[Federal Register Volume 80, Number 217 (Tuesday, November 10, 2015)]
[Notices]
[Pages 69644-69646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28644]
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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 Results of the Antidumping Duty Administrative Review; 2012-2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On May 7, 2015, the Department of Commerce (Department)
published the preliminary results of the administrative review of the
antidumping duty (AD) order on drawn stainless steel sinks (drawn
sinks) from the People's Republic of China (PRC).\1\ The review covers
seven producers/exporters of the subject merchandise, including the
following mandatory respondents: Guangdong Dongyuan Kitchenware
Industrial Co., Ltd. (Dongyuan) and Guangdong Yingao Kitchen Utensils
Co., Ltd. (Yingao). The period of review (POR) is October 4, 2012,
through March 31, 2014. We provided interested parties an opportunity
to comment on the Preliminary Results. After reviewing the comments
received and making corrections to the margin calculations, where
appropriate, we continue to find that Dongyuan and Yingao both made
sales of subject merchandise to the United States at prices below
normal value (NV) during the POR. The final dumping margins are listed
below in the section entitled ``Final Results of the Review.''
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\1\ See Drawn Stainless Steel Sinks from the People's Republic
of China: Preliminary Results of Antidumping Duty Administrative
Review, 80 FR 26227 (May 7, 2015) (Preliminary Results).
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DATES: Effective date: November 10, 2015.
FOR FURTHER INFORMATION CONTACT: Brian C. Smith or Reza Karamloo, 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) 482-1766 and (202)
482-4470, respectively.
SUPPLEMENTARY INFORMATION:
Background
For a description of events that have occurred since the
publication of the Preliminary Results, see the Issues and Decision
Memorandum.\2\ The Issues and Decision Memorandum is a public document
and is on file electronically via Enforcement and Compliance's AD and
Countervailing Duty (CVD) Centralized Electronic Service System
(ACCESS). ACCESS is available to registered users at http://access.trade.gov and in the Central Records Unit, Room B8024 of the
main Department of 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.
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\2\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
``Drawn Stainless Steel Sinks from the People's Republic of China:
Issues and Decision Memorandum for the Final Results of the
Antidumping Duty Administrative Review; 2012-2014,'' dated
concurrently with and hereby adopted by this notice (Issues and
Decision Memorandum).
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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. 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
Issues and Decision Memorandum.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the
[[Page 69645]]
Issues and Decision Memorandum. A list of the issues which parties
raised and to which we respond in the Issues and Decision Memorandum is
attached to this notice as Appendix I.
Changes Since the Preliminary Results
Based on our review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
revisions to the margin calculations for Dongyuan, Yingao, and the
separate rate respondents.\4\
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\4\ For further explanation regarding these changes, see Issues
and Decision Memorandum.
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Separate Rate Respondents
In the Preliminary Results, we determined that the mandatory
respondents, Dongyuan and Yingao, and the following separate rate
applicant companies satisfied the criteria for separate rate status:
Foshan Zhaoshun Trade Co., Ltd.; Guangdong New Shichu Import & Export
Company Limited; Yuyao Afa Kitchenware Co., Ltd.; Zhongshan Newecan
Enterprise Development Corporation Limited; and Zhongshan Superte
Kitchenware Co., Ltd.\5\ We received no comments or arguments since the
issuance of the Preliminary Results that provide a basis for
reconsideration of our decision with respect to these companies.
Therefore, the Department continues to find that the companies listed
above meet the criteria for a separate rate.
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\5\ See Preliminary Results, 80 FR 26228; see also Memorandum to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
from Christian Marsh, Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, ``Decision Memorandum for
Preliminary Results of the Antidumping Duty Administrative Review:
Drawn Stainless Steel Sinks from the People's Republic of China''
(April 30, 2015) (Preliminary Decision Memorandum), at 6-9.
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Rate for Non-Examined Separate Rate Respondents
In the Preliminary Results, we assigned an average of the weighted-
average dumping margins assigned to Dongyuan and Yingao to the non-
individually examined companies that are eligible for a separate rate
(i.e., the separate rate applicant companies). No parties commented on
the methodology for calculating this separate rate. Therefore, in these
final results of the review, we continue to use an average of the
weighted-average dumping margins assigned to Dongyuan and Yingao,\6\
which is 4.29 percent, as the rate for those companies which were not
examined and which are eligible for a separate rate. The separate rate
applicant companies receiving this rate are identified by name and
listed below in the section entitled ``Final Results of the Review.''
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\6\ See Memorandum to the File from Brian Smith, Team Leader,
``Drawn Stainless Steel Sinks from the People's Republic of China:
Calculation of the Final Margin for Separate Rate Companies,'' dated
concurrently with this memorandum (Final Results Separate Rate
Calculation Memorandum).
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Final Results of the Review
In the Preliminary Results, the Department found that Feidong
Import & Export Co., Ltd.; Shunde Native Produce Import & Export Co,
Ltd. of Guangdong; and Zhongshan Silk Import & Export Group Co., Ltd.
of Guangdong were not eligible for a separate rate, and therefore, were
part of the PRC-wide entity.\7\ Because the status of these companies
has not changed since the Preliminary Results, we continue to find that
they are ineligible for a separate rate and part of the PRC-wide
entity. Because no party requested a review of the PRC-wide entity and
the Department no longer considers the PRC-wide entity as an exporter
conditionally subject to administrative reviews,\8\ we did not conduct
a review of the PRC-wide entity. Thus, the rate for the PRC-wide entity
is not subject to change as a result of this review.
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\7\ See Preliminary Decision Memorandum, at 10-12.
\8\ 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, 65969-70 (November
4, 2013).
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For companies subject to this review, which established their
eligibility for a separate rate, the Department finds that the
following weighted-average dumping margins exist for the period October
4, 2012, through March 31, 2014:
------------------------------------------------------------------------
Weighted-
average
Exporters dumping
margin \9\
(percent)
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Foshan Zhaoshun Trade Co., Ltd.............................. 4.29
Guangdong Dongyuan Kitchenware Industrial Co., Ltd.......... 2.82
Guangdong New Shichu Import & Export Company Limited........ 4.29
Guangdong Yingao Kitchen Utensils Co., Ltd.................. 8.06
Yuyao Afa Kitchenware Co., Ltd.............................. 4.29
Zhongshan Newecan Enterprise Development Corporation Limited 4.29
Zhongshan Superte Kitchenware Co., Ltd...................... 4.29
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Assessment Rates
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\9\ These rates have been adjusted for the estimated domestic
subsidy pass-through.
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Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.212(b), the Department determined,
and U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries of subject merchandise in accordance
with the final results of this review. The Department intends to issue
appropriate assessment instructions directly to CBP 15 days after
publication of the final results of this administrative review.
For each individually examined respondent in this review (i.e.,
Dongyuan and Yingao) which has a weighted-average dumping margin which
is not zero or de minimis (i.e., less than 0.5 percent), we will
calculate 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).\10\ Where either the respondent's weighted-average
dumping margin is zero or de minimis, or an importer-(or customer-)
specific assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
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\10\ In these final results, the Department continues to apply
the assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
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For the respondents which were not selected for individual
examination in this administrative review and which qualified for a
separate rate, the assessment rate is equal to the average of the
weighted-average dumping margins assigned to Dongyuan and Yingao, or
4.29 percent.
For the companies identified above as part of the PRC-wide entity,
we will instruct CBP to apply an ad valorem assessment rate of 76.45
\11\ percent to all entries of subject merchandise during
[[Page 69646]]
the POR which were produced and/or exported by those companies.
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\11\ The PRC-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, 21594 (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 the PRC-wide entity. See
explanation in Drawn Stainless Steel Sinks From the People's
Republic of China: Investigation, Final Determination, 78 FR 13019,
13025 (February 26, 2013).
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The Department has refined its assessment practice in NME cases.
Pursuant to this refinement in practice, for entries that were not
reported in the U.S. sales databases submitted by companies
individually examined during this review, the Department will instruct
CBP to liquidate such entries at the PRC-wide rate. In addition, if the
Department determines that an exporter under review had no shipments of
the subject merchandise, any suspended entries that entered under that
exporter's case number (i.e., at that exporter's rate) will be
liquidated at the PRC-wide rate.\12\
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\12\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011) (NME Antidumping Proceedings).
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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 from the PRC 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 companies
listed above that have 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 PRC and non-PRC exporters that received a separate rate in a
prior segment of this proceeding, the cash deposit rate will continue
to be the existing exporter-specific rate; (3) for all PRC 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 PRC-wide
entity, which is 76.45 percent; and (4) for all non-PRC exporters of
subject merchandise which have not received their own rate, the cash
deposit rate will be the rate applicable to the PRC exporter(s) that
supplied that non-PRC exporter. These deposit requirements, when
imposed, shall remain in effect until further notice.
Disclosure
The Department intends to disclose to the parties the calculations
performed for these final results within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Notification to Importers
This notice also 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 and/or countervailing duties prior to
liquidation of the relevant entries during this POR. Failure to comply
with this requirement could result in the Department's presumption that
reimbursement of antidumping and/or countervailing duties occurred and
the subsequent assessment of doubled antidumping duties.
Notification Regarding Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction 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 the return or
destruction of APO materials, or conversion to judicial protective
order, is hereby requested. Failure to comply with the regulations and
terms of an APO is a violation which is subject to sanction.
This notice is published in accordance with sections 751(a)(l) and
777(i)(l) of the Act.
Dated: November 2, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Margin Calculations
V. Discussion of the Issues
Comment 1. Eligibility of Respondents for a ``Double Remedy''
Pass-Through Adjustment
Comment 2. Subsidy Rates Used as the Basis for the ``Double
Remedy'' Pass-Through Adjustment
Comment 3. Use of Bloomberg Data
Comment 4. Statutory Authority To Consider an Alternative
Comparison Method
Comment 5. Notice and Comment Process Necessary for New
Differential Pricing Analysis
Comment 6. Differential Pricing Analysis
Comment 7. Zeroing
Comment 8. Definition of Purchaser and Region in the Cohen's d
Test
Comment 9. Surrogate Financial Ratios
Comment 10. Stainless Steel Surrogate Value
Comment 11. Treatment of Labor Expenses in the Financial Ratios
and Adjustment To Labor Surrogate Value
Comment 12. Calculation of the Labor Surrogate Value
Comment 13. Truck Freight Surrogate Value
Comment 14. Inclusion of Letter of Credit Costs in the Brokerage
and Handling Surrogate Value
Comment 15. Weight Adjustment Made to the Brokerage and Handling
and Truck Surrogate Values
Comment 16. Wooden Box Factor Calculation for Yingao
Comment 17. Packing Material Consumption Weights for Yingao
Comment 18. Dongyuan Reported Gross Weights
Comment 19. Separate Rate Eligibility for Feidong
VI. Recommendation
[FR Doc. 2015-28644 Filed 11-9-15; 8:45 am]
BILLING CODE 3510-DS-P