[Federal Register Volume 86, Number 17 (Thursday, January 28, 2021)]
[Notices]
[Pages 7363-7365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01905]


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

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; 
2019-2020

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, 2019, through 
March 31, 2020. Interested parties are invited to comment on these 
preliminary results.

DATES: Applicable January 28, 2021.

FOR FURTHER INFORMATION CONTACT: 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) 482-6172.

SUPPLEMENTARY INFORMATION:

Background

    On June 8, 2020, Commerce published a notice of initiation of an 
administrative review of the antidumping duty order drawn stainless 
steel sinks from the People's Republic of China (China) covering the 
period April 1, 2019, through March 31, 2020, with respect to 29 
companies.\1\ In August 2020, following a timely withdrawal request, we 
rescinded the review with respect to 23 of these companies.\2\ 
Therefore, the results of this review cover the six remaining 
companies.
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Reviews, 85 FR 35068, 35071 (June 8, 2020).
    \2\ See Drawn Stainless Steel Sinks from the People's Republic 
of China: Partial Rescission of Antidumping Duty Administrative 
Review; 2019-2020, 85 FR 48152 (August 10, 2020).
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the order include drawn stainless steel 
sinks from the People's Republic of China (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\
---------------------------------------------------------------------------

    \3\ For a complete description of the scope of the order, see 
Memorandum, ``Decision Memorandum for Preliminary Results of the 
2019-2020 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).
---------------------------------------------------------------------------

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. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at https://enforcement.trade.gov/frn/index.html. 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 under 
review, and the entity's rate is not subject to change (i.e., 76.45 
percent).\5\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

Preliminary Results of Review

    Commerce finds that the two mandatory respondents, Jiangmen New 
Star Hi-Tech Enterprise Ltd. (New Star) and Zhuhai Kohler Kitchen & 
Bathroom Products Co., Ltd. (Kohler), 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: Guangdong G-Top 
Import & Export Co., Ltd. (G-Top); Jiangmen Pioneer Import & Export 
Co., Ltd. (Pioneer); and Zhongshan Superte Kitchenware Co., Ltd. 
(Superte).
    The statute and Commerce's regulations do not address what rate to 
apply to respondents who are not

[[Page 7364]]

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 
preliminary 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\
---------------------------------------------------------------------------

    \6\ See, e.g., Shenzhen Xinboda Industrial Co., Ltd., v. United 
States, Court No. 15-00179, Slip Op. (CIT 2016); see also Certain 
Steel Threaded Rod From the People's Republic of China: Preliminary 
Results of the Antidumping Duty Administrative Review and Rescission 
of Antidumping Duty Administrative Review, in Part; 2015-2016, 82 FR 
21189, 21192 (May 5, 2017), unchanged in Certain Steel Threaded Rod 
From the People's Republic of China: Final Results of Antidumping 
Duty Administrative Review; 2015-2016, 82 FR 51611 (November 7, 
2017); and Certain Frozen Fish Fillets From the Socialist Republic 
of Vietnam: Preliminary Results and Partial Rescission of the 
Antidumping Duty Administrative Review; 2014-2015, 81 FR 64131, 
64133 (September 19, 2016), unchanged in Certain Frozen Fish Fillets 
From the Socialist Republic of Vietnam: Final Results and Partial 
Rescission of Antidumping Duty Administrative Review; 2014-2015, 82 
FR 15181 (March 27, 2017).
    \7\ See Drawn Stainless Steel Sinks from the People's Republic 
of China: Final Results of Antidumping Duty Administrative Review; 
2017-2018, 85 FR 11341 (February 27, 2020).
---------------------------------------------------------------------------

    Commerce preliminarily determines that the following weighted-
average dumping margins exist for the period April 1, 2019, through 
March 31, 2020:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                          Exporter                             dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
KaiPing Dawn Plumbing Products Inc.........................        1.78
------------------------------------------------------------------------

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 
seven 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\
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.309(c).
    \9\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19, 85 FR 17006 (March 26, 
2020), and Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020) (collectively, Temporary Rule).
    \10\ See 19 CFR 351.309(c)(2).
    \11\ See 19 CFR 351.303.
---------------------------------------------------------------------------

    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.\13\
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.310(c).
    \13\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    An electronically-filed document must be received successfully in 
its entirety by ACCESS by 5:00 p.m. Eastern Time on the established 
deadline. Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information, until further notice.\14\
---------------------------------------------------------------------------

    \14\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements); and Temporary Rule.
---------------------------------------------------------------------------

    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.\15\
---------------------------------------------------------------------------

    \15\ See section 751(a)(3)(A) of the Act.
---------------------------------------------------------------------------

Assessment Rates

    Upon issuance 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.\16\ 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: G-Top; Kohler; New Star; Pioneer; and 
Superte. For the company receiving a separate rate, we intend to assign 
an assessment rate of 1.78 percent, consistent with the methodology 
described above.
---------------------------------------------------------------------------

    \16\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------

    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
review in the Federal Register. If a timely summons is filed at the 
U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).

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, 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.

[[Page 7365]]

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 duties prior to liquidation 
of the relevant entries during this review period. 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 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: January 22, 2021.
Christian Marsh,
Acting 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 the Methodology
V. Recommendation

[FR Doc. 2021-01905 Filed 1-27-21; 8:45 am]
BILLING CODE 3510-DS-P