Drawn Stainless Steel Sinks from the People's Republic of China: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 21592-21594 [2013-08649]
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21592
Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Notices
Dated: April 5, 2013.
M. Earl Stewart,
Forest Supervisor.
[FR Doc. 2013–08455 Filed 4–10–13; 8:45 am]
BILLING CODE ;P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
[Docket No. 130313244–3244–01]
XRIN 0694–XC007
Reporting for Calendar Year 2012 on
Offsets Agreements Related to Sales
of Defense Articles or Defense
Services to Foreign Countries or
Foreign Firms
Bureau of Industry and
Security, Department of Commerce.
ACTION: Notice; annual reporting
requirements.
AGENCY:
This notice is to remind the
public that U.S. firms are required to
report annually to the Department of
Commerce (Commerce) information on
contracts for the sale of defense articles
or defense services to foreign countries
or foreign firms that are subject to
offsets agreements exceeding $5,000,000
in value. U.S. firms are also required to
report annually to Commerce
information on offsets transactions
completed in performance of existing
offsets commitments for which offsets
credit of $250,000 or more has been
claimed from the foreign representative.
This year, such reports must include
relevant information from calendar year
2012, and must be submitted to
Commerce no later than June 15, 2013.
ADDRESSES: Reports should be
addressed to ‘‘Offsets Program Manager,
U.S. Department of Commerce, Office of
Strategic Industries and Economic
Security, Bureau of Industry and
Security, Room 3878, Washington, DC
20230.’’
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
TKELLEY on DSK3SPTVN1PROD with NOTICES
Ronald DeMarines, Office of Strategic
Industries and Economic Security,
Bureau of Industry and Security, U.S.
Department of Commerce, telephone:
202–482–3755; fax: 202–482–5650;
email: ronald.demarines@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
Section 723(a)(1) of the Defense
Production Act of 1950, as amended
(DPA, 50 U.S.C. 2172(a)(1)) requires the
President to submit an annual report to
Congress on the impact of offsets on the
U.S. defense industrial base. Section
723(a)(2) (50 U.S.C. 2172(a)(2)) directs
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17:37 Apr 10, 2013
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the Secretary of Commerce (Secretary)
to prepare the President’s report, and to
develop and administer the regulations
necessary to collect offsets data from
U.S. defense exporters.
The authorities of the Secretary
regarding offsets have been delegated to
the Under Secretary of Commerce for
Industry and Security. The regulations
associated with offsets reporting are set
forth in part 701 of title 15 of the Code
of Federal Regulations. Offsets are
compensation practices required as a
condition of purchase in either
government-to-government or
commercial sales of defense articles
and/or defense services, as defined by
the Arms Export Control Act and the
International Traffic in Arms
Regulations. For example, a company
that is selling a fleet of military aircraft
to a foreign government may agree to
offset the cost of the aircraft by
providing training assistance to plant
managers in the purchasing country.
Although this distorts the true price of
the aircraft, the foreign government may
require this sort of extra compensation
as a condition of awarding the contract
to purchase the aircraft. As described in
the regulations, U.S. firms are required
to report information on contracts for
the sale of defense articles or defense
services to foreign countries or foreign
firms that are subject to offsets
agreements exceeding $5,000,000 in
value. U.S. firms are also required to
report annually information on offsets
transactions completed in performance
of existing offsets commitments for
which offsets credit of $250,000 or more
has been claimed from the foreign
representative.
Commerce’s annual report to Congress
includes an aggregated summary of the
data reported by industry in accordance
with the offsets regulation and the DPA.
As provided by section 723(c) (50 U.S.C.
2172(c)) of the DPA, BIS will not
publicly disclose individual firm
information it receives through offsets
reporting unless the firm furnishing the
information specifically authorizes
public disclosure. The information
collected is sorted and organized into an
aggregate report of national offsets data,
and therefore does not identify
company-specific information.
In order to enable BIS to prepare the
next annual offset report reflecting
calendar year 2012 data, U.S. firms must
submit required information on offsets
agreements and offsets transactions from
calendar year 2012 to BIS no later than
June 15, 2013.
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Dated: April 1, 2013.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
[FR Doc. 2013–08413 Filed 4–10–13; 8:45 am]
BILLING CODE 3510–JT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–983]
Drawn Stainless Steel Sinks from the
People’s Republic of China: Amended
Final Determination of Sales at Less
Than Fair Value and Antidumping Duty
Order
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (the ‘‘Department’’) and the
International Trade Commission
(‘‘ITC’’), the Department is issuing an
antidumping duty order on drawn
stainless steel sinks (‘‘drawn sinks’’)
from the People’s Republic of China
(‘‘PRC’’). In addition, the Department is
amending its final determination to
correct a ministerial error.
DATES: Effective Date: April 11, 2013.
FOR FURTHER INFORMATION CONTACT:
Brooke Kennedy 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) 482–3818 or (202) 482–
6231, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On February 26, 2013, the Department
published the final determination of
sales at less than fair value in the
antidumping duty investigation of
drawn sinks from the PRC.1 On April 4,
2013, the ITC notified the Department of
its final determination pursuant to
section 735(b)(1)(A)(i) of the Tariff Act
of 1930, as amended (‘‘the Act’’), that an
industry in the United States is
materially injured by reason of imports
of drawn sinks from the PRC.2
Scope of the Order
The products covered by the scope of
this order are drawn stainless steel sinks
1 See Drawn Stainless Steel Sinks From the
People’s Republic of China: Investigation, Final
Determination, 78 FR 13019 (February 26, 2013)
(‘‘Final Determination’’).
2 See Drawn Stainless Steel Sinks from China,
USITC Pub. 4390, Investigation Nos. 701–TA–489
and 731–TA–1201 (Final) (April 2013).
E:\FR\FM\11APN1.SGM
11APN1
Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Notices
TKELLEY on DSK3SPTVN1PROD with NOTICES
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 order if they are included within
the sales price of the drawn stainless
steel sinks.3 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 order. Drawn
stainless steel sinks are covered by the
scope of the order 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 order
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 this order
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.
Amendment to the Final Determination
On February 26, 2013, the Department
published its affirmative final
determination in this proceeding.4 On
March 5, 2013, Jiangxi Zoje Kitchen &
Bath Industry Co., Ltd. (‘‘Zoje’’), a
separate rate applicant in this
investigation submitted a timely
3 Mounting clips, fasteners, seals, and sounddeadening pads are not covered by the scope of the
order 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.
4 See Final Determination.
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17:37 Apr 10, 2013
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ministerial error allegation and
requested, pursuant to 19 CFR 351.224,
that the Department correct the alleged
ministerial error by revising Zoje’s
combination rates.
After analyzing all interested party
comments, we have determined, in
accordance with section 735(e) of the
Act and 19 CFR 351.224(e), that we
made the following ministerial error in
the Final Determination with respect to
Zoje:
• We inadvertently assigned a
separate rate to the exporter Zoje in
combination with Jiangxi Offidun
Industry Co., Ltd. as the only producer
of the subject merchandise. Information
provided in Zoje’s separate rate
application indicated that Zoje qualified
for two producer-exporter combinations.
For a detailed discussion of the alleged
ministerial error, as well as the
Department’s analysis, see
Memorandum to Paul Piquado,
Assistant Secretary for Import
Administration, from Christian Marsh,
Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations, regarding, ‘‘Final
Determination of Antidumping Duty
Investigation on Drawn Stainless Steel
Sinks from the People’s Republic of
China: Allegation of Ministerial Error,’’
dated March 22, 2013.
Antidumping Duty Order
In accordance with sections
735(b)(1)(A)(i) and 735(d) of the Act, the
ITC has notified the Department of its
final determination in this investigation,
in which it found that imports of drawn
sinks from the PRC are materially
injuring a U.S. industry. Therefore, in
accordance with section 735(c)(2) of the
Act, we are publishing this antidumping
duty order.
As a result of the ITC’s final
determination, in accordance with
section 736(a)(1) of the Act, the
Department will direct U.S. Customs
and Border Protection (‘‘CBP’’) to assess,
upon further instruction by the
Department, antidumping duties equal
to the amount by which the normal
value of the merchandise exceeds the
export price (or constructed export
price) of the merchandise, for all
relevant entries of drawn sinks from the
PRC. These antidumping duties will be
assessed on unliquidated entries from
the PRC entered, or withdrawn from
warehouse, for consumption on or after
October 4, 2012, the date on which the
Department published the Preliminary
Determination, 5 but will not include
5 See Drawn Stainless Steel Sinks From the
People’s Republic of China: Antidumping Duty
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21593
entries occurring after the expiration of
the provisional measures period and
before publication of the ITC’s final
injury determination, as further
described below.
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, we will instruct
CBP to continue to suspend liquidation
on entries of subject merchandise from
the PRC. We will also instruct CBP to
require cash deposits equal to the
estimated amount by which the normal
value exceeds the U.S. price as
indicated in the chart below. These cash
deposit rates will be adjusted, where
appropriate, for export subsidies and
estimated domestic subsidy passthrough. These instructions suspending
liquidation will remain in effect until
further notice.
Accordingly, effective on the date of
publication of the ITC’s final affirmative
injury determination, CBP will require,
at the same time as importers would
normally deposit estimated duties on
this subject merchandise, a cash deposit
equal to the estimated weighted-average
antidumping duty margins as discussed
above, adjusted, where appropriate, for
export subsidies and estimated domestic
subsidy pass-through.6 The ‘‘PRC-wide’’
rate applies to all exporters of subject
merchandise not specifically listed.
Provisional Measures
Section 733(d) of the Act states that
instructions issued pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months except where exporters
representing a significant proportion of
exports of the subject merchandise
request the Department to extend that
four-month period to no more than six
months. At the request of the exporters
that account for a significant proportion
of exports of drawn stainless steel sinks
from the PRC, we extended the fourmonth period to no more than six
months.7 In the underlying
investigation, the Department published
the Preliminary Determination on
October 4, 2012. Therefore, the sixmonth period beginning on the date of
the publication of the Preliminary
Determination ended on April 2, 2013.
Furthermore, section 737(b) of the Act
Investigation, 77 FR 60673 (October 4, 2012)
(‘‘Preliminary Determination’’).
6 See sections 736(a)(3), 772(c)(1)(C) and 777A(f)
of the Act.
7 See Letter from Guangdong Dongyuan
Kitchenware Industrial Co., Ltd., ‘‘Drawn Stainless
Steel Sinks from the People’s Republic of China:
Request for Extension of Final Determination,’’
dated September 21, 2012.
E:\FR\FM\11APN1.SGM
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21594
Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Notices
states that definitive duties are to begin
on the date of publication of the ITC’s
final injury determination.
Therefore, in accordance with section
733(d) of the Act and our practice, we
will instruct CBP to terminate the
suspension of liquidation and to
of publication of the ITC’s final injury
determination in the Federal Register.
liquidate, without regard to
antidumping duties, unliquidated
entries of drawn sinks from the PRC
entered, or withdrawn from warehouse,
for consumption after April 2, 2013, the
date the provisional measures expired,
and through the day preceding the date
Amended Final Determination of
Antidumping Investigation
The weighted-average dumping
margins 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 ....................................
39.87
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; Jiangxi Zoje Kitchen & Bath Industry Co., Ltd.
Ningbo Oulin Kitchen Utensils Co., Ltd .........................................
Primy Cooperation Limited ............................................................
Bonke Kitchen & Sanitary Industrial Co., Ltd ................................
27.14
33.51
33.51
33.51
33.51
Zhongshan Xintian Hardware Co., Ltd ..........................................
Zhuhai Kohler Kitchen & Bathroom Products Co., Ltd .................
........................................................................................................
33.51
33.51
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 * .............................................................................
33.51
33.51
33.51
33.51
33.51
33.51
33.51
33.51
33.51
33.51
33.51
33.51
33.51
* 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, FoShan Fancome Trading Co., Ltd, and Shenzen Kehuaxing Industrial Ltd.
TKELLEY on DSK3SPTVN1PROD with NOTICES
This notice constitutes the
antidumping duty order with respect to
drawn sinks from the PRC pursuant to
section 736(a) of the Act. Interested
parties may contact the Department’s
Central Records Unit, Room 7043 of the
main Commerce building, for copies of
an updated list of antidumping duty
orders currently in effect.
This order and amended final
determination are published in
accordance with sections 736(a) and
735(e) of the Act and 19 CFR 351.211
and 351.224(e).
Dated: April 8, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2013–08649 Filed 4–10–13; 8:45 am]
BILLING CODE 3510–DS–P
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Jkt 229001
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–942]
Certain Kitchen Appliance Shelving
and Racks From the People’s Republic
of China: Final Results of
Countervailing Duty Administrative
Review; 2010
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) has completed its
administrative review of the
countervailing duty (‘‘CVD’’) order on
certain kitchen appliance shelving and
racks from the People’s Republic of
China (‘‘PRC’’) for the period January 1,
2010, through December 31, 2010. The
final net subsidy rate for New King Shan
(Zhu Hai) Co., Ltd. (‘‘NKS’’) is listed
below in the section entitled ‘‘Final
Results of the Review.’’
AGENCY:
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
DATES:
Effective Date: April 11, 2013.
FOR FURTHER INFORMATION CONTACT:
Jennifer Meek or Mary Kolberg, Office of
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) 482–2778 and (202)
482–1785, respectively.
SUPPLEMENTARY INFORMATION:
Background
Following the Preliminary Results,1
the Department sent two supplemental
questionnaires to NKS regarding certain
subsidy programs. NKS submitted its
timely responses on October 23, 2012,
1 See Certain Kitchen Appliance Shelving and
Racks From the People’s Republic of China:
Countervailing Duty Administrative Review; 2010,
77 FR 61396 (October 9, 2012) (‘‘Preliminary
Results’’), as corrected by Certain Kitchen
Appliance Shelving and Racks from the People’s
Republic of China: Countervailing Duty
Administrative Review, 2010; Correction, 77 FR
72324 (December 5, 2012).
E:\FR\FM\11APN1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 70 (Thursday, April 11, 2013)]
[Notices]
[Pages 21592-21594]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08649]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-983]
Drawn Stainless Steel Sinks from the People's Republic of China:
Amended Final Determination of Sales at Less Than Fair Value and
Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (the ``Department'') and the International Trade Commission
(``ITC''), the Department is issuing an antidumping duty order on drawn
stainless steel sinks (``drawn sinks'') from the People's Republic of
China (``PRC''). In addition, the Department is amending its final
determination to correct a ministerial error.
DATES: Effective Date: April 11, 2013.
FOR FURTHER INFORMATION CONTACT: Brooke Kennedy 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-
3818 or (202) 482-6231, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 26, 2013, the Department published the final
determination of sales at less than fair value in the antidumping duty
investigation of drawn sinks from the PRC.\1\ On April 4, 2013, the ITC
notified the Department of its final determination pursuant to section
735(b)(1)(A)(i) of the Tariff Act of 1930, as amended (``the Act''),
that an industry in the United States is materially injured by reason
of imports of drawn sinks from the PRC.\2\
---------------------------------------------------------------------------
\1\ See Drawn Stainless Steel Sinks From the People's Republic
of China: Investigation, Final Determination, 78 FR 13019 (February
26, 2013) (``Final Determination'').
\2\ See Drawn Stainless Steel Sinks from China, USITC Pub. 4390,
Investigation Nos. 701-TA-489 and 731-TA-1201 (Final) (April 2013).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the scope of this order are drawn stainless
steel sinks
[[Page 21593]]
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 order if they are
included within the sales price of the drawn stainless steel sinks.\3\
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 order. Drawn stainless steel sinks are covered by the
scope of the order 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.
---------------------------------------------------------------------------
\3\ Mounting clips, fasteners, seals, and sound-deadening pads
are not covered by the scope of the order 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 order 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 this order 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.
Amendment to the Final Determination
On February 26, 2013, the Department published its affirmative
final determination in this proceeding.\4\ On March 5, 2013, Jiangxi
Zoje Kitchen & Bath Industry Co., Ltd. (``Zoje''), a separate rate
applicant in this investigation submitted a timely ministerial error
allegation and requested, pursuant to 19 CFR 351.224, that the
Department correct the alleged ministerial error by revising Zoje's
combination rates.
---------------------------------------------------------------------------
\4\ See Final Determination.
---------------------------------------------------------------------------
After analyzing all interested party comments, we have determined,
in accordance with section 735(e) of the Act and 19 CFR 351.224(e),
that we made the following ministerial error in the Final Determination
with respect to Zoje:
We inadvertently assigned a separate rate to the exporter
Zoje in combination with Jiangxi Offidun Industry Co., Ltd. as the only
producer of the subject merchandise. Information provided in Zoje's
separate rate application indicated that Zoje qualified for two
producer-exporter combinations.
For a detailed discussion of the alleged ministerial error, as well as
the Department's analysis, see Memorandum to Paul Piquado, Assistant
Secretary for Import Administration, from Christian Marsh, Deputy
Assistant Secretary for Antidumping and Countervailing Duty Operations,
regarding, ``Final Determination of Antidumping Duty Investigation on
Drawn Stainless Steel Sinks from the People's Republic of China:
Allegation of Ministerial Error,'' dated March 22, 2013.
Antidumping Duty Order
In accordance with sections 735(b)(1)(A)(i) and 735(d) of the Act,
the ITC has notified the Department of its final determination in this
investigation, in which it found that imports of drawn sinks from the
PRC are materially injuring a U.S. industry. Therefore, in accordance
with section 735(c)(2) of the Act, we are publishing this antidumping
duty order.
As a result of the ITC's final determination, in accordance with
section 736(a)(1) of the Act, the Department will direct U.S. Customs
and Border Protection (``CBP'') to assess, upon further instruction by
the Department, antidumping duties equal to the amount by which the
normal value of the merchandise exceeds the export price (or
constructed export price) of the merchandise, for all relevant entries
of drawn sinks from the PRC. These antidumping duties will be assessed
on unliquidated entries from the PRC entered, or withdrawn from
warehouse, for consumption on or after October 4, 2012, the date on
which the Department published the Preliminary Determination, \5\ but
will not include entries occurring after the expiration of the
provisional measures period and before publication of the ITC's final
injury determination, as further described below.
---------------------------------------------------------------------------
\5\ See Drawn Stainless Steel Sinks From the People's Republic
of China: Antidumping Duty Investigation, 77 FR 60673 (October 4,
2012) (``Preliminary Determination'').
---------------------------------------------------------------------------
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct CBP to continue to suspend liquidation on entries of subject
merchandise from the PRC. We will also instruct CBP to require cash
deposits equal to the estimated amount by which the normal value
exceeds the U.S. price as indicated in the chart below. These cash
deposit rates will be adjusted, where appropriate, for export subsidies
and estimated domestic subsidy pass-through. These instructions
suspending liquidation will remain in effect until further notice.
Accordingly, effective on the date of publication of the ITC's
final affirmative injury determination, CBP will require, at the same
time as importers would normally deposit estimated duties on this
subject merchandise, a cash deposit equal to the estimated weighted-
average antidumping duty margins as discussed above, adjusted, where
appropriate, for export subsidies and estimated domestic subsidy pass-
through.\6\ The ``PRC-wide'' rate applies to all exporters of subject
merchandise not specifically listed.
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\6\ See sections 736(a)(3), 772(c)(1)(C) and 777A(f) of the Act.
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Provisional Measures
Section 733(d) of the Act states that instructions issued pursuant
to an affirmative preliminary determination may not remain in effect
for more than four months except where exporters representing a
significant proportion of exports of the subject merchandise request
the Department to extend that four-month period to no more than six
months. At the request of the exporters that account for a significant
proportion of exports of drawn stainless steel sinks from the PRC, we
extended the four-month period to no more than six months.\7\ In the
underlying investigation, the Department published the Preliminary
Determination on October 4, 2012. Therefore, the six-month period
beginning on the date of the publication of the Preliminary
Determination ended on April 2, 2013. Furthermore, section 737(b) of
the Act
[[Page 21594]]
states that definitive duties are to begin on the date of publication
of the ITC's final injury determination.
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\7\ See Letter from Guangdong Dongyuan Kitchenware Industrial
Co., Ltd., ``Drawn Stainless Steel Sinks from the People's Republic
of China: Request for Extension of Final Determination,'' dated
September 21, 2012.
---------------------------------------------------------------------------
Therefore, in accordance with section 733(d) of the Act and our
practice, we will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of drawn sinks from the PRC entered, or withdrawn
from warehouse, for consumption after April 2, 2013, the date the
provisional measures expired, and through the day preceding the date of
publication of the ITC's final injury determination in the Federal
Register.
Amended Final Determination of Antidumping Investigation
The weighted-average dumping margins are as follows:
------------------------------------------------------------------------
Exporter Producer Percent margin
------------------------------------------------------------------------
Zhongshan Superte Kitchenware Zhongshan Superte 39.87
Co., Ltd/Zhongshan Superte Kitchenware Co., Ltd.
Kitchenware Co., Ltd invoiced
as Foshan Zhaoshun Trade Co.,
Ltd.
Guangdong Dongyuan Kitchenware Guangdong Dongyuan 27.14
Industrial Co., Ltd. Kitchenware
Industrial Co., Ltd.
B&R Industries Limited........ Xinhe Stainless Steel 33.51
Products Co., Ltd and
Jiamen XHHL Stainless
Steel Manufacturing
Co., Ltd.
Elkay (China) Kitchen Elkay (China) Kitchen 33.51
Solutions, Co., Ltd. Solutions, Co., Ltd.
Feidong Import and Export Co., Jiangmen Liantai 33.51
Ltd. Kitchen Equipment
Co.; Jiangmen Xinhe
Stainless Steel
Product Co., Ltd.
Foshan Shunde MingHao Kitchen Foshan Shunde MingHao 33.51
Utensils Co., Ltd. Kitchen Utensils Co.,
Ltd.
Franke Asia Sourcing Ltd...... Guangdong YingAo 33.51
Kitchen Utensils Co.,
Ltd; Franke (China)
Kitchen System Co.,
Ltd.
Grand Hill Work Company....... Zhongshan Xintian 33.51
Hardware Co., Ltd.
Guangdong G-Top Import and Jiangmen Jin Ke Ying 33.51
Export Co., Ltd. Stainless Steel Wares
Co., Ltd.
Guangdong Yingao Kitchen Guangdong Yingao 33.51
Utensils Co., Ltd. Kitchen Utensils Co.,
Ltd.
Hangzhou Heng's Industries Hangzhou Heng's 33.51
Co., Ltd. Industries Co., Ltd.
J&C Industries Enterprise Zhongshan Superte 33.51
Limited. Kitchenware Co., Ltd.
Jiangmen Hongmao Trading Co., Xinhe Stainless Steel 33.51
Ltd. Products Co., Ltd.
Jiangmen New Star Hi-Tech Jiangmen New Star Hi- 33.51
Enterprise Ltd. Tech Enterprise Ltd.
Jiangmen Pioneer Import & Jiangmen Ouert Kitchen 33.51
Export Co., Ltd. Appliance
Manufacturing Co.,
Ltd; Jiangmen XHHL
Stainless Steel
Manufacturing Co.,
Ltd.
Jiangxi Zoje Kitchen & Bath Jiangxi Offidun 33.51
Industry Co., Ltd. Industry Co. Ltd;
Jiangxi Zoje Kitchen
& Bath Industry Co.,
Ltd.
Ningbo Oulin Kitchen Utensils Ningbo Oulin Kitchen 33.51
Co., Ltd. Utensils Co., Ltd.
Primy Cooperation Limited..... Primy Cooperation 33.51
Limited.
Shunde Foodstuffs Import & Bonke Kitchen & 33.51
Export Company Limited of Sanitary Industrial
Guangdong. Co., Ltd.
Zhongshan Newecan Enterprise Zhongshan Xintian 33.51
Development Corporation. Hardware Co., Ltd.
Zhuhai Kohler Kitchen & Zhuhai Kohler Kitchen 33.51
Bathroom Products Co., Ltd. & Bathroom Products
Co., Ltd.
PRC-Wide Rate *............... ...................... 76.53
------------------------------------------------------------------------
* 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, FoShan Fancome
Trading Co., Ltd, and Shenzen Kehuaxing Industrial Ltd.
This notice constitutes the antidumping duty order with respect to
drawn sinks from the PRC pursuant to section 736(a) of the Act.
Interested parties may contact the Department's Central Records Unit,
Room 7043 of the main Commerce building, for copies of an updated list
of antidumping duty orders currently in effect.
This order and amended final determination are published in
accordance with sections 736(a) and 735(e) of the Act and 19 CFR
351.211 and 351.224(e).
Dated: April 8, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-08649 Filed 4-10-13; 8:45 am]
BILLING CODE 3510-DS-P
