658 Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Notices 

1For a complete description of the Scope of the 

Order, see Memorandum, ‘‘Decision Memorandum 

for Preliminary 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 (Preliminary Decision Memorandum). 

2See Non-Market Economy Antidumping 

Proceedings: Assessment of Antidumping Duties, 76 

FR 65694, 65694–95 (October 24, 2011) (NME AD 

Assessment) and the ‘‘Assessment Rates’’ section, 

below. 

and accountable processors and helps 

ensure that processing is consistent with 

the controller’s CBPR System processing 

requirements. 

The PRP system requires processors to 

implement privacy policies and 

practices consistent with the PRP 

system requirements for all personal 

information that they process on behalf 

of controllers, and these policies and 

practices must be assessed as compliant 

by an APEC-recognized Accountability 

Agent (‘‘PRP certification’’). Under the 

PRP system, an ‘‘Accountability Agent’’ 

is a third-party organization that 

provides verification services related to 

the data privacy policies and practices 

for those processors seeking PRP 

certification. Only APEC-recognized 

Accountability Agents may perform PRP 

certifications. 

An Accountability Agent may only 

provide PRP certification for a U.S. 

processor that is subject to the 

enforcement authority of the Federal 

Trade Commission, the U.S. privacy 

enforcement authority. 

An applicant may be designated as an 

Accountability Agent if APEC member 

economies recognize that it meets the 

recognition criteria agreed to by APEC. 

Those criteria are set forth in the 

Accountability Agent APEC Application 

for the PRP System (‘‘APEC PRP System 

Guide’’), which is available at: https:// 

cbprs.blob.core.windows.net/files/ 

Accountability%20Agent

%20Application%20for%20PRP

%20Revised%20For%20Posting%203- 

16.pdf. 

Organizations interested in being 

designated as an Accountability Agent 

should notify the Department of 

Commerce of their interest in obtaining 

APEC recognition and submit the 

information described in the APEC PRP 

System Guide to the Office of Digital 

Services Industries by email at 

michael.rose@trade.gov. 

Dated: December 29, 2017. 

James Sullivan, 

Deputy Assistant Secretary for Services, U.S. 

Department of Commerce. 

[FR Doc. 2018–00046 Filed 1–4–18; 8:45 am] 

BILLING CODE 3510–DR–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–983] 

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 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) is conducting an 

administrative review of the 

antidumping duty order on drawn 

stainless steel sinks (drawn sinks) from 

the People’s Republic of China (China). 

The period of review (POR) is April 1, 

2016, through March 31, 2017. The 

review covers two mandatory 

respondents, Feidong Import and Export 

Co., Ltd. (Feidong) and Foshan 

Zhaoshun Trade Co., Ltd (Zhaoshun). 

We preliminarily determine that neither 

mandatory respondent qualifies for a 

separate rate and, therefore, both are 

considered part of the China-wide 

entity. Additionally, we are 

preliminarily including 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 Chinawide entity. We also preliminarily grant 

separate rates to the following 

companies which demonstrated 

eligibility for separate rate status but 

were not selected for individual 

examination: Jiangmen New Star HiTech Enterprise Ltd. (New Star); 

KaiPing Dawn Plumbing Products, Inc. 

(KaiPing); Guangdong New Shichu 

Import and Export Company Limited 

(New Sichu); and Ningbo Afa Kitchen 

and Bath Co., Ltd. (Ningbo Afa). Finally, 

we preliminarily 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 POR. We invite 

interested parties to comment on these 

preliminary results. 

DATES: Applicable January 5, 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 or (202) 482–1993, 

respectively. 

SUPPLEMENTARY INFORMATION: 

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.1

Preliminary Determination of No 

Shipments 

Based on our analysis of CBP 

information and information provided 

by the companies, we preliminarily 

determine that B&R, Superte, Xinhe, 

and Zhuhai KOHLER did not have any 

shipments of subject merchandise 

during the POR. In addition, Commerce 

finds that, consistent with its 

assessment practice in non-market 

economy (NME) cases, it is appropriate 

not to rescind the review in part in these 

circumstances, but to complete the 

review with respect to these four 

companies and issue appropriate 

instructions to CBP based on the final 

results.2 For additional information 

regarding this determination, see the 

Preliminary Decision Memorandum. 

Methodology 

Commerce is conducting this review 

in accordance with section 751(a)(1)(B) 

of the Tariff Act of 1930, as amended 

(the Act). Because Feidong is majority 

government-owned and Foshan did not 

respond to the NME questionnaire, we 

preliminarily determine that they are 

not eligible for a separate rate and are 

part of the China-wide entity, subject to 

the China-wide entity rate of 76.45 

percent. 

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 


daltland on DSKBBV9HB2PROD with NOTICES
Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Notices 659 

3See 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 (November 4, 2013). 

4See, 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). 

5See 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) (Sinks AR3 

Final). 

6See Sinks AR3 Final. 

7See Drawn Stainless Steel Sinks from the 

People’s Republic of China: Investigation, Final 

Determination, 78 FR 13019 (February 26, 2013). 

8See 19 CFR 351.309(c). 

9See 19 CFR 351.309(d). 

10See 19 CFR 351.310(c). 

11See 19 CFR 351.310(d). 

12See 19 CFR 351.212(b)(1). 

Compliance’s Antidumping and 

Countervailing Duty Centralized 

Electronic Service System (ACCESS). 

ACCESS is available to registered users 

at https://access.trade.gov, and to all 

parties in the Central Records Unit, 

room B8024 of the main Department of 

Commerce building. In addition, a 

complete version of the Preliminary 

Decision Memorandum can be accessed 

directly at http://enforcement.trade.gov/ 

frn/. The signed and the electronic 

versions of the Preliminary Decision 

Memorandum are identical in content. 

A list of topics included in the 

Preliminary Decision Memorandum is 

provided in the Appendix to this notice. 

Preliminary Results of Review 

Commerce finds that the two 

mandatory respondents have not 

established eligibility for a separate rate 

and are considered to be part of the 

China-wide entity for these preliminary 

results. Additionally, because Hongmao 

and Yuyao did not submit a separate 

rate application or certification by the 

deadline established in the Initiation 

Notice or make a claim that they had no 

exports, sales, or entries of subject 

merchandise during the POR, we 

preliminarily find that these companies 

failed to establish their entitlement to a 

separate rate and, therefore, remain part 

of the China-wide entity. Commerce’s 

policy regarding conditional review of 

the China-wide entity applies to this 

administrative review.3 Under this 

policy, the China-wide rate will not be 

under review unless a party requests, or 

Commerce self-initiates, a review of the 

entity. Because no party requested a 

review of the China-wide entity, the 

entity is not under review, and the 

entity’s rate is not subject to change. 

The statute and Commerce’s 

regulations do not address what rate to 

apply to respondents not selected for 

individual examination when 

Commerce limits its examination in an 

administrative review pursuant to 

section 777A(c)(2) of the Act. Generally, 

Commerce looks to section 735(c)(5) of 

the Act, which provides instructions for 

calculating the all-others rate in an 

investigation, for guidance when 

calculating the rate for non-selected 

respondents that are not examined 

individually in an administrative 

review. Section 735(c)(5)(A) of the Act 

states that the all-others rate should be 

calculated by averaging the weightedaverage dumping margins for 

individually-examined respondents, 

excluding rates that are zero, de 

minimis, or based entirely on facts 

available. Section 735(c)(5)(B) of the Act 

provides that where all rates are zero, de 

minimis, or based entirely on facts 

available, Commerce may use ‘‘any 

reasonable method’’ for assigning a rate 

to non-examined respondents. 

For these preliminary results, we have 

not calculated any individual rates or 

assigned a rate based on facts available. 

Therefore, consistent with our recent 

practice,4 we preliminary determine to 

assign to the non-individually examined 

separate rate respondents the most 

recently assigned separate rate in this 

proceeding, which is from the previous 

administrative review.5 Using this 

method, we are preliminarily assigning 

a separate rate margin of 1.78 percent to 

the four non-individually examined 

companies that demonstrated their 

eligibility for a separate rate. 

Commerce preliminarily determines 

that the following weighted-average 

dumping margins exist for the period 

April 1, 2016, through March 31, 2017: 

Exporter 

Weightedaverage 

dumping 

margin 

(percent) 

Guangdong New Shichu Import 

and Export Company Limited 1.78 

Jiangmen New Star Hi-Tech Enterprise Ltd .............................. 1.78 

KaiPing Dawn Plumbing Products, Inc ................................... 1.78 

Ningbo Afa Kitchen and Bath 

Co., Ltd ................................... 1.78 

Disclosure and Public Comment 

Normally, Commerce will disclose the 

calculations used in our analysis to 

parties in this review within five days 

of the date of publication of the notice 

of preliminary results in the Federal 

Register, in accordance with 19 CFR 

351.224(b). However, here, Commerce 

preliminary applied a separate rate 6 and 

the China-wide rate 7 that were 

established in prior segments of the 

proceeding. Thus, there are no 

calculations on this record to disclose. 

Interested parties may submit case 

briefs no later than 30 days after the 

date of publication of these preliminary 

results of review.8 Rebuttals to case 

briefs may be filed no later than five 

days after the written comments are 

filed, and all rebuttal comments must be 

limited to comments raised in the case 

briefs.9

Any interested party may request a 

hearing within 30 days of publication of 

this notice.10 Hearing requests should 

contain the following information: (1) 

The party’s name, address, and 

telephone number; (2) the number of 

participants; and (3) a list of the issues 

to be discussed. Oral presentations 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 to be held at the U.S. 

Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230.11

Unless otherwise extended, 

Commerce intends to issue the final 

results of this administrative review, 

which will include the results of its 

analysis of issues raised in the case 

briefs, within 120 days of publication of 

these preliminary results, pursuant to 

section 751(a)(3)(A) of the Act. 

Assessment Rates 

Upon issuance of the final results, 

Commerce will determine, and CBP 

shall assess, antidumping duties on all 

appropriate entries covered by this 

review.12 Commerce intends to issue 

appropriate assessment instructions to 

CBP 15 days after the publication of the 

final results of this review. For the 

companies receiving a separate rate, we 

intend to assign an assessment rate of 

1.78 percent, consistent with the 

methodology described above. For the 

final results, if we continue to treat the 

mandatory respondents 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 during the POR that were 

produced and/or exported by those 

companies. In addition, if we continue 

to find that B&R, Superte, Xinhe, and 

Zhuhai KOHLER, had no shipments of 

the subject merchandise, any suspended 


daltland on DSKBBV9HB2PROD with NOTICES
660 Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Notices 

13For a full discussion of this practice, see NME 

AD Assessment. 

1See Fine Denier Polyester Staple Fiber from the 

People’s Republic of China, India, the Republic of 

Korea, Taiwan, and the Socialist Republic of 

Vietnam: Initiation of Less-Than-Fair-Value 

Investigations, 82 FR 29023 (June 27, 2017) 

(Initiation Notice). 

2See Fine Denier Polyester Staple Fiber from the 

People’s Republic of China, India, the Republic of 

Korea, and Taiwan: Postponement of Preliminary 

Determinations in Less-Than-Fair-Value 

Investigations, 82 FR 49178 (October 24, 2017). 

3See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Determination in the Less-ThanFair Value Investigation of Fine Denier Polyester 

Staple Fiber from the Republic of Korea,’’ dated 

concurrently with, and hereby adopted by, this 

notice (Preliminary Decision Memorandum). 

4See Antidumping Duties; Countervailing Duties: 

Final Rule, 62 FR 27296, 27323 (May 19, 1997). 

5See Initiation Notice. 

entries of subject merchandise from 

these companies will be liquidated at 

the China-wide rate.13

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 (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 China and nonChina exporters that received a separate 

rate in a prior segment of this 

proceeding, the cash deposit rate will 

continue to be the existing exporterspecific 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 the China-wide entity, which is 

76.45 percent; and (4) for all non-China 

exporters of subject merchandise that 

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 

preliminary 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 review period. Failure to 

comply with this requirement could 

result in the Secretary’s presumption 

that reimbursement of antidumping 

and/or countervailing duties occurred 

and the subsequent assessment of 

double antidumping duties. 

We are issuing and publishing these 

preliminary results of review in 

accordance with sections 751(a)(l) and 

777(i)(l) of the Act and 19 CFR 351.213. 

Dated: December 29, 2017. 

Christian Marsh, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

Appendix 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. Discussion of Methodology 

A. Preliminary Determination of No 

Shipments 

B. Non-Market Economy Country Status 

C. Separate Rates Determination 

1. Absence of De Jure Control 

2. Absence of De Facto Control 

3. Companies Not Eligible for a Separate 

Rate 

4. Separate Rate for Eligible, Non-Selected 

Companies 

V. Recommendation 

[FR Doc. 2018–00016 Filed 1–4–18; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–580–893] 

Fine Denier Polyester Staple Fiber 

From the Republic of Korea: 

Preliminary Affirmative Determination 

of Sales at Less Than Fair Value, 

Postponement of Final Determination, 

and Extension of Provisional Measures 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(the Department) preliminarily 

determines that fine denier polyester 

staple fiber (fine denier PSF) from the 

Republic of Korea (Korea) are being, or 

is likely to be sold in the United States 

at less than fair value (LTFV). The 

period of investigation (POI) is April 1, 

2016, through March 31, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Karine Gziryan or Celeste Chen, AD/ 

CVD Operations, Office IV, Enforcement 

and Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–4081 or (202) 482–0890, 

respectively. 

DATES: Applicable January 5, 2018. 

SUPPLEMENTARY INFORMATION: 

Background 

This preliminary determination is 

made in accordance with section 733(b) 

of the Tariff Act of 1930, as amended 

(the Act). The Department published the 

notice of initiation of this investigation 

on June 27, 2017.1 On October 24, 2017, 

the Department postponed the 

preliminary determination of this 

investigation and the revised deadline is 

now December 18, 2017.2 For a 

complete description of the events that 

followed the initiation of this 

investigation, see the Preliminary 

Decision Memorandum.3 A list of topics 

included in the Preliminary Decision 

Memorandum is included as Appendix 

II to this notice. 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, and to all parties in the 

Central Records Unit, Room B8024 of 

the main Department of Commerce 

building. In addition, a complete 

version of the Preliminary Decision 

Memorandum can be found at http://

enforcement.trade.gov/frn/. The signed 

and electronic versions of the 

Preliminary Decision Memorandum are 

identical in content. 

Scope of the Investigation 

The product covered by this 

investigation is fine denier polyester 

staple fiber from Korea. For a complete 

description of the scope of this 

investigation, see Appendix I. 

Scope Comments 

In accordance with the preamble to 

the Department’s regulations,4 the 

Initiation Notice set aside a period of 

time for parties to raise issues regarding 

product coverage (i.e., scope).5 Certain 

interested parties commented on the 

scope of the investigation as it appeared 

in the Initiation Notice. For a summary 

of the product coverage comments and 

rebuttal responses submitted to the 

record for this preliminary 

determination, and accompanying 

discussion and analysis of all comments 


daltland on DSKBBV9HB2PROD with NOTICES