[Federal Register Volume 80, Number 17 (Tuesday, January 27, 2015)]
[Notices]
[Pages 4247-4248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01502]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-983]
Drawn Stainless Steel Sinks From the People's Republic of China:
Final Rescission of Antidumping Duty New Shipper Review; 2012-2013
AGENCY: Enforcement of Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On September 30, 2014, the Department of Commerce
(``Department'') published its preliminary intent to rescind the new
shipper review (``NSR'') of the antidumping duty order on drawn
stainless steel sinks (``drawn sinks'') from the People's Republic of
China (``PRC'') covering the period of review (``POR'') of October 4,
2012 through October 14, 2013 for Hubei Foshan Success Imp. & Exp. Co.
Ltd. (``Foshan Success'').\1\ Based on our analysis of comments
received subsequent to the Preliminary Rescission, the Department
continues to find that Foshan Success' sale was not bona fide. As a
result, the Department is rescinding this NSR.
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\1\ See Drawn Stainless Steel Sinks From the People's Republic
of China: Preliminary Intent To Rescind Antidumping Duty New Shipper
Review; 2012-2013, 79 FR 58743 (September 30, 2014) (``Preliminary
Rescission'').
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DATES: Effective Date: January 27, 2015.
FOR FURTHER INFORMATION CONTACT: Joy Zhang or Erin Begnal, AD/CVD
Operations, Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1168 or (202) 482-1442, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 30, 2014, the Department published the Preliminary
Rescission. On October 22, 2014, Foshan Success submitted a case brief.
On November 4, 2014, Petitioner \2\ submitted a rebuttal brief. On
December 12, 2014, the Department extended the time period for issuing
the final results by 30 days until January 21, 2015.\3\
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\2\ Petitioner is Elkay Manufacturing Company.
\3\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, re:
Extension of Deadline for Final Results of New Shipper Review of
Drawn Stainless Steel Sinks From the People's Republic of China,
dated December 12, 2014.
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Scope of the Order
The products covered by the scope of the order are drawn stainless
steel sinks with single or multiple drawn bowls, with or without drain
boards, whether finished or unfinished, regardless of type of finish,
gauge, or grade of stainless steel. The products covered by this order
are currently classified in the Harmonized Tariff Schedule of the
United States (``HTSUS'') under statistical reporting numbers
7324.10.0000 and 7324.10.00.10. Although the HTSUS subheadings are
provided for convenience and customs purposes, the written description
of the scope is dispositive.\4\
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\4\ See ``Issues and Decision Memorandum for Final Results of
Antidumping Duty New Shipper Review: Drawn Stainless Steel Sinks
From the People's Republic of China'' from Christian Marsh, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations to Paul Piquado, Assistant Secretary for Enforcement and
Compliance, dated concurrently with this notice (``Issues and
Decision Memorandum'') and hereby adopted by this notice, for a
complete description of the Scope of the Order.
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Final Rescission of New Shipper Review
As we explain in the Issues and Decision Memorandum and in the
proprietary Foshan Success Bona Fides Memorandum \5\ issued with the
Preliminary Rescission, due to the totality of circumstances, including
the price and quantity of Foshan Success' single sale and the
importer's failure to provide evidence that the subject merchandise was
resold at a profit, we continue to find that Foshan Success' sale is
not bona fide. As a result, we are rescinding the new shipper review of
Foshan Success.
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\5\ See Memorandum to Melissa Skinner, Director, Office III,
Antidumping and Countervailing Duty Operations, through Erin Begnal,
Program Manager, Office III, Antidumping and Countervailing Duty
Operations, from Joy Zhang, International Trade Analyst, titled
``Antidumping Duty New Shipper Review of Drawn Stainless Steel Sinks
From the People's Republic of China: Bona Fide Sales Analysis for
Hubei Foshan Success Imp. & Exp. Co., Ltd.,'' dated September 23,
2014.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the Issues and Decision Memorandum, which is dated concurrently and is
hereby adopted by this notice. A list of the issues raised in the
briefs and addressed in the Issues and Decision Memorandum is appended
to this notice. The Issues and Decision Memorandum is a public document
and is on file electronically via Enforcement and Compliance's
centralized electronic service system (``ACCESS'').\6\ ACCESS is
available to registered users at http://access.trade.gov and in the
Department's Central Records Unit, Room 7064 of the main Department of
Commerce building. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed and electronic
versions of the Issues and Decision Memorandum are identical in
content.
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\6\ On November 24, 2014, Enforcement and Compliance changed the
name of Enforcement and Compliance's AD and CVD Centralized
Electronic Service System (``IA ACCESS'') to AD and CVD Centralized
Electronic Service System (``ACCESS''). The Web site location was
changed from http://iaaccess.trade.gov to http://access.trade.gov.
The Final Rule changing the references to the Regulations can be
found at 79 FR 69046 (November 20, 2014).
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Cash Deposit Requirements
Effective upon publication of the final rescission of the NSR of
Foshan Success, the Department will instruct CBP to discontinue the
option of posting a bond or security in lieu of a cash
[[Page 4248]]
deposit for entries of subject merchandise by Foshan Success. Cash
deposits will be required for exports of subject merchandise by Foshan
Success entered, or withdrawn from warehouse, for consumption on or
after the publication date at the PRC-wide rate.
Assessment Instructions
As the result of the rescission of NSR of Foshan Success, the
entries of Foshan Success covered by this NSR will be assessed at the
PRC-wide rate.
Notification to Importers
This notice serves as a 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 the Secretary
of Commerce's presumption that reimbursement of the antidumping and/or
countervailing duties occurred and the subsequent assessment of double
antidumping duties.
Return of Destruction of Proprietary Information
This notice serves as a reminder to parties subject to the
administrative protective order (``APO'') of their responsibility
concerning the disposition of proprietary information disclosed under
the APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return or 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.
This notice is issued and published in accordance with sections
751(a)(2)(B) and 777(i) of the Act, and 19 CFR 351.214.
Dated: January 21, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Whether Foshan Success' Sale is Bona Fide
[FR Doc. 2015-01502 Filed 1-26-15; 8:45 am]
BILLING CODE 3510-DS-P