Drawn Stainless Steel Sinks From the People's Republic of China: Final Affirmative Countervailing Duty Determination, 13017-13019 [2013-04280]

Download as PDF Federal Register / Vol. 78, No. 38 / Tuesday, February 26, 2013 / Notices 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/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 issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: February 19, 2013. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2013–04416 Filed 2–25–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–984] Drawn Stainless Steel Sinks From the People’s Republic of China: Final Affirmative Countervailing Duty Determination Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘the Department’’) determines that countervailable subsidies are being provided to producers and exporters of drawn stainless steel sinks (‘‘SS sinks’’) from the People’s Republic of China (‘‘PRC’’). For information on the estimated subsidy rates, see the ‘‘Suspension of Liquidation’’ section of this notice. DATES: Effective Date: February 26, 2013. AGENCY: FOR FURTHER INFORMATION CONTACT: Shane Subler or Austin Redington, AD/ CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0189 or (202) 482– 1664, respectively. tkelley on DSK3SPTVN1PROD with NOTICES Petitioner The petitioner in this investigation is Elkay Manufacturing Company (‘‘Petitioner’’). Period of Investigation The period for which we are measuring subsidies, or period of investigation, is January 1, 2011, through December 31, 2011. VerDate Mar<15>2010 16:35 Feb 25, 2013 Jkt 229001 Case History The following events have occurred since the Preliminary Determination.1 On August 7, 2012, the Department initiated its investigation of new subsidy allegations.2 Questionnaires regarding these subsidies were sent to the Government of the People’s Republic of China (‘‘GOC’’), Guangdong Yingao Kitchen Utensils Co., Ltd. and Foshan Magang Kitchen Utensils Co., Ltd. (collectively, ‘‘Yingao’’), and Zhongshan Superte Kitchenware Co., Ltd. and Foshan Zhaoshun Trade Co., Ltd. (collectively, ‘‘Superte’’), and we received responses between August 22 and October 23, 2012. On September 20, 2012, the Department published a notice aligning the deadline for this final countervailing duty (‘‘CVD’’) determination with the deadline for the final determination in the antidumping duty (‘‘AD’’) investigation.3 We conducted verification of Yingao’s, Superte’s and the GOC’s questionnaire responses from November 5, to November 16, 2012, and subsequently issued verification reports. On January 8, 2013, the Department issued post-preliminary analyses for Yingao and Superte on January 8, 2013.4 The GOC, Yingao, Superte, and Petitioner submitted case briefs on January 17, 2013, and rebuttal briefs on January 25, 2013. Scope Comments In accordance with the preamble to the Department’s regulations,5 in the Initiation Notice,6 we set aside a period of time for parties to raise issues 1 See Drawn Stainless Steel Sinks from the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination, 77 FR 46717 (August 6, 2012) (‘‘Preliminary Determination’’). 2 See Memorandum from Jennifer Meek to Susan Kuhbach, ‘‘Drawn Stainless Steel Sinks from the People’s Republic of China Countervailing Duty Investigation: Initiation of New Subsidy Allegation,’’ dated August 7, 2012. 3 See Drawn Stainless Steel Sinks From the People’s Republic of China: Countervailing Duty Investigation, 77 FR 58355 (September 20, 2012). 4 See Memoranda from Susan Kuhbach through Christian Marsh to Paul Piquado, ‘‘Countervailing Duty Investigation of Drawn Stainless Steel Sinks from the People’s Republic of China: PostPreliminary Analysis Memorandum for Zhongshan Superte Kitchenware Co., Ltd (‘‘Superte’’) and Foshan Zhaoshun Trade Co., Ltd. (‘‘Zhaoshun’’),’’ and ‘‘Countervailing Duty Investigation of Drawn Stainless Steel Sinks from the People’s Republic of China: Post-Preliminary Analysis Memorandum for Guangdong Yingao Kitchen Utensils Co., Ltd. (‘‘Yingao’’) and Foshan Magang Kitchen Utensils Co., Ltd. (‘‘Magang’’),’’ dated January 8, 2013. 5 See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997). 6 See Drawn Stainless Steel Sinks From the People’s Republic of China: Initiation of Countervailing Duty Investigation, 77 FR 18211 (March 27, 2012) (‘‘Initiation Notice’’). PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 13017 regarding product coverage, and encouraged all parties to submit comments within 20 calendar days of publication of the Initiation Notice. As described in the Preliminary Determination, we received scope comments from Blanco America, Inc. (‘‘Blanco’’), an importer of subject merchandise, on April 10, 2012. Blanco’s scope comments were addressed in the preliminary determination of the corresponding AD investigation to this case.7 As stated in the AD Preliminary Determination, we have determined not to change the scope language as presented below and in the Initiation Notice. Scope of the Investigation The products covered by the scope of this investigation are SS 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 this investigation if they are included within the sales price of the SS sinks.8 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. SS 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). SS sinks with multiple drawn bowls that are joined through a welding operation to form one unit are covered by the scope of the investigation. SS sinks are covered by the scope of the investigation 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 investigation are SS 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. SS sinks with fabricated bowls 7 See Drawn Stainless Steel Sinks From the People’s Republic of China: Antidumping Duty Investigation, 77 FR 60673 (October 4, 2012) (‘‘AD Preliminary Determination’’) and accompanying Preliminary Determination Decision Memorandum at 3. 8 Mounting clips, fasteners, seals, and sound deadening pads are not covered by the scope of this investigation if they are not included within the sales price of the SS sinks, regardless of whether they are shipped with or entered with SS sinks. E:\FR\FM\26FEN1.SGM 26FEN1 13018 Federal Register / Vol. 78, No. 38 / Tuesday, February 26, 2013 / Notices may sometimes be referred to as ‘‘zero radius’’ or ‘‘near zero radius’’ sinks. The products covered by this investigation are currently classified in the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) under statistical reporting number 7324.10.0000 and 7324.10.0010. Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the products under investigation is dispositive of its inclusion as subject merchandise. tkelley on DSK3SPTVN1PROD with NOTICES Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation and all issues raised in the case and rebuttal briefs by parties to this investigation are addressed in the Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Import Administration, titled ‘‘Issues and Decision Memorandum for the Final Determination in the Countervailing Duty Investigation of Drawn Stainless Steel Sinks from the People’s Republic of China’’ (February 19, 2013) (hereafter, ‘‘Decision Memorandum’’), which is hereby adopted by this notice. Attached to this notice as an Appendix is a list of the issues that parties have raised and to which we have responded in the Decision Memorandum. The Decision Memorandum is a public document and is on file electronically via Import Administration’s Antidumping and Countervailing Duty Centralized Electronic Service System (‘‘IA ACCESS’’). IA ACCESS is available to registered users at http:// iaaccess.trade.gov and in the Central Records Unit, room 7046 of the main Department of Commerce building. In addition, a complete version of the Decision Memorandum can be accessed directly on the internet at http:// www.trade.gov/ia/. The signed Decision Memorandum and the electronic versions of the Decision Memorandum are identical in content. Suspension of Liquidation In accordance with section 705(c)(1)(B)(i)(I) of the Tariff Act of 1930, as amended (‘‘Act’’), we have calculated an individual countervailable subsidy rate for each respondent. Section 705(c)(5)(A)(i) of the Act states that for companies not individually investigated, we will determine an all others rate equal to the weighted average of the countervailable subsidy rates established for exporters and producers individually investigated, VerDate Mar<15>2010 16:35 Feb 25, 2013 Jkt 229001 excluding any zero and de minimis countervailable subsidy rates, and any rates based entirely on adverse facts available under section 776 of the Act. Notwithstanding the language of section 705(c)(5)(A)(i) of the Act, we have not calculated the ‘‘all others’’ rate by weight averaging the rates of Yingao and Superte, because doing so risks disclosure of proprietary information. Therefore, for the all others rate, we have calculated a simple average of Yingao’s and Superte’s rates. We determine the total estimated net countervailable subsidy rates to be: privileged and non-proprietary information related to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order (‘‘APO’’), without the written consent of the Assistant Secretary for Import Administration. ITC Notification In accordance with section 705(d) of the Act, we will notify the ITC of our determination. In addition, we are making available to the ITC all non- 771(5A)(D)(III)(i) of the Act Comment 9 Benchmark Analysis Comment 10 Government Authority Analysis Comment 11 Superte’s Additional Stainless Steel Coil Producer Information Return or Destruction of Proprietary Information In the event that the ITC issues a final negative injury determination, this Net subsidy Producer/Exporter rate (percent) notice will serve as the only reminder to parties subject to an APO of their responsibility concerning the Guangdong Yingao Kitchen Utensils Co., Ltd., and destruction of proprietary information Foshan Magang Kitchen disclosed under APO in accordance Utensils Co., Ltd. .............. 4.80 with 19 CFR 351.305(a)(3). Timely Zhongshan Superte Kitchenwritten notification of the return/ ware Co., Ltd. ................... 12.21 destruction of APO materials or Foshan Zhaoshun Trade Co., Ltd. ............................ 12.26 conversion to judicial protective order is All Others .............................. 8.51 hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to As a result of our Preliminary sanction. Determination and pursuant to section 703(d) of the Act, we instructed U.S. This determination is published Customs and Border Protection (‘‘CBP’’) pursuant to sections 705(d) and 777(i) of to suspend liquidation of all entries of the Act. subject merchandise from the PRC that Dated: February 19, 2013. were entered, or withdrawn from Paul Piquado, warehouse, for consumption on or after Assistant Secretary for Import August 6, 2012, the date of the Administration. publication of the Preliminary Determination in the Federal Register. Appendix In accordance with section 703(d) of the List of Comments and Issues in the Decision Act, we issued instructions to CBP to Memorandum discontinue the suspension of liquidation for CVD purposes for subject General Issues merchandise entered, or withdrawn Comment 1 Application of the CVD Law to from warehouse, on or after December 4, the People’s Republic of China 2012, but to continue the suspension of Comment 2 Double Counting/Overlapping Remedies liquidation of all entries from August 6, 2012, through December 3, 2012. Policy Lending to the Stainless Steel Sinks If the International Trade Commission Industry (‘‘ITC’’) issues a final affirmative injury Comment 3 National and Regional Policy determination, we will issue a CVD Lending Programs order and reinstate the suspension of Comment 4 Specificity to Drawn Stainless liquidation under section 706(a) of the Steel Sink Producers Act, and we will require a cash deposit Preferential Export Financing of estimated CVDs for such entries of merchandise in the amounts indicated Comment 5 Timing of Department’s Determination above. If the ITC determines that Comment 6 Contingency of Loans on material injury, or threat of material Exports injury, does not exist, this proceeding Comment 7 Countervailability of One of will be terminated and all estimated Yingao’s Loans duties deposited or securities posted as a result of the suspension of liquidation Provision of Stainless Steel Coil for LTAR will be refunded or canceled. Comment 8 Specificity Under Section PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\26FEN1.SGM 26FEN1 Federal Register / Vol. 78, No. 38 / Tuesday, February 26, 2013 / Notices Comment 12 Stainless Steel Quality Differences Between Benchmark and Superte’s Purchases Provision of Electricity for LTAR Comment 13 Application of AFA and Benchmark Analysis Provision of Land for LTAR Comment 14 Policies and Incentives, Marketing of Industrial Zones, and Pricing [FR Doc. 2013–04280 Filed 2–25–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–983] Drawn Stainless Steel Sinks From the People’s Republic of China: Investigation, Final Determination Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: February 26, 2013. SUMMARY: On October 4, 2012, the Department of Commerce (‘‘Department’’) published its preliminary determination of sales at less than fair value (‘‘LTFV’’) and postponement of final determination in the antidumping (‘‘AD’’) investigation of drawn stainless steel sinks (‘‘drawn sinks’’) from the People’s Republic of China (‘‘PRC’’).1 We invited interested parties to comment on our preliminary determination of sales at LTFV. Based on our analysis of the comments we received, we have made changes to our margin calculations for the mandatory respondents. We determine that drawn sinks from the PRC are being, or are likely to be, sold in the United States at LTFV, as provided in section 735 of the Tariff Act of 1930, as amended (‘‘the Act’’). The final dumping margins for this investigation are listed in the ‘‘Final Determination Margins’’ section below. 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: tkelley on DSK3SPTVN1PROD with NOTICES AGENCY: Case History The Department published its Preliminary Determination on October 1 See Drawn Stainless Steel Sinks From the People’s Republic of China: Antidumping Duty Investigation, 77 FR 60673 (October 4, 2012) (‘‘Preliminary Determination’’). VerDate Mar<15>2010 16:35 Feb 25, 2013 Jkt 229001 4, 2012. On October 10, 2012, the Department issued post-Preliminary Determination supplemental questionnaires in which we requested new factual information regarding double remedies from Dongyuan and Superte/Zhaoshun 2 and received responses to these supplemental questionnaires on October 17, 2012. From October 22, through November 1, 2012, the Department conducted verifications of Dongyuan and Superte/ Zhaoshun and released its verification reports for these companies on November 28, and 29, 2012, respectively.3 Timely requests for a public hearing were filed on October 25, 2012, by Shenzen Kehuaxing Industrial Ltd. (‘‘Kehuaxing’’) and on November 5, 2012, by both Elkay Manufacturing Company (‘‘Petitioner’’) and Dongyuan. On November 15, 2012, in response to a request filed by Dongyuan, the Department extended the deadline for submission of publicly available information to November 26, 2012, and the due date for rebuttal information to December 6, 2012. On November 26, 2012, Petitioner and Dongyuan submitted surrogate value (‘‘SV’’) information for the record, and Petitioner, Dongyuan, and Superte submitted rebuttal comments to this information on December 6, 2012. On November 28, 2012, the Department extended the deadline for submission of case briefs to December 10, 2012, and the due date for rebuttals briefs to December 17, 2012. On December 7, 2012, in response to a request filed by Dongyuan, the Department again extended the deadline for submission of case briefs to December 13, 2012, and the due date for rebuttals briefs to December 18, 2012. On December 13, 2012, case briefs were filed by Petitioner, Dongyuan, Superte/ Zhaoshun, and Kehuaxing. On December 18, 2012, Petitioner, Dongyuan, Superte/Zhaoshun and the Government of China (‘‘GOC’’), each filed their rebuttal briefs, and on December 19, 2012, in its request to replace its case brief, the GOC submitted a corrected version of its case brief. On December 20, 2012, the Department rejected the GOC’s original case brief and granted the GOC’s request to correct and replace their case brief filed as an attachment to its December 19, 2012, 2 Mandatory respondents are Guangdong Dongyuan Kitchenware Industrial Co., Ltd. (‘‘Dongyuan’’) and Zhongshan Superte Kitchenware Co., Ltd. (‘‘Superte’’) and its invoicing company Foshan Zhaoshun Trade Co., Ltd. (‘‘Zhaoshun’’) (also collectively referred to as ‘‘Superte/ Zhaoshun’’). 3 See the ‘‘Verification’’ section below for additional information. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 13019 request. We did not receive briefs or rebuttal briefs from any other interested party to the investigation. On January 30, 2013, the Department held a public hearing limited to issues raised in case and rebuttal briefs. Tolling of Administrative Deadlines The Department postponed the deadline for the final determination to not later than 135 days after publication of the Preliminary Determination (i.e., February 16, 2013).4 However, as explained in the memorandum from the Assistant Secretary for Import Administration, the Department exercised its discretion to toll deadlines for two calendar days. Thus, all existing deadlines associated with this investigation were postponed by two days.5 However, since February 18, 2013, falls on a Federal Holiday, a nonbusiness day, the revised deadline for this final determination is now February 19, 2013.6 Period of Investigation The period of investigation (‘‘POI’’) is July 1, 2011, through December 31, 2011. This period corresponds to the two most recent fiscal quarters prior to the month of the filing of the petition, which was March 2012.7 Verification As provided in section 782(i) of the Act, we verified the information submitted by Dongyuan and Superte/ Zhaoshun for use in our final determination.8 For all verified 4 See Preliminary Determination, 77 FR at 60675. Memorandum to the Record from Paul Piquado, Assistant Secretary for Import Administration, regarding ‘‘Tolling of Administrative Deadlines as a Result of the Government Closure During Hurricane Sandy,’’ dated October 31, 2012. Accordingly, the revised deadline for this final determination is February 18, 2013. 6 See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). 7 See 19 CFR 351.204(b)(1). 8 See The Department’s verification reports titled, ‘‘Verification of the Sales and Factors Responses of Zhongshan Superte Kitchenware Co. Ltd./Foshan Zhaoshun Trade Co., Ltd. in the Investigation of Drawn Stainless Steel Sinks from the People’s Republic of China,’’ (November 28, 2012) (‘‘Superte/Zhaoshun’s Verification Report’’); and ‘‘Verification of the Sales and Factors Responses of Guangdong Dongyuan Kitchenware Industrial Co., Ltd. in the Antidumping Investigation of Drawn Stainless Steel Sinks from the People’s Republic of China,’’ (November 27, 2012) (‘‘Dongyuan’s Verification Report’’) on the record of this investigation on file electronically via Import Administration’s Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS). IA ACCESS is available to registered users at http://iaaccess.trade.gov and in the Central Records Unit (‘‘CRU’’), room 7046 of the main 5 See E:\FR\FM\26FEN1.SGM Continued 26FEN1

Agencies

[Federal Register Volume 78, Number 38 (Tuesday, February 26, 2013)]
[Notices]
[Pages 13017-13019]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04280]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-984]


Drawn Stainless Steel Sinks From the People's Republic of China: 
Final Affirmative Countervailing Duty Determination

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') determines 
that countervailable subsidies are being provided to producers and 
exporters of drawn stainless steel sinks (``SS sinks'') from the 
People's Republic of China (``PRC''). For information on the estimated 
subsidy rates, see the ``Suspension of Liquidation'' section of this 
notice.

DATES: Effective Date: February 26, 2013.

FOR FURTHER INFORMATION CONTACT: Shane Subler or Austin Redington, AD/
CVD Operations, Office 1, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0189 or (202) 482-1664, respectively.

Petitioner

    The petitioner in this investigation is Elkay Manufacturing Company 
(``Petitioner'').

Period of Investigation

    The period for which we are measuring subsidies, or period of 
investigation, is January 1, 2011, through December 31, 2011.

Case History

    The following events have occurred since the Preliminary 
Determination.\1\
---------------------------------------------------------------------------

    \1\ See Drawn Stainless Steel Sinks from the People's Republic 
of China: Preliminary Affirmative Countervailing Duty Determination, 
77 FR 46717 (August 6, 2012) (``Preliminary Determination'').
---------------------------------------------------------------------------

    On August 7, 2012, the Department initiated its investigation of 
new subsidy allegations.\2\ Questionnaires regarding these subsidies 
were sent to the Government of the People's Republic of China 
(``GOC''), Guangdong Yingao Kitchen Utensils Co., Ltd. and Foshan 
Magang Kitchen Utensils Co., Ltd. (collectively, ``Yingao''), and 
Zhongshan Superte Kitchenware Co., Ltd. and Foshan Zhaoshun Trade Co., 
Ltd. (collectively, ``Superte''), and we received responses between 
August 22 and October 23, 2012.
---------------------------------------------------------------------------

    \2\ See Memorandum from Jennifer Meek to Susan Kuhbach, ``Drawn 
Stainless Steel Sinks from the People's Republic of China 
Countervailing Duty Investigation: Initiation of New Subsidy 
Allegation,'' dated August 7, 2012.
---------------------------------------------------------------------------

    On September 20, 2012, the Department published a notice aligning 
the deadline for this final countervailing duty (``CVD'') determination 
with the deadline for the final determination in the antidumping duty 
(``AD'') investigation.\3\
---------------------------------------------------------------------------

    \3\ See Drawn Stainless Steel Sinks From the People's Republic 
of China: Countervailing Duty Investigation, 77 FR 58355 (September 
20, 2012).
---------------------------------------------------------------------------

    We conducted verification of Yingao's, Superte's and the GOC's 
questionnaire responses from November 5, to November 16, 2012, and 
subsequently issued verification reports.
    On January 8, 2013, the Department issued post-preliminary analyses 
for Yingao and Superte on January 8, 2013.\4\
---------------------------------------------------------------------------

    \4\ See Memoranda from Susan Kuhbach through Christian Marsh to 
Paul Piquado, ``Countervailing Duty Investigation of Drawn Stainless 
Steel Sinks from the People's Republic of China: Post-Preliminary 
Analysis Memorandum for Zhongshan Superte Kitchenware Co., Ltd 
(``Superte'') and Foshan Zhaoshun Trade Co., Ltd. (``Zhaoshun''),'' 
and ``Countervailing Duty Investigation of Drawn Stainless Steel 
Sinks from the People's Republic of China: Post-Preliminary Analysis 
Memorandum for Guangdong Yingao Kitchen Utensils Co., Ltd. 
(``Yingao'') and Foshan Magang Kitchen Utensils Co., Ltd. 
(``Magang''),'' dated January 8, 2013.
---------------------------------------------------------------------------

    The GOC, Yingao, Superte, and Petitioner submitted case briefs on 
January 17, 2013, and rebuttal briefs on January 25, 2013.

Scope Comments

    In accordance with the preamble to the Department's regulations,\5\ 
in the Initiation Notice,\6\ we set aside a period of time for parties 
to raise issues regarding product coverage, and encouraged all parties 
to submit comments within 20 calendar days of publication of the 
Initiation Notice. As described in the Preliminary Determination, we 
received scope comments from Blanco America, Inc. (``Blanco''), an 
importer of subject merchandise, on April 10, 2012. Blanco's scope 
comments were addressed in the preliminary determination of the 
corresponding AD investigation to this case.\7\ As stated in the AD 
Preliminary Determination, we have determined not to change the scope 
language as presented below and in the Initiation Notice.
---------------------------------------------------------------------------

    \5\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997).
    \6\ See Drawn Stainless Steel Sinks From the People's Republic 
of China: Initiation of Countervailing Duty Investigation, 77 FR 
18211 (March 27, 2012) (``Initiation Notice'').
    \7\ See Drawn Stainless Steel Sinks From the People's Republic 
of China: Antidumping Duty Investigation, 77 FR 60673 (October 4, 
2012) (``AD Preliminary Determination'') and accompanying 
Preliminary Determination Decision Memorandum at 3.
---------------------------------------------------------------------------

Scope of the Investigation

    The products covered by the scope of this investigation are SS 
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 this 
investigation if they are included within the sales price of the SS 
sinks.\8\ 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. SS 
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). SS 
sinks with multiple drawn bowls that are joined through a welding 
operation to form one unit are covered by the scope of the 
investigation. SS sinks are covered by the scope of the investigation 
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.
---------------------------------------------------------------------------

    \8\ Mounting clips, fasteners, seals, and sound deadening pads 
are not covered by the scope of this investigation if they are not 
included within the sales price of the SS sinks, regardless of 
whether they are shipped with or entered with SS sinks.
---------------------------------------------------------------------------

    Excluded from the scope of the investigation are SS 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. SS sinks 
with fabricated bowls

[[Page 13018]]

may sometimes be referred to as ``zero radius'' or ``near zero radius'' 
sinks.
    The products covered by this investigation are currently classified 
in the Harmonized Tariff Schedule of the United States (``HTSUS'') 
under statistical reporting number 7324.10.0000 and 7324.10.0010. 
Although the HTSUS subheading is provided for convenience and customs 
purposes, the written description of the products under investigation 
is dispositive of its inclusion as subject merchandise.

Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation and all issues raised in 
the case and rebuttal briefs by parties to this investigation are 
addressed in the Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to Paul 
Piquado, Assistant Secretary for Import Administration, titled ``Issues 
and Decision Memorandum for the Final Determination in the 
Countervailing Duty Investigation of Drawn Stainless Steel Sinks from 
the People's Republic of China'' (February 19, 2013) (hereafter, 
``Decision Memorandum''), which is hereby adopted by this notice. 
Attached to this notice as an Appendix is a list of the issues that 
parties have raised and to which we have responded in the Decision 
Memorandum. The Decision Memorandum is a public document and is on file 
electronically via Import Administration's Antidumping and 
Countervailing Duty Centralized Electronic Service System (``IA 
ACCESS''). IA ACCESS is available to registered users at http://iaaccess.trade.gov and in the Central Records Unit, room 7046 of the 
main Department of Commerce building. In addition, a complete version 
of the Decision Memorandum can be accessed directly on the internet at 
http://www.trade.gov/ia/. The signed Decision Memorandum and the 
electronic versions of the Decision Memorandum are identical in 
content.

Suspension of Liquidation

    In accordance with section 705(c)(1)(B)(i)(I) of the Tariff Act of 
1930, as amended (``Act''), we have calculated an individual 
countervailable subsidy rate for each respondent. Section 
705(c)(5)(A)(i) of the Act states that for companies not individually 
investigated, we will determine an all others rate equal to the 
weighted average of the countervailable subsidy rates established for 
exporters and producers individually investigated, excluding any zero 
and de minimis countervailable subsidy rates, and any rates based 
entirely on adverse facts available under section 776 of the Act. 
Notwithstanding the language of section 705(c)(5)(A)(i) of the Act, we 
have not calculated the ``all others'' rate by weight averaging the 
rates of Yingao and Superte, because doing so risks disclosure of 
proprietary information. Therefore, for the all others rate, we have 
calculated a simple average of Yingao's and Superte's rates.
    We determine the total estimated net countervailable subsidy rates 
to be:

------------------------------------------------------------------------
                                                            Net subsidy
                    Producer/Exporter                     rate (percent)
------------------------------------------------------------------------
Guangdong Yingao Kitchen Utensils Co., Ltd., and Foshan             4.80
 Magang Kitchen Utensils Co., Ltd.......................
Zhongshan Superte Kitchenware Co., Ltd..................           12.21
Foshan Zhaoshun Trade Co., Ltd..........................           12.26
All Others..............................................            8.51
------------------------------------------------------------------------

    As a result of our Preliminary Determination and pursuant to 
section 703(d) of the Act, we instructed U.S. Customs and Border 
Protection (``CBP'') to suspend liquidation of all entries of subject 
merchandise from the PRC that were entered, or withdrawn from 
warehouse, for consumption on or after August 6, 2012, the date of the 
publication of the Preliminary Determination in the Federal Register. 
In accordance with section 703(d) of the Act, we issued instructions to 
CBP to discontinue the suspension of liquidation for CVD purposes for 
subject merchandise entered, or withdrawn from warehouse, on or after 
December 4, 2012, but to continue the suspension of liquidation of all 
entries from August 6, 2012, through December 3, 2012.
    If the International Trade Commission (``ITC'') issues a final 
affirmative injury determination, we will issue a CVD order and 
reinstate the suspension of liquidation under section 706(a) of the 
Act, and we will require a cash deposit of estimated CVDs for such 
entries of merchandise in the amounts indicated above. If the ITC 
determines that material injury, or threat of material injury, does not 
exist, this proceeding will be terminated and all estimated duties 
deposited or securities posted as a result of the suspension of 
liquidation will be refunded or canceled.

ITC Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of our determination. In addition, we are making available to the 
ITC all non-privileged and non-proprietary information related to this 
investigation. We will allow the ITC access to all privileged and 
business proprietary information in our files, provided the ITC 
confirms that it will not disclose such information, either publicly or 
under an administrative protective order (``APO''), without the written 
consent of the Assistant Secretary for Import Administration.

Return or Destruction of Proprietary Information

    In the event that the ITC issues a final negative injury 
determination, this notice will serve as the only reminder to parties 
subject to an APO of their responsibility concerning the destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Timely written notification of the return/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 determination is published pursuant to sections 705(d) and 
777(i) of the Act.

    Dated: February 19, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix

List of Comments and Issues in the Decision Memorandum

General Issues

Comment 1 Application of the CVD Law to the People's Republic of 
China
Comment 2 Double Counting/Overlapping Remedies

Policy Lending to the Stainless Steel Sinks Industry

Comment 3 National and Regional Policy Lending Programs
Comment 4 Specificity to Drawn Stainless Steel Sink Producers

Preferential Export Financing

Comment 5 Timing of Department's Determination
Comment 6 Contingency of Loans on Exports
Comment 7 Countervailability of One of Yingao's Loans

Provision of Stainless Steel Coil for LTAR

Comment 8 Specificity Under Section 771(5A)(D)(III)(i) of the Act
Comment 9 Benchmark Analysis
Comment 10 Government Authority Analysis
Comment 11 Superte's Additional Stainless Steel Coil Producer 
Information

[[Page 13019]]

Comment 12 Stainless Steel Quality Differences Between Benchmark and 
Superte's Purchases

Provision of Electricity for LTAR

Comment 13 Application of AFA and Benchmark Analysis

Provision of Land for LTAR

Comment 14 Policies and Incentives, Marketing of Industrial Zones, 
and Pricing

[FR Doc. 2013-04280 Filed 2-25-13; 8:45 am]
BILLING CODE 3510-DS-P