results of this administrative 
review, which will include the results of its analysis of all issues 
raised in the case briefs, not later than 120 days after the date of 
publication of this notice, unless otherwise extended.\14\
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    \14\ See section 751(a)(3)(A) of the Act.
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Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries covered by this 
review.\15\ For the final results, if we continue to treat the 
following companies 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: B&R Feidong; G-Top; KaiPing; Koehler; New 
Shichu; Ningbo Afa; Pioneer; Superte; Xinhe; and Yuyao Afa. For the 
company receiving a separate rate, we intend to assign an assessment 
rate of 1.78 percent,

[[Page 70948]]

consistent with the methodology described above.
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    \15\ See 19 CFR 351.212(b)(1).
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    We intend to issue assessment instructions to CBP 15 days after the 
publication of the final results of this review.

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 company 
listed above that has a separate rate, the cash deposit rate will be 
that rate established in the final results of this review (except that 
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 not listed above that 
have separate rates, the cash deposit rate will continue to be equal to 
the exporter-specific weighted-average dumping margin published of the 
most recently-completed segment of this proceeding; (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, 76.45 percent; and (4) for all exporters of subject 
merchandise which are not located in China and which are not eligible 
for a separate rate, the cash deposit rate will be the rate applicable 
to Chinese exporter(s) that supplied that non-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.

Notification to Interested Parties

    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(l) and 777(i)(l) of the Act.

    Dated: December 18, 2019.
Jeffrey I. Kessler,
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
V. Recommendation

[FR Doc. 2019-27805 Filed 12-23-19; 8:45 am]
 BILLING CODE 3510-DS-P