[Federal Register Volume 83, Number 98 (Monday, May 21, 2018)]
[Notices]
[Pages 23424-23427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10697]
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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; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
[[Page 23425]]
SUMMARY: The Department of Commerce (Commerce) finds that certain
companies covered by this administrative review made sales of drawn
stainless steel sinks (drawn sinks) from the People's Republic of China
(China) at less than normal value.
DATES: Applicable May 21, 2018.
FOR FURTHER INFORMATION CONTACT: Rebecca Janz or Ajay Menon, 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) 482-2972 and (202) 482-1993,
respectively.
SUPPLEMENTARY INFORMATION:
Background
The final results of this administrative review cover two mandatory
respondents, Feidong Import and Export Co., Ltd. (Feidong), and Foshan
Zhaoshun Trade Co., Ltd (Zhaoshun). We continue to determine that
neither mandatory respondent qualifies for a separate rate, and,
therefore, both are considered part of the China-wide entity.
Additionally, we continue to include two companies that failed to
demonstrate their entitlement to a separate rate (i.e., Jiangmen
Hongmao Trading Co., Ltd. (Hongmao) and Yuyao Afa Kitchenware Co., Ltd.
(Yuyao)) as part of the China-wide entity. We also continue to grant
separate rates to the following companies which were not selected for
individual examination: Jiangmen New Star Hi-Tech Enterprise Ltd. (New
Star); KaiPing Dawn Plumbing Products, Inc. (KaiPing); Guangdong New
Shichu Import and Export Company Limited (New Shichu); and Ningbo Afa
Kitchen and Bath Co., Ltd. (Ningbo Afa). Finally, we continue find that
B&R Industries Limited (B&R); Xinhe Stainless Steel Products Co., Ltd.
(Xinhe); Zhongshan Superte Kitchenware Co., Ltd. (Superte); and Zhuhai
KOHLER Kitchen & Bathroom Products Co., Ltd. (Zhuhai KOHLER) made no
shipments of subject merchandise during the period of review (POR)
April 1, 2016, through March 31, 2017.
On January 5, 2018, Commerce published the Preliminary Results.\1\
For events occurring after the Preliminary Results, see the Issues and
Decision Memorandum.\2\ Commence conducted this administrative review
in accordance with section 751 of the Tariff Act of 1930, as amended
(the Act).
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\1\ See Drawn Stainless Steel Sinks from the People's Republic
of China: Preliminary Results of the Antidumping Duty Administrative
Review and Preliminary Determination of No Shipments; 2016-2017, 83
FR 658 (January 5, 2018) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Decision Memorandum for the Final Results
of the Antidumping Duty Administrative Review: Drawn Stainless Steel
Sinks from the People's Republic of China,'' issued concurrently
with and hereby adopted by this notice (Issues and Decision
Memorandum).
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Commerce exercised its discretion to toll all deadlines affected by
the closure of the Federal Government from January 20 through 22, 2018.
If the new deadline falls on a non-business day, in accordance with
Commerce's practice, the deadline will become the next business day.
The revised deadline for the final results of this review is now May 8,
2018.\3\
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\3\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government.'' dated January 23, 2018. All deadlines in this
segment of the proceeding have been extended by three days.
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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.\4\
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\4\ 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 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 an Appendix. 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 https://access.trade.gov, and it is available to
all parties 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://trade.gov/enforcement. The signed Issues and Decision Memorandum and
the electronic version of the Issues and Decision Memorandum are
identical in content.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we made no changes
to our Preliminary Results.
Final Determination of No Shipments
In the Preliminary Results, Commerce preliminarily determined that
B&R, Xinhe, Superte, and Zhuhai KOHLER had no shipments of subject
merchandise during the POR.\5\ We received no comments since the
issuance of the Preliminary Results on this issue. Thus, we continue to
determine that B&R, Xinhe, Superte, and Zhuhai KOHLER had no shipments
of subject merchandise during the POR, and we intend to issue
appropriate instructions to U.S. Customs and Border Protection (CBP)
that are consistent with our ``automatic assessment'' clarification for
these final results of review.\6\
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\5\ See Preliminary Results, 83 FR at 658.
\6\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011); see
also ``Assessment Rates'' section of this notice.
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Separate Rate Respondents
In the Preliminary Results, we found that evidence provided by
KaiPing, New Shichu, New Star, and Ningbo Afa supported finding an
absence of both de jure and de facto government control; therefore, we
preliminarily granted a separate rate to each of these companies.\7\ We
received no comments since the issuance of the Preliminary Results on
this issue with respect to these companies. Therefore, Commerce
continues to find that KaiPing, New Shichu, New Star, and Ningbo Afa
meet the criteria for a separate rate.
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\7\ See Preliminary Results, 83 FR at 658-659.
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With respect to Hongmao, Yuyao, and Zhaoshun, we preliminarily
determined that these companies failed to establish their entitlement
to a separate rate.\8\ We received no comments since the issuance of
the Preliminary Results on this issue with respect to these companies.
Therefore, Commerce continues to find that Hongmao, Yuyao, and Zhaoshun
are not eligible for a separate rate and are part of the China-wide
entity.
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\8\ Id.
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With respect to Feidong, we preliminarily determined that Feidong
failed to demonstrate an absence of de facto government control, and,
thus, Commerce did not grant Feidong a separate rate.\9\ For these
final results, we continue to find that Feidong failed to demonstrate
an absence of de facto government control based on record evidence.
Accordingly, we continue to
[[Page 23426]]
find that Feidong is not eligible for a separate rate and is part of
the China-wide entity. For further discussion of this issue, see the
accompanying Issues and Decision Memorandum.
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\9\ Id. at 659.
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Rate for Non-Examined Separate Rate Respondents
In the Preliminary Results, consistent with our recent practice, we
preliminarily assigned the non-selected companies a weighted-average
dumping margin of 1.78 percent (i.e., the most recently assigned
separate rate in this proceeding) \10\ because we did not calculate any
individual rates or assign a rate based on facts available during this
review.\11\ No parties commented on the methodology for calculating
this separate rate. Therefore, in these final results of the review, we
continue to assign a rate of 1.78 percent for those companies that were
not individually examined and are eligible for a separate rate. These
companies, KaiPing, New Shichu, New Star, and Ningbo Afa, are also
listed below in the section entitled ``Final Results of the Review.''
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\10\ See Drawn Stainless Steel Sinks from the People's Republic
of China: Final Results of Antidumping Duty Administrative Review
and Final Determination of No Shipments; 2015-2016, 82 FR 28639,
28640 (June 23, 2017).
\11\ See, e.g., Certain Frozen Warmwater Shrimp from the
Socialist Republic of Vietnam: Preliminary Results of Antidumping
Duty Administrative Review; 2015-2016, 81 FR 62717 (September 12,
2016), and accompanying Preliminary Decision Memorandum at 10-11,
unchanged in Certain Frozen Warmwater Shrimp from the Socialist
Republic of Vietnam: Final Results of Antidumping Duty
Administrative Review; 2015-2016, 82 FR 11431 (February 23, 2017).
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Final Results of the Review
In the Preliminary Results, Commerce preliminarily found that
Feidong, Hongmao, Yuyao, and Zhaoshun were not eligible for a separate
rate, and therefore, were part of China-wide entity, subject to the
China-wide entity rate of 76.45 percent.\12\ 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 are
part of the China-wide entity. Because no party requested a review of
the China-wide entity and Commerce no longer considers the China-wide
entity as an exporter conditionally subject to administrative
reviews,\13\ we did not conduct a review of the China-wide entity.
Thus, the rate for the China-wide entity is not subject to change as a
result of this review.
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\12\ See Preliminary Results, and accompanying PDM, at 8-11.
\13\ 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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Final Results of the Review
We continue to determine that the following weighted-average
dumping margins exist for the period April 1, 2016, through March 31,
2017:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
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Guangong New Shichu Import and Export Company Limited....... 1.78
KaiPing Dawn Plumbing Products, Inc......................... 1.78
Jiangmen New Star Hi-Tech Enterprise Ltd.................... 1.78
Ningbo Afa Kitchen and Bath Co., Ltd........................ 1.78
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Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce has determined, and CBP shall assess, antidumping duties on
all appropriate entries of subject merchandise in accordance with the
final results of this review. Commerce intends to issue appropriate
assessment instructions directly to CBP 15 days after publication of
the final results of this administrative review.
For the above-listed respondents which were not selected for
individual examination in this administrative review and qualified for
a separate rate, we will instruct CBP to assess dumping duties at the
rate of 1.78 percent.
For Feidong, Hongmao, Yuyao, and Zhaoshun, because Commerce
determined that these companies did not qualify for a separate rate, we
will instruct CBP to assess dumping duties on all entries of subject
merchandise during the POR which were produced and/or exported by these
companies at a rate of 76.45 percent.
For B&R, Superte, Xinhe, and Zhuhai KOHLER, because Commerce
determined that these companies had no shipments of the subject
merchandise during the POR, any suspended entries of subject
merchandise from these companies will be liquidated at China-wide
rate.\14\
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\14\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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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 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 companies
listed above that have a separate rate, the cash deposit rate will be
that rate established in the final results of this review; (2) for
previously investigated or reviewed China and non-China 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 China 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, which is 76.45 percent; and (4)
for all non-China exporters of subject merchandise which have not
received their own rate, the cash deposit rate will be the rate
applicable to China exporter(s) that supplied that non-China exporter.
These deposit requirements, when imposed, shall remain in effect until
further notice.
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 Commerce'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.
[[Page 23427]]
Dated: May 8, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
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. Feidong's Separate Rate Status
V. Recommendation
[FR Doc. 2018-10697 Filed 5-18-18; 8:45 am]
BILLING CODE 3510-DS-P