[Federal Register Volume 80, Number 217 (Tuesday, November 10, 2015)]
[Notices]
[Pages 69638-69640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28664]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-984]
Drawn Stainless Steel Sinks From the People's Republic of China:
Final Results of Countervailing Duty Administrative Review and
Rescission in Part; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) has conducted an
administrative review of the countervailing duty (CVD) order on drawn
stainless steel sinks (sinks) from the People's Republic of China
(PRC). The period of review (POR) is August 6, 2012, through December
31, 2013. On May 7, 2015, we published the preliminary results of this
administrative review.\1\ We invited interested parties to comment on
the Preliminary Results. After reviewing the comments received, we have
made no changes to the Preliminary Results. As such, we continue to
find that Guangdong Dongyuan Kitchenware Industrial Co., Ltd.
(Dongyuan) received countervailable subsidies during the POR. We also
find that Shunde Native Produce Import and Export Co., Ltd. of
Guangdong (Native Produce) did not
[[Page 69639]]
have any reviewable entries during the POR.
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\1\ See Drawn Stainless Steel Sinks From the People's Republic
of China: Preliminary Results of Countervailing Duty Administrative
Review, Rescission in Part, and Intent to Rescind the Review in
Part; 2012-2013, 80 FR 26226 (May 7, 2015) (Preliminary Results) and
accompanying Preliminary Decision Memorandum.
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DATES: Effective date: November 10, 2015.
FOR FURTHER INFORMATION CONTACT: Jennifer Meek, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
2778.
Scope of the Order
Drawn stainless steel sinks are 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 sinks. The products
covered by this order are currently classified in the Harmonized Tariff
Schedule of the United States (HTSUS) under statistical reporting
number 7324.10.0000. Although the HTSUS subheading is provided for
convenience and customs purposes, the written description of the scope
of the order is dispositive.
A full description of the scope of the order is contained in the
memorandum from Christian Marsh, Deputy Assistant Secretary for
Enforcement and Compliance, to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, ``Decision Memorandum for the Final Results
of Countervailing Duty Administrative Review: Drawn Stainless Steel
Sinks from the People's Republic of China'' dated concurrently with
this notice (Issues and Decision Memorandum), which is hereby adopted
by this notice. A list of topics discussed in the Issues and Decision
Memorandum is provided as Appendix I to this Notice.
The Issues and 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 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 on the internet 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.
Analysis of Comments Received
All issues raised in the case briefs submitted by parties are
addressed in the Issues and Decision Memorandum. A list of the issues
which parties raised and to which we respond in the Issues and
Decisions Memorandum is attached to this notice as Appendix I. The
Department conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each
program found countervailable, we determine that there is a subsidy,
i.e., a government-provided financial contribution that gives rise to a
benefit to the recipient, and that the subsidy is specific.\2\
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\2\ See sections 771(5)(B)and (D) of the Act regarding financial
contribution; section 771(5)(E) of the Act regarding benefit; and
section 771(5A) of the Act regarding specificity.
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In making these findings, we relied, in part, on facts available
and, because we determine that the Government of the PRC did not act to
the best of its ability to respond to the Department's requests for
information, we applied an adverse inference in selecting from among
the facts otherwise available.\3\ For a full description of the
methodology underlying our conclusions, see the Issues and Decision
Memorandum.
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\3\ See sections 776(a) and (b) of the Act. For further
information, see ``Use of Facts Otherwise Available and Adverse
Inferences'' in the Issues and Decision Memorandum.
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Final Determination of No Shipments and Rescission of the Review in
Part
Based on our analysis of U.S. Customs and Border Protection (CBP)
information and information provided by Native Produce, we determine
that Native Produce did not have any reviewable entries during the POR.
No evidence of shipments was placed on the record, therefore, pursuant
to 19 CFR 351.213(d)(3), we are rescinding the administrative review of
this company. For additional information regarding this determination,
see the Issues and Decision Memorandum.
Final Results of the Review
In accordance with 19 CFR 351.221(b)(5), we calculated an
individual subsidy rate for for 2012 and 2013, respectively, as set
forth below.
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Subsidy Subsidy
rate rate
Company (percent) (percent)
2013 2012
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Guangdong Dongyuan Kitchenware Industrial Co., Ltd 9.83 3.91
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Assessment Rates
Consistent with 19 CFR 351.212(b)(2), we intend to issue assessment
instructions to CBP fifteen days after the date of publication of these
final results. The Department will instruct CBP to liquidate shipments
of subject merchandise produced and/or exported by Guangdong Dongyuan
Kitchenware Industrial Co., Ltd. entered, or withdrawn from warehouse,
for consumption for the periods on or after August 6, 2012 through
December 3, 2012, and on or after April 10, 2013, through December 31,
2013. For entries made during the gap period \4\ (i.e, on or after
December 4, 2012 through April 9, 2013), we will instruct CBP to
liquidate the entries without regard to countervailing duties pursuant
to section 703(d) of the Tariff Act of 1930, as amended (the Act).
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\4\ The gap period represents the period of time after the
expiration of the 120-day provisional measures period during the
investigation, to the day prior to the publication in the Federal
Register of the U.S. International Trade Commission's Final
Determination. In this administrative review, the gap period is
December 4, 2012, to April 9, 2013.
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For the rescinded company, countervailing duties shall be assessed
at rates equal to the cash deposit of estimated countervailing duties
required at the time of entry, or withdrawal from warehouse, for
consumption, during the period on or after August 6, 2012, through
December 3, 2012, and on or after April 10, 2013, through December 31,
2013, in accordance with 19 CFR 351.212(c)(1)(i).
Cash Deposit Requirements
In accordance with section 751(a)(2)(C) of the Act, the Department
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amount shown above for Dongyuan, as
determined for 2013, on shipments of subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of the final results of this review. For all non-reviewed
firms, we will instruct CBP to continue to collect cash deposits at the
most-recent company-specific or all-others rate applicable to the
company, as appropriate. These cash deposit requirements, when imposed,
shall remain in effect until further notice.
Administrative Protective Order
This notice serves as a final reminder to parties subject to
administrative protective order (APO) of their responsibilities
concerning the disposition of proprietary information disclosed under
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
[[Page 69640]]
with the regulations and the terms of an APO is a sanctionable
violation.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.
Dated: November 3, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I--List of Topics Discussed in the Issues and Decision
Memorandum
Summary
A. Background
B. Scope of the Order
C. Partial Rescission of the Administrative Review
D. Use of Facts Otherwise Available and Adverse Inferences
E. Subsidy Valuation Information
F. Analysis of Programs
G. Analysis of Comments
Comment 1: Whether Dongyuan's Stainless Steel Supplier is an
Authority
Comment 2: The Department's Refusal to Meet With Counsel for
Dongyuan
Comment 3: The Department's Refusal to Permit the GOC to Submit
Factual Information After the Preliminary Results
Comment 4: Whether the Stainless Steel Coil Industry in China is
Distorted by Government Presence in the Market
Comment 5: Whether Working Capital Loans are a Part of the Policy
Lending Program
H. Recommendation
[FR Doc. 2015-28664 Filed 11-9-15; 8:45 am]
BILLING CODE 3510-DS-P