Drawn Stainless Steel Sinks From the People's Republic of China: Final Affirmative Countervailing Duty Determination, 13017-13019 [2013-04280]
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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.
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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
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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 https://
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 https://
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,
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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
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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.
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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 https://iaaccess.trade.gov and in the Central
Records Unit (‘‘CRU’’), room 7046 of the main
5 See
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Continued
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]]>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.
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\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.
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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 https://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
https://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
