Drawn Stainless Steel Sinks From the People's Republic of China: Antidumping Duty Investigation, 60673-60675 [2012-24549]
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Federal Register / Vol. 77, No. 193 / Thursday, October 4, 2012 / Notices
emcdonald on DSK67QTVN1PROD with NOTICES
qualified corporations the privilege of
establishing foreign-trade zones in or
adjacent to U.S. Customs and Border
Protection ports of entry;
Whereas, the Board’s regulations (15
CFR part 400) provide for the
establishment of special-purpose
subzones when existing zone facilities
cannot serve the specific use involved,
and when the activity results in a
significant public benefit and is in the
public interest;
Whereas, the City of San Jose,
California, grantee of Foreign-Trade
Zone 18, has made application to the
Board for authority to establish a
special-purpose subzone at the electric
passenger vehicle manufacturing
facilities of Tesla Motors, Inc., located
in Palo Alto and Fremont, California
(FTZ Docket 3–2012, filed 1–10–2012);
Whereas, notice inviting public
comment has been given in the Federal
Register (77 FR 2269, 1–17–2012) and
the application has been processed
pursuant to the FTZ Act and the Board’s
regulations; and,
Whereas, the Board adopts the
findings and recommendations of the
examiner’s report, and finds that the
requirements of the FTZ Act and
Board’s regulations are satisfied, and
that the proposal is in the public
interest;
Now, therefore, the Board hereby
grants authority for subzone status for
activity related to the manufacturing of
electric passenger vehicles and related
powertrain components at the Tesla
Motors, Inc., facilities located in Palo
Alto and Fremont, California (Subzone
18G), as described in the application
and Federal Register notice, subject to
the FTZ Act and the Board’s regulations,
including Section 400.13.
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–983]
Drawn Stainless Steel Sinks From the
People’s Republic of China:
Antidumping Duty Investigation
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: October 4, 2012.
SUMMARY: The Department of Commerce
(‘‘Department’’) preliminarily
determines that drawn stainless steel
sinks (‘‘drawn sinks’’) from the People’s
Republic of China (‘‘PRC’’) are being, or
are likely to be, sold in the United States
at less than fair value (‘‘LTFV’’), as
provided in section 733 of the Tariff Act
of 1930, as amended (‘‘the Act’’). The
period of investigation (‘‘POI’’) is July 1,
2011, through December 31, 2011. The
estimated margins of sales at LTFV are
shown in the ‘‘Preliminary
Determination’’ section of this notice.
The final determination will be issued
135 days after publication of this
preliminary determination in the
Federal Register.
FOR FURTHER INFORMATION CONTACT:
Frances Veith or Eve Wang, AD/CVD
Operations, Office 8, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–4295 or (202) 482–
6231, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Scope of the Investigation
The products covered by the scope of
this investigation are drawn stainless
steel sinks with single or multiple
drawn bowls, with or without drain
boards, whether finished or unfinished,
Signed at Washington, DC, this 20th day of regardless of type of finish, gauge, or
grade of stainless steel. Mounting clips,
September 2012.
fasteners, seals, and sound-deadening
Paul Piquado,
pads are also covered by the scope of
Assistant Secretary for Import
Administration, Alternate Chairman, Foreign- these investigations if they are included
within the sales price of the drawn
Trade Zones Board.
stainless steel sinks.1 For purposes of
Attest: lllllllllllllllll this scope definition, the term ‘‘drawn’’
refers to a manufacturing process using
Andrew McGilvray,
metal forming technology to produce a
Executive Secretary.
smooth basin with seamless, smooth,
[FR Doc. 2012–24543 Filed 10–3–12; 8:45 am]
and rounded corners. Drawn stainless
BILLING CODE 3510–DS–P
steel sinks are available in various
shapes and configurations and may be
1 Mounting clips, fasteners, seals, and sounddeadening pads are not covered by the scope of
these investigations if they are not included within
the sales price of the drawn stainless steel sinks,
regardless of whether they are shipped with or
entered with drawn stainless steel sinks.
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15:21 Oct 03, 2012
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60673
described in a number of ways
including flush mount, top mount, or
undermount (to indicate the attachment
relative to the countertop). Stainless
steel sinks with multiple drawn bowls
that are joined through a welding
operation to form one unit are covered
by the scope of the investigations.
Drawn stainless steel sinks are covered
by the scope of the investigations
whether or not they are sold in
conjunction with non-subject
accessories such as faucets (whether
attached or unattached), strainers,
strainer sets, rinsing baskets, bottom
grids, or other accessories.
Excluded from the scope of the
investigations are stainless steel sinks
with fabricated bowls. Fabricated bowls
do not have seamless corners, but rather
are made by notching and bending the
stainless steel, and then welding and
finishing the vertical corners to form the
bowls. Stainless steel sinks with
fabricated bowls may sometimes be
referred to as ‘‘zero radius’’ or ‘‘near
zero radius’’ sinks.
The products covered by these
investigations are currently classified in
the Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) under
statistical reporting number
7324.10.0000 and 7324.10.00.10.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope is dispositive.
Methodology
The Department has conducted this
investigation in accordance with section
731 of the Act. Export prices have been
calculated in accordance with section
772 of the Act. Because the PRC is a
nonmarket economy within the meaning
of section 771(18) of the Act, normal
value (‘‘NV’’) has been calculated in
accordance with section 773(c).
Specifically, the Department
preliminarily selected Thailand as the
surrogate country, which is
economically comparable to the PRC
and is a significant producer of
comparable merchandise. Thus, we
calculated NV using Thai prices, when
available, to value the respondents’
factors of production (‘‘FOPs’’).
For a full description of the
methodology underlying our
conclusions, please see ‘‘Decision
Memorandum for Preliminary
Determination for the Antidumping
Duty Investigation of Drawn Stainless
Steel Sinks from the People’s Republic
of China,’’ (‘‘Preliminary Decision
Memorandum’’) from Christian Marsh,
Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations to Paul Piquado, Assistant
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04OCN1
60674
Federal Register / Vol. 77, No. 193 / Thursday, October 4, 2012 / Notices
Secretary for Import Administration,
dated concurrently with this
determination and hereby adopted by
this notice. The Preliminary Decision
Memorandum is a public document and
is made available to the public via
Import Administration’s Antidumping
and Countervailing Duty Centralized
Electronic Service System (‘‘IA
ACCESS’’). IA ACCESS is available to
registered users at https://iaaccess.
trade.gov and in the Department’s
Central Records Unit, located at room
7046 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be found on
the Internet at https://www.trade.gov/
ia/. The signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Preliminary Determination
The preliminary weighted-average
antidumping duty (‘‘AD’’) margin
percentages are as follows:
Percent
margin
Exporter
Producer
Zhongshan Superte Kitchenware Co., Ltd./Zhongshan Superte
Kitchenware Co., Ltd. invoiced as Foshan Zhaoshun Trade
Co., Ltd.
Guangdong Dongyuan Kitchenware Industrial Co., Ltd .............
B&R Industries Limited ...............................................................
Zhongshan Superte Kitchenware Co., Ltd ................................
63.87
Guangdong Dongyuan Kitchenware Industrial Co., Ltd ............
Xinhe Stainless Steel Products Co., Ltd and Jiamen XHHL
Stainless Steel Manufacturing Co., Ltd.
Elkay (China) Kitchen Solutions, Co., Ltd .................................
Jiangmen Liantai Kitchen Equipment Co.; Jiangmen Xinhe
Stainless Steel Product Co., Ltd.
Foshan Shunde MingHao Kitchen Utensils Co., Ltd .................
Guangdong YingAo Kitchen Utensils Co., Ltd.; Franke (China)
Kitchen System Co., Ltd.
Zhongshan Xintian Hardware Co., Ltd ......................................
Jiangmen Jin Ke Ying Stainless Steel Wares Co., Ltd .............
Guangdong Yingao Kitchen Utensils Co. Ltd ............................
Hangzhou Heng’s Industries Co., Ltd ........................................
Zhongshan Superte Kitchenware Co., Ltd ................................
Xinhe Stainless Steel Products Co., Ltd ...................................
Jiangmen New Star Hi-Tech Enterprise Ltd ..............................
Jiangmen Ouert Kitchen Appliance Manufacturing Co., Ltd.;
Jiangmen XHHL Stainless Steel Manufacturing Co., Ltd.
Jiangxi Offidun Industry Co. Ltd ................................................
Ningbo Oulin Kitchen Utensils Co., Ltd .....................................
Primy Cooperation Limited ........................................................
Bonke Kitchen & Sanitary Industrial Co., Ltd ............................
54.25
59.06
59.06
59.06
59.06
59.06
Zhongshan Xintian Hardware Co., Ltd ......................................
Zhuhai Kohler Kitchen & Bathroom Products Co., Ltd ..............
....................................................................................................
59.06
59.06
76.53
Elkay (China) Kitchen Solutions, Co., Ltd ..................................
Feidong Import and Export Co., Ltd ...........................................
Foshan Shunde MingHao Kitchen Utensils Co., Ltd ..................
Franke Asia Sourcing Ltd ...........................................................
Grand Hill Work Company ..........................................................
Guangdong G-Top Import and Export Co., Ltd ..........................
Guangdong Yingao Kitchen Utensils Co., Ltd ............................
Hangzhou Heng’s Industries Co., Ltd .........................................
J&C Industries Enterprise Limited ..............................................
Jiangmen Hongmao Trading Co., Ltd ........................................
Jiangmen New Star Hi-Tech Enterprise Ltd ...............................
Jiangmen Pioneer Import & Export Co., Ltd ..............................
Jiangxi Zoje Kitchen & Bath Industry Co., Ltd ...........................
Ningbo Oulin Kitchen Utensils Co., Ltd ......................................
Primy Cooperation Limited .........................................................
Shunde Foodstuffs Import & Export Company Limited of
Guangdong.
Zhongshan Newecan Enterprise Development Corporation ......
Zhuhai Kohler Kitchen & Bathroom Products Co., Ltd ...............
PRC-Wide Rate * ........................................................................
59.06
59.06
59.06
59.06
59.06
59.06
59.06
59.06
59.06
59.06
59.06
59.06
* This rate also applies to Jiangmen Liantai Kitchen Equipment Co., Jiangmen Xinhe Stainless Steel Product Co., Ltd., Kele Kitchenware Co.,
Ltd., Capstone International Development Corporation, and Foshan Fancome Trading Co., Ltd.
emcdonald on DSK67QTVN1PROD with NOTICES
Disclosure and Public Comment
We will disclose the calculations
performed to parties in this proceeding
within five days of the date of
publication of this notice in accordance
with 19 CFR 351.224(b). Case briefs or
other written comments may be
submitted to the Assistant Secretary for
Import Administration no later than
seven days after the date on which the
final verification report is issued in this
proceeding and rebuttal briefs, limited
to issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.2 A
table of contents, list of authorities used
and an executive summary of issues
should accompany any briefs submitted
to the Department. This summary
should be limited to five pages total,
including footnotes.
Interested parties, who wish to
request a hearing, or to participate if one
2 See
19 CFR 351.309.
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15:21 Oct 03, 2012
is requested, must submit a written
request to the Assistant Secretary for
Import Administration, U.S. Department
of Commerce, filed electronically using
Import Administration’s Antidumping
and Countervailing Duty Centralized
Electronic Service System (‘‘IA
ACCESS’’). An electronically filed
document must be received successfully
in its entirety by the Department’s
electronic records system, IA ACCESS,
by 5:00 p.m. Eastern Standard Time,
within 30 days after the date of
publication of this notice.3 Requests
should contain the party’s name,
address, and telephone number, the
number of participants, and a list of the
issues to be discussed. If a request for
a hearing is made, the Department
intends to hold the hearing at the U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230, at a time and
3 See
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PO 00000
19 CFR 351.310(c).
Frm 00004
Fmt 4703
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location to be determined. Parties
should confirm by telephone the date,
time, and location of the hearing two
days before the scheduled date.
For the final determination in this
investigation interested parties may
submit publicly available information to
value the FOPs within 40 days after the
publication of this preliminary
determination.4
4 See 19 CFR 351.301(c)(3)(i). In accordance with
19 CFR 351.301(c)(1), for the final determination of
this investigation, interested parties may submit
factual information to rebut, clarify, or correct
factual information submitted by any other
interested party less than ten days before, on, or
after, the applicable deadline for submission of
such factual information. However, the Department
notes that 19 CFR 351.301(c)(1) permits new
information only insofar as it rebuts, clarifies, or
corrects information recently placed on the record.
The Department generally will not accept the
submission of additional, previously absent-fromthe-record alternative surrogate value information.
See Glycine from the People’s Republic of China:
Final Results of Antidumping Duty Administrative
Review and Final Rescission, in Part, 72 FR 58809
(October 17, 2007), and accompanying Issues and
E:\FR\FM\04OCN1.SGM
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Federal Register / Vol. 77, No. 193 / Thursday, October 4, 2012 / Notices
Pursuant to requests from interested
parties, we are postponing the final
determination and extending the
provisional measures from a four-month
period to not more than six months.
Accordingly, we will make our final
determination no later than 135 days
after the date of publication of this
preliminary determination, pursuant to
section 735(a)(2) of the Act.
Suspension of Liquidation
emcdonald on DSK67QTVN1PROD with NOTICES
In accordance with section 733(d) of
the Act, the Department will instruct
U.S. Customs and Border Protection
(‘‘CBP’’) to suspend liquidation of all
entries of drawn sinks from the PRC, as
described in the ‘‘Scope of the
Investigation’’ section, entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of this notice in the Federal
Register.
Pursuant to 19 CFR 351.205(d), the
Department will instruct CBP to require
a cash deposit equal to the weightedaverage amount by which NV exceeds
U.S. price, adjusted where appropriate
for export subsidies and estimated
domestic subsidy pass-through,5 as
follows: (1) The separate rate margin for
the exporter/producer combinations
listed in the table above will be the rate
the Department has determined in this
preliminary determination; (2) for all
combinations of PRC exporters/
producers of merchandise under
consideration which have not received
their own separate rate AD margin
above, the cash-deposit rate will be the
cash deposit rate established for the
PRC-wide entity; and (3) for all non-PRC
exporters of merchandise under
consideration which have not received
their own separate rate above, the cashdeposit rate will be the cash deposit rate
applicable to the PRC exporter/producer
combination that supplied that non-PRC
exporter.
We have adjusted the preliminary
determination AD margins for export
Decision Memorandum at Comment 2.
Additionally, for each piece of factual information
submitted with surrogate value rebuttal comments,
the interested party must provide a written
explanation of what information that is already on
the record of the ongoing proceeding the factual
information is rebutting, clarifying, or correcting.
5 See sections 772(c)(1)(C) and 777A(f) of the Act,
respectively. Unlike in administrative reviews, the
Department calculates the adjustment for export
subsidies in investigations not in the margin
calculation program, but in the cash deposit
instructions issued to the CBP. See Notice of Final
Determination of Sales at Less Than Fair Value,
and Negative Determination of Critical
Circumstances: Certain Lined Paper Products from
India, 71 FR 45012 (August 8, 2006), and
accompanying Issues and Decision Memorandum at
Comment 1.
VerDate Mar<15>2010
15:21 Oct 03, 2012
Jkt 229001
subsidies and estimated domestic
subsidy pass-through as follows: 6
(1) For Superte and Dongyuan,
mandatory respondents each receiving
their own calculated AD margin, we
reduced their respective cash deposit
rates by the respective export subsidies
and estimated domestic subsidy passthrough determined for each of these
respondents in the companion
countervailing duty (‘‘CVD’’)
proceeding.7
(2) For exporter/producer
combinations receiving a separate AD
margin based on the rates calculated for
the mandatory respondents in the AD
determination, we reduced the AD cash
deposit rate by the lesser of a) the export
subsidy rate applicable to each exporter
or b) the average of the export subsidy
rates applicable to the mandatory
respondents on which the separate rate
in the AD determination is based.8
Additionally, pursuant to section
777A(f) of the Act, we further reduced
the AD cash deposit rate by the
estimated domestic subsidy passthrough contained in the AD separate
rate margin, capped by the
corresponding domestic subsidy
determined for the exporter in the
companion CVD proceeding.
(3) For the PRC-wide entity, which
received an adverse facts available rate
based on information contained in the
Petition, as an extension of the adverse
inference found necessary pursuant to
section 776(b) of the Act, the
Department has adjusted the PRC-wide
entity’s AD cash deposit rate by the
lowest export subsidy rate and the
lowest estimated domestic subsidy passthrough determined for any party in the
companion CVD proceeding.
These cash deposit instructions will
remain in effect until further notice.
International Trade Commission
(‘‘ITC’’) Notification
In accordance with section 733(f) of
the Act, we have notified the ITC of our
preliminary affirmative determination of
sales at LTFV. Section 735(b)(2) of the
Act requires the ITC to make its final
determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
6 See
Preliminary Decision Memorandum.
Id.
8 See Certain Steel Wheels From the People’s
Republic of China: Notice of Final Determination of
Sales at Less Than Fair Value and Partial
Affirmative Final Determination of Critical
Circumstances, 77 FR 17021, 17026 (March 23,
2012); Modification of Regulations Regarding the
Practice of Accepting Bonds During the Provisional
Measures Period in Antidumping and
Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011). See also Preliminary Decision
Memorandum.
7 See
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60675
material injury, by reason of imports of
drawn sinks, or sales (or the likelihood
of sales) for importation, of the
merchandise under consideration
within 45 days of our final
determination.
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act.
Dated: September 27, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
List of Topics Discussed in the
Preliminary Decision Memorandum
1. Initiation
2. Period of Investigation
3. Postponement of Preliminary
Determination
4. Scope of the Investigation
5. Scope Comments
6. Non-Market Economy Country Status
7. Selection of Respondents
8. Postponement of Final Determination and
Extension of Provisional Measures
9. Surrogate Country
10. Surrogate Value Comments
11. Separate Rates
a. Separate Rate Recipients
b. Companies Not Receiving a Separate
Rate
12. Margin for the Separate Rate Companies
13. Combination Rates
14. The PRC-Wide Entity
15. Application of Facts Otherwise Available
and Adverse Facts Available
16. Corroboration of Information
17. Date of Sale
18. Fair Value Comparisons
19. Export Price
20. Normal Value
21. Factor Valuations Methodology
22. Determination To Apply an Alternative
Methodology
23. Currency Conversion
24. Verification
25. Double Remedies Offset
26. International Trade Commission
Notification
27. Conclusion
[FR Doc. 2012–24549 Filed 10–3–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–801]
Certain Frozen Fish Fillets From the
Socialist Republic of Vietnam:
Initiation of Antidumping Duty New
Shipper Review
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: October 4, 2012.
SUMMARY: The Department of Commerce
(‘‘the Department’’) has received a
AGENCY:
E:\FR\FM\04OCN1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 193 (Thursday, October 4, 2012)]
[Notices]
[Pages 60673-60675]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24549]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-983]
Drawn Stainless Steel Sinks From the People's Republic of China:
Antidumping Duty Investigation
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: October 4, 2012.
SUMMARY: The Department of Commerce (``Department'') preliminarily
determines that drawn stainless steel sinks (``drawn sinks'') from the
People's Republic of China (``PRC'') are being, or are likely to be,
sold in the United States at less than fair value (``LTFV''), as
provided in section 733 of the Tariff Act of 1930, as amended (``the
Act''). The period of investigation (``POI'') is July 1, 2011, through
December 31, 2011. The estimated margins of sales at LTFV are shown in
the ``Preliminary Determination'' section of this notice. The final
determination will be issued 135 days after publication of this
preliminary determination in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Frances Veith or Eve Wang, AD/CVD
Operations, Office 8, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4295 or (202) 482-6231, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The products covered by the scope of this investigation are drawn
stainless steel 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 stainless steel. Mounting clips,
fasteners, seals, and sound-deadening pads are also covered by the
scope of these investigations if they are included within the sales
price of the drawn stainless steel sinks.\1\ For purposes of this scope
definition, the term ``drawn'' refers to a manufacturing process using
metal forming technology to produce a smooth basin with seamless,
smooth, and rounded corners. Drawn stainless steel sinks are available
in various shapes and configurations and may be described in a number
of ways including flush mount, top mount, or undermount (to indicate
the attachment relative to the countertop). Stainless steel sinks with
multiple drawn bowls that are joined through a welding operation to
form one unit are covered by the scope of the investigations. Drawn
stainless steel sinks are covered by the scope of the investigations
whether or not they are sold in conjunction with non-subject
accessories such as faucets (whether attached or unattached),
strainers, strainer sets, rinsing baskets, bottom grids, or other
accessories.
---------------------------------------------------------------------------
\1\ Mounting clips, fasteners, seals, and sound-deadening pads
are not covered by the scope of these investigations if they are not
included within the sales price of the drawn stainless steel sinks,
regardless of whether they are shipped with or entered with drawn
stainless steel sinks.
---------------------------------------------------------------------------
Excluded from the scope of the investigations are stainless steel
sinks with fabricated bowls. Fabricated bowls do not have seamless
corners, but rather are made by notching and bending the stainless
steel, and then welding and finishing the vertical corners to form the
bowls. Stainless steel sinks with fabricated bowls may sometimes be
referred to as ``zero radius'' or ``near zero radius'' sinks.
The products covered by these investigations are currently
classified in the Harmonized Tariff Schedule of the United States
(``HTSUS'') under statistical reporting number 7324.10.0000 and
7324.10.00.10. Although the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the scope
is dispositive.
Methodology
The Department has conducted this investigation in accordance with
section 731 of the Act. Export prices have been calculated in
accordance with section 772 of the Act. Because the PRC is a nonmarket
economy within the meaning of section 771(18) of the Act, normal value
(``NV'') has been calculated in accordance with section 773(c).
Specifically, the Department preliminarily selected Thailand as the
surrogate country, which is economically comparable to the PRC and is a
significant producer of comparable merchandise. Thus, we calculated NV
using Thai prices, when available, to value the respondents' factors of
production (``FOPs'').
For a full description of the methodology underlying our
conclusions, please see ``Decision Memorandum for Preliminary
Determination for the Antidumping Duty Investigation of Drawn Stainless
Steel Sinks from the People's Republic of China,'' (``Preliminary
Decision Memorandum'') from Christian Marsh, Deputy Assistant Secretary
for Antidumping and Countervailing Duty Operations to Paul Piquado,
Assistant
[[Page 60674]]
Secretary for Import Administration, dated concurrently with this
determination and hereby adopted by this notice. The Preliminary
Decision Memorandum is a public document and is made available to the
public via Import Administration's Antidumping and Countervailing Duty
Centralized Electronic Service System (``IA ACCESS''). IA ACCESS is
available to registered users at https://iaaccess.trade.gov and in the
Department's Central Records Unit, located at room 7046 of the main
Department of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be found on the Internet at https://www.trade.gov/ia/ ia/. The signed Preliminary Decision Memorandum and the
electronic versions of the Preliminary Decision Memorandum are
identical in content.
Preliminary Determination
The preliminary weighted-average antidumping duty (``AD'') margin
percentages are as follows:
------------------------------------------------------------------------
Percent
Exporter Producer margin
------------------------------------------------------------------------
Zhongshan Superte Kitchenware Zhongshan Superte 63.87
Co., Ltd./Zhongshan Superte Kitchenware Co., Ltd.
Kitchenware Co., Ltd. invoiced
as Foshan Zhaoshun Trade Co.,
Ltd.
Guangdong Dongyuan Kitchenware Guangdong Dongyuan 54.25
Industrial Co., Ltd. Kitchenware Industrial
Co., Ltd.
B&R Industries Limited......... Xinhe Stainless Steel 59.06
Products Co., Ltd and
Jiamen XHHL Stainless
Steel Manufacturing
Co., Ltd.
Elkay (China) Kitchen Elkay (China) Kitchen 59.06
Solutions, Co., Ltd. Solutions, Co., Ltd.
Feidong Import and Export Co., Jiangmen Liantai 59.06
Ltd. Kitchen Equipment Co.;
Jiangmen Xinhe
Stainless Steel
Product Co., Ltd.
Foshan Shunde MingHao Kitchen Foshan Shunde MingHao 59.06
Utensils Co., Ltd. Kitchen Utensils Co.,
Ltd.
Franke Asia Sourcing Ltd....... Guangdong YingAo 59.06
Kitchen Utensils Co.,
Ltd.; Franke (China)
Kitchen System Co.,
Ltd.
Grand Hill Work Company........ Zhongshan Xintian 59.06
Hardware Co., Ltd.
Guangdong G-Top Import and Jiangmen Jin Ke Ying 59.06
Export Co., Ltd. Stainless Steel Wares
Co., Ltd.
Guangdong Yingao Kitchen Guangdong Yingao 59.06
Utensils Co., Ltd. Kitchen Utensils Co.
Ltd.
Hangzhou Heng's Industries Co., Hangzhou Heng's 59.06
Ltd. Industries Co., Ltd.
J&C Industries Enterprise Zhongshan Superte 59.06
Limited. Kitchenware Co., Ltd.
Jiangmen Hongmao Trading Co., Xinhe Stainless Steel 59.06
Ltd. Products Co., Ltd.
Jiangmen New Star Hi-Tech Jiangmen New Star Hi- 59.06
Enterprise Ltd. Tech Enterprise Ltd.
Jiangmen Pioneer Import & Jiangmen Ouert Kitchen 59.06
Export Co., Ltd. Appliance
Manufacturing Co.,
Ltd.; Jiangmen XHHL
Stainless Steel Man u
facturing Co., Ltd.
Jiangxi Zoje Kitchen & Bath Jiangxi Offidun 59.06
Industry Co., Ltd. Industry Co. Ltd.
Ningbo Oulin Kitchen Utensils Ningbo Oulin Kitchen 59.06
Co., Ltd. Utensils Co., Ltd.
Primy Cooperation Limited...... Primy Cooperation 59.06
Limited.
Shunde Foodstuffs Import & Bonke Kitchen & 59.06
Export Company Limited of Sanitary Industrial
Guangdong. Co., Ltd.
Zhongshan Newecan Enterprise Zhongshan Xintian 59.06
Development Corporation. Hardware Co., Ltd.
Zhuhai Kohler Kitchen & Zhuhai Kohler Kitchen & 59.06
Bathroom Products Co., Ltd. Bathroom Products Co.,
Ltd.
PRC-Wide Rate *................ ....................... 76.53
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* This rate also applies to Jiangmen Liantai Kitchen Equipment Co.,
Jiangmen Xinhe Stainless Steel Product Co., Ltd., Kele Kitchenware
Co., Ltd., Capstone International Development Corporation, and Foshan
Fancome Trading Co., Ltd.
Disclosure and Public Comment
We will disclose the calculations performed to parties in this
proceeding within five days of the date of publication of this notice
in accordance with 19 CFR 351.224(b). Case briefs or other written
comments may be submitted to the Assistant Secretary for Import
Administration no later than seven days after the date on which the
final verification report is issued in this proceeding and rebuttal
briefs, limited to issues raised in case briefs, may be submitted no
later than five days after the deadline date for case briefs.\2\ A
table of contents, list of authorities used and an executive summary of
issues should accompany any briefs submitted to the Department. This
summary should be limited to five pages total, including footnotes.
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\2\ See 19 CFR 351.309.
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Interested parties, who wish to request a hearing, or to
participate if one is requested, must submit a written request to the
Assistant Secretary for Import Administration, U.S. Department of
Commerce, filed electronically using Import Administration's
Antidumping and Countervailing Duty Centralized Electronic Service
System (``IA ACCESS''). An electronically filed document must be
received successfully in its entirety by the Department's electronic
records system, IA ACCESS, by 5:00 p.m. Eastern Standard Time, within
30 days after the date of publication of this notice.\3\ Requests
should contain the party's name, address, and telephone number, the
number of participants, and a list of the issues to be discussed. If a
request for a hearing is made, the Department intends to hold the
hearing at the U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230, at a time and location
to be determined. Parties should confirm by telephone the date, time,
and location of the hearing two days before the scheduled date.
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\3\ See 19 CFR 351.310(c).
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For the final determination in this investigation interested
parties may submit publicly available information to value the FOPs
within 40 days after the publication of this preliminary
determination.\4\
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\4\ See 19 CFR 351.301(c)(3)(i). In accordance with 19 CFR
351.301(c)(1), for the final determination of this investigation,
interested parties may submit factual information to rebut, clarify,
or correct factual information submitted by any other interested
party less than ten days before, on, or after, the applicable
deadline for submission of such factual information. However, the
Department notes that 19 CFR 351.301(c)(1) permits new information
only insofar as it rebuts, clarifies, or corrects information
recently placed on the record. The Department generally will not
accept the submission of additional, previously absent-from-the-
record alternative surrogate value information. See Glycine from the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review and Final Rescission, in Part, 72 FR 58809
(October 17, 2007), and accompanying Issues and Decision Memorandum
at Comment 2. Additionally, for each piece of factual information
submitted with surrogate value rebuttal comments, the interested
party must provide a written explanation of what information that is
already on the record of the ongoing proceeding the factual
information is rebutting, clarifying, or correcting.
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[[Page 60675]]
Pursuant to requests from interested parties, we are postponing the
final determination and extending the provisional measures from a four-
month period to not more than six months. Accordingly, we will make our
final determination no later than 135 days after the date of
publication of this preliminary determination, pursuant to section
735(a)(2) of the Act.
Suspension of Liquidation
In accordance with section 733(d) of the Act, the Department will
instruct U.S. Customs and Border Protection (``CBP'') to suspend
liquidation of all entries of drawn sinks from the PRC, as described in
the ``Scope of the Investigation'' section, entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register.
Pursuant to 19 CFR 351.205(d), the Department will instruct CBP to
require a cash deposit equal to the weighted-average amount by which NV
exceeds U.S. price, adjusted where appropriate for export subsidies and
estimated domestic subsidy pass-through,\5\ as follows: (1) The
separate rate margin for the exporter/producer combinations listed in
the table above will be the rate the Department has determined in this
preliminary determination; (2) for all combinations of PRC exporters/
producers of merchandise under consideration which have not received
their own separate rate AD margin above, the cash-deposit rate will be
the cash deposit rate established for the PRC-wide entity; and (3) for
all non-PRC exporters of merchandise under consideration which have not
received their own separate rate above, the cash-deposit rate will be
the cash deposit rate applicable to the PRC exporter/producer
combination that supplied that non-PRC exporter.
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\5\ See sections 772(c)(1)(C) and 777A(f) of the Act,
respectively. Unlike in administrative reviews, the Department
calculates the adjustment for export subsidies in investigations not
in the margin calculation program, but in the cash deposit
instructions issued to the CBP. See Notice of Final Determination of
Sales at Less Than Fair Value, and Negative Determination of
Critical Circumstances: Certain Lined Paper Products from India, 71
FR 45012 (August 8, 2006), and accompanying Issues and Decision
Memorandum at Comment 1.
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We have adjusted the preliminary determination AD margins for
export subsidies and estimated domestic subsidy pass-through as
follows: \6\
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\6\ See Preliminary Decision Memorandum.
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(1) For Superte and Dongyuan, mandatory respondents each receiving
their own calculated AD margin, we reduced their respective cash
deposit rates by the respective export subsidies and estimated domestic
subsidy pass-through determined for each of these respondents in the
companion countervailing duty (``CVD'') proceeding.\7\
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\7\ See Id.
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(2) For exporter/producer combinations receiving a separate AD
margin based on the rates calculated for the mandatory respondents in
the AD determination, we reduced the AD cash deposit rate by the lesser
of a) the export subsidy rate applicable to each exporter or b) the
average of the export subsidy rates applicable to the mandatory
respondents on which the separate rate in the AD determination is
based.\8\ Additionally, pursuant to section 777A(f) of the Act, we
further reduced the AD cash deposit rate by the estimated domestic
subsidy pass-through contained in the AD separate rate margin, capped
by the corresponding domestic subsidy determined for the exporter in
the companion CVD proceeding.
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\8\ See Certain Steel Wheels From the People's Republic of
China: Notice of Final Determination of Sales at Less Than Fair
Value and Partial Affirmative Final Determination of Critical
Circumstances, 77 FR 17021, 17026 (March 23, 2012); Modification of
Regulations Regarding the Practice of Accepting Bonds During the
Provisional Measures Period in Antidumping and Countervailing Duty
Investigations, 76 FR 61042 (October 3, 2011). See also Preliminary
Decision Memorandum.
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(3) For the PRC-wide entity, which received an adverse facts
available rate based on information contained in the Petition, as an
extension of the adverse inference found necessary pursuant to section
776(b) of the Act, the Department has adjusted the PRC-wide entity's AD
cash deposit rate by the lowest export subsidy rate and the lowest
estimated domestic subsidy pass-through determined for any party in the
companion CVD proceeding.
These cash deposit instructions will remain in effect until further
notice.
International Trade Commission (``ITC'') Notification
In accordance with section 733(f) of the Act, we have notified the
ITC of our preliminary affirmative determination of sales at LTFV.
Section 735(b)(2) of the Act requires the ITC to make its final
determination as to whether the domestic industry in the United States
is materially injured, or threatened with material injury, by reason of
imports of drawn sinks, or sales (or the likelihood of sales) for
importation, of the merchandise under consideration within 45 days of
our final determination.
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act.
Dated: September 27, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
List of Topics Discussed in the Preliminary Decision Memorandum
1. Initiation
2. Period of Investigation
3. Postponement of Preliminary Determination
4. Scope of the Investigation
5. Scope Comments
6. Non-Market Economy Country Status
7. Selection of Respondents
8. Postponement of Final Determination and Extension of Provisional
Measures
9. Surrogate Country
10. Surrogate Value Comments
11. Separate Rates
a. Separate Rate Recipients
b. Companies Not Receiving a Separate Rate
12. Margin for the Separate Rate Companies
13. Combination Rates
14. The PRC-Wide Entity
15. Application of Facts Otherwise Available and Adverse Facts
Available
16. Corroboration of Information
17. Date of Sale
18. Fair Value Comparisons
19. Export Price
20. Normal Value
21. Factor Valuations Methodology
22. Determination To Apply an Alternative Methodology
23. Currency Conversion
24. Verification
25. Double Remedies Offset
26. International Trade Commission Notification
27. Conclusion
[FR Doc. 2012-24549 Filed 10-3-12; 8:45 am]
BILLING CODE 3510-DS-P
