[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Notices]
[Pages 28485-28487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09429]


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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 and Partial Rescission of Antidumping Duty 
Administrative Review; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that sales of drawn stainless steel sinks (sinks) from the 
People's Republic of China (China) were made below normal value (NV) 
during the period of review. Additionally, Commerce is rescinding this 
review with respect to multiple companies. Interested parties are 
invited to comment on these preliminary results of review.

DATES: Applicable May 4, 2023.

FOR FURTHER INFORMATION CONTACT: Ajay Menon or Paul Gill, AD/CVD 
Operations, Office IX, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-0208 or (202) 482-5673, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 9, 2022, based on timely requests for review, in accordance 
with

[[Page 28486]]

19 CFR 351.221(c)(1)(i), we initiated an administrative review of the 
antidumping duty order on sinks from China.\1\ On December 5, 2022, we 
extended the preliminary results of this review to no later than April 
28, 2023.\2\ For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\3\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 35165 (June 9, 2022).
    \2\ See Memorandum, ``Drawn Stainless Steel Sinks from the 
People's Republic of China: Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review; 2021-2022,'' 
dated December 5, 2022.
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review of Drawn 
Stainless Steel Sinks from the People's Republic of China; 2021-
2022,'' dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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Scope of the Order 4
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    \4\ 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) 
(Order).
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    The products covered by the Order are 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.\5\
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    \5\ For a complete description of the scope of the order, see 
Preliminary Decision Memorandum.
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Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if a party who requested 
the review withdraws the request within 90 days of the date of 
publication of notice of initiation of the requested review. On 
September 7, 2022, the petitioner \6\ timely withdrew its request for 
an administrative review of the following companies: \7\ (1) B&R 
Industries Limited; (2) Feidong Import and Export Co., Ltd.; (3) Foshan 
Shunde MingHao Kitchen Utensils Co., Ltd.; (4) Foshan Zhaoshun Trade 
Co., Ltd.; (5) Franke Asia Sourcing Ltd.; (6) Grand Hill Work Company; 
(7) Guangdong G-Top Import & Export Co., Ltd.; (8) Guangdong New Shichu 
Import & Export Company Limited; (9) Hangzhou Heng's Industries Co., 
Ltd.; (10) Hubei Foshan Success Imp & Exp Co. Ltd.; (11) J&C Industries 
Enterprise Limited; (12) Jiangmen Hongmao Trading Co., Ltd.; (13) 
Jiangmen New Star Hi-Tech Enterprise Ltd.; (14) Jiangmen Pioneer Import 
& Export Co., Ltd.; (15) Jiangxi Zoje Kitchen & Bath Industry Co., 
Ltd.; (16) KaiPing Dawn Plumbing Products, Inc.; (17) Ningbo Afa 
Kitchen and Bath Co., Ltd./Yuyao Afa Kitchenware Co., Ltd.; (18) Ningbo 
Oulin Kitchen Utensils Co., Ltd.; (19) Primy Cooperation Limited; (20) 
Shunde Foodstuffs Import & Export Company Limited of Guangdong; (21) 
Shunde Native Produce Import and Export Co., Ltd. of Guangdong; (22) 
Xinhe Stainless Steel Products Co., Ltd.; (23) Zhongshan Newecan 
Enterprise Development Corporation; (24) Zhongshan Silk Imp. & Exp. 
Group Co., Ltd. of Guangdong; (25) Zhongshan Superte Kitchenware Co., 
Ltd.; and (26) Zhuhai Kohler Kitchen & Bathroom Products Co. Ltd. 
Because no other party requested a review of these companies, we are 
rescinding the administrative review for these companies in accordance 
with 19 CFR 351.213(d)(1).
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    \6\ The petitioner is Elkay Manufacturing Company.
    \7\ See Petitioner's Letter, ``Partial Withdrawal of Request for 
Administrative Review'' dated September 7, 2022.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of Tariff Act of 1930, as amended (the Act). Export price 
is calculated in accordance with section 772 of the Act. NV is 
calculated in accordance with section 773 of 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://access.trade.gov/public/FRNoticesListLayout.aspx. A list of the topics 
discussed in the Preliminary Decision Memorandum is attached as an 
appendix to this notice.

Preliminary Results of the Review

    Because Shenzhen Kehuaxing Industrial Ltd. (Shenzhen Kehuaxing) did 
not demonstrate that it is entitled to a separate rate, Commerce 
preliminarily finds this company to be part of the China-wide entity. 
Because no party requested a review of the China-wide entity, the 
entity is not under review. Thus, the rate previously established for 
the China-wide entity, i.e., 76.45 percent,\8\ remains the China-wide 
entity rate in this review.
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    \8\ The China-wide rate determined in the investigation was 
76.53 percent. See Order, 78 FR at 21594. This rate was adjusted for 
export subsidies and estimated domestic subsidy pass through to 
determine the cash deposit rate (i.e., 76.45 percent) collected for 
companies in the 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) 
(Final Determination).
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    We preliminarily determine that the following weighted-average 
dumping margins exist for the period April 1, 2021, through March 31, 
2022, for the mandatory respondents:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Producer or exporter                    dumping margin
                                                             (percent)
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Guangdong Dongyuan Kitchenware Industrial Co., Ltd......            9.52
Guangdong Yingao Kitchen Utensils Co., Ltd..............           36.53
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Assessment Rates

    Upon issuing the final results, Commerce shall determine, and U.S. 
Customs and Border Protection (CBP) shall assess, antidumping duties on 
all appropriate entries covered by this review.\9\
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    \9\ See 19 CFR 351.106(c)(2).
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    For Guangdong Dongyuan Kitchenware Industrial Co., Ltd. (Dongyuan) 
and Guangdong Yingao Kitchen Utensils Co., Ltd. (Yingao), Commerce 
calculated importer- (or customer-) specific per-unit duty assessment 
rates based on the ratio of the total amount of dumping calculated for 
the importer's (or customer's) examined sales to the total sales 
quantity associated with those sales, in accordance with 19 CFR 
351.212(b)(1). Where either a respondent's weighted-average dumping 
margin is zero or de minimis within the meaning of 19 CFR 
351.106(c)(1), or an importer-specific rate is zero or de minimis, we 
will instruct CBP to liquidate the appropriate entries without regard 
to antidumping duties.\10\
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    \10\ Id.
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    For the final results, if we continue to treat Shenzhen Kehuaxing 
as part of the China-wide entity, we will instruct CBP to apply an ad 
valorem assessment rate of 76.45 percent to all entries of subject 
merchandise that were produced and/or exported by Shenzhen Kehuaxing.
    In accordance with section 751(a)(2)(C) of the Act, the final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by the review and 
for future deposits of

[[Page 28487]]

estimated antidumping duties, where applicable. 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).
    Finally, for the companies for which we are rescinding this 
administrative review, antidumping duties shall be assessed at rates 
equal to the cash deposit of estimated antidumping duties required at 
the time of entry, or withdrawal from warehouse, for consumption, in 
accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue 
appropriate assessment instructions directly to CBP no earlier than 35 
days after the date of publication of this notice in the Federal 
Register.

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 subject merchandise from China entered, or withdrawn from 
warehouse, for consumption on, or after, the publication date of the 
final results of review, as provided for by section 751(a)(2)(C) of the 
Act: (1) for Dongyuan and Yingao, the cash deposit rates will be equal 
to the weighted-average dumping margins established in the final 
results of this review (except, if the dumping margin is zero or de 
minimis, then the cash deposit rate will be zero); (2) for a previously 
investigated or reviewed exporter of subject merchandise not listed in 
the final results of review that has a separate rate, the cash deposit 
rate will continue to be the exporter's existing cash deposit rate; (3) 
for all Chinese exporters of subject merchandise that do not have a 
separate rate, the cash deposit rate will be the cash deposit rate 
established for the China-wide entity, i.e., 76.45 percent; \11\ and 
(4) for all exporters of subject merchandise that are not located in 
China and that are not eligible for a separate rate, the cash deposit 
rate will be the rate applicable to the China exporter(s) that supplied 
that non-Chinese exporter. These deposit requirements, when imposed, 
shall remain in effect until further notice.
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    \11\ See Order, 78 FR 21592, adjusted for export subsidies as 
outlined in Final Determination, 78 FR 13019.
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Disclosure

    Commerce intends to disclose the calculations performed in 
connection with these preliminary results to interested parties within 
five days after the date of publication of this notice in the Federal 
Register.\12\
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    \12\ See 19 CFR 351.224(b).
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Public Comment

    Interested parties may submit case briefs to Commerce no later than 
seven days after the date of the last verification report issued in 
this administrative review.\13\ 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.\14\ Parties who submit case 
briefs 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.\15\ Case and rebuttal 
briefs should be filed using ACCESS.\16\ Note that Commerce has 
temporarily modified certain of its requirements for serving documents 
containing business proprietary information, until further notice.\17\
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    \13\ See 19 CFR 351.309(c).
    \14\ Commerce is exercising its discretion, under 19 CFR 
351.309(d)(1), to alter the time limit for filing of rebuttal 
briefs.
    \15\ See 19 CFR 351.309(c)(2) and (d)(2).
    \16\ See 19 CFR 351.303.
    \17\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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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, filed electronically via 
ACCESS within 30 days after the date of publication of this notice.\18\ 
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. Oral presentations at 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.\19\
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    \18\ See 19 CFR 351.310(c).
    \19\ See 19 CFR 351.310(d).
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Verification

    As provided in section 782(i)(3) of the Act, Commerce intends to 
verify the information relied upon for its final results.

Final Results

    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis raised in any written 
briefs, not later than 120 days after the publication of these 
preliminary results in the Federal Register, unless otherwise 
extended.\20\
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    \20\ See section 751(a)(3)(A) of the Act.
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Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) 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 Commerce's 
presumption that reimbursement of antidumping and/or countervailing 
duties occurred and the subsequent assessment of double antidumping 
duties, and/or an increase in the amount of antidumping duties by the 
amount of the countervailing duties.

Notification to Interested Parties

    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 
351.213, and 19 CFR 351.221(b)(4).

    Dated: April 27, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2023-09429 Filed 5-3-23; 8:45 am]
BILLING CODE 3510-DS-P