[Federal Register Volume 83, Number 4 (Friday, January 5, 2018)]
[Notices]
[Pages 658-660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00016]


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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 China-wide 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 Hi-Tech 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\
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    \1\ For 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).
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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.
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    \2\ See 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.
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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

[[Page 659]]

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.
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    \3\ 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 (November 4, 2013).
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    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 weighted-
average 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.
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    \4\ 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).
    \5\ 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) (Sinks AR3 Final).
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    Commerce preliminarily determines that the following weighted-
average dumping margins exist for the period April 1, 2016, through 
March 31, 2017:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              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
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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.
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    \6\ See Sinks AR3 Final.
    \7\ See Drawn Stainless Steel Sinks from the People's Republic 
of China: Investigation, Final Determination, 78 FR 13019 (February 
26, 2013).
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    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\
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    \8\ See 19 CFR 351.309(c).
    \9\ See 19 CFR 351.309(d).
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    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\
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    \10\ See 19 CFR 351.310(c).
    \11\ See 19 CFR 351.310(d).
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    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

[[Page 660]]

entries of subject merchandise from these companies will be liquidated 
at the China-wide rate.\13\
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    \12\ See 19 CFR 351.212(b)(1).
    \13\ For a full discussion of this practice, see NME AD 
Assessment.
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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 (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 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 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