Drawn Stainless Steel Sinks From the People's Republic of China: Initiation of New Shipper Review, 72864-72865 [2013-29022]
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Federal Register / Vol. 78, No. 233 / Wednesday, December 4, 2013 / Notices
States within a reasonably foreseeable
time.3
DEPARTMENT OF COMMERCE
International Trade Administration
Scope of the Order
The merchandise subject to the order
is circular welded pipe. The pipe
products that are the subject of this
order are currently classifiable in
Harmonized Tariff Schedule of the
United States (HTSUS) statistical
reporting numbers 7306.30.10.00,
7306.30.50.25, 7306.30.50.32,
7306.30.50.40, 7306.30.50.55,
7306.30.50.85, 7306.30.50.90,
7306.50.10.00, 7306.50.50.50,
7306.50.50.70, 7306.19.10.10,
7306.19.10.50, 7306.19.51.10, and
7306.19.51.50. However, the product
description, and not the HTSUS
classification, is dispositive of whether
merchandise imported into the United
States falls within the scope of the
order.4
Continuation of the Order
As a result of the determinations by
the Department and the ITC that
revocation of the CVD order would
likely lead to continuation or recurrence
of net countervailable subsidies and
material injury to an industry in the
United States, pursuant to section
751(d)(2) of the Act, the Department
hereby orders the continuation of the
CVD order on circular welded pipe from
the PRC. U.S. Customs and Border
Protection will continue to collect cash
deposits at the rates in effect at the time
of entry for all imports of subject
merchandise. The effective date of
continuation of this order will be the
date of publication in the Federal
Register of this notice of continuation.
Pursuant to section 751(c)(2) of the Act,
the Department intends to initiate the
next five-year review of this order not
later than 30 days prior to the fifth
anniversary of the effective date of
continuation.
This five-year sunset review and
notice are in accordance with section
751(c) of the Act and published
pursuant to section 777(i)(1) of the Act
and 19 CFR 351.218(f)(4).
Dated: November 26, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
EMCDONALD on DSK67QTVN1PROD with NOTICES
[FR Doc. 2013–29027 Filed 12–3–13; 8:45 am]
BILLING CODE 3510–DS–P
3 See Circular Welded Carbon-Quality Steel Pipe
from China, 78 FR 70069 (November 22, 2013)
4 For full scope language, see Circular Welded
Carbon Quality Steel Pipe From the People’s
Republic of China: Notice of Amended Final
Affirmative Countervailing Duty Determination and
Notice of Countervailing Duty Order, 73 FR 42545
(July 22, 2008).
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17:09 Dec 03, 2013
Jkt 232001
[A–570–983]
Drawn Stainless Steel Sinks From the
People’s Republic of China: Initiation
of New Shipper Review
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the ‘‘Department’’) has determined that
a request for a new shipper review of
the antidumping duty order on drawn
stainless steel sinks (‘‘drawn sinks’’)
from the People’s Republic of China
(‘‘PRC’’), received on October 25, 2013,
meets the statutory and regulatory
requirements for initiation. The period
of review (‘‘POR’’) of this new shipper
review is October 4, 2012, through
October 14, 2013.
DATES: Effective Date: December 4, 2013.
FOR FURTHER INFORMATION CONTACT: Joy
Zhang, AD/CVD Operations, Office III,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–1168.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
The notice announcing the
antidumping duty order on drawn sinks
from the PRC was published in the
Federal Register on April 11, 2013.1 On
October 25, 2013, we received a timely
request for a new shipper review from
Foshan Success Imp. & Exp Co., Ltd.
(‘‘Success’’) in accordance with 19 CFR
351.214(c).2 Success identified itself as
an exporter of the subject merchandise.
Pursuant to the requirements set forth
in section 751(a)(2)(B)(i) of the Tariff
Act of 1930, as amended (‘‘the Act’’), 19
CFR 351.214(b)(2)(i), 19 CFR
351.214(b)(2)(ii)(A) and 19 CFR
351.214(b)(2)(iii)(A), Success certified
that: (1) It did not export drawn sinks
to the United States during the period
of investigation (‘‘POI’’); 3 (2) since the
initiation of the investigation, Success
has never been affiliated with any
company that exported subject
1 See 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, 78 FR 21592 (April 11,
2013).
2 See Letter from Success entitled ‘‘Drawn
Stainless Steel Sinks from the People’s Republic of
China: New Shipper Review Request,’’ dated
October 25, 2013.
3 Id., at Exhibit 2.
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
merchandise to the United States during
the POI; 4 and (3) its export activities
were not controlled by the central
government of the PRC.5 Success also
provided a certification from the
producer, Jiangmen Xinhe Stainless
Steel Products Co., Ltd. (‘‘Xinhe’’),
which certified that Xinhe (1) did not
export the subject merchandise to the
United States during the POI; and that
(2) Xinhe has not been affiliated with
any exporter or producer that exported
subject merchandise to the United
States during the POI, including those
not individually examined during the
POI.6 In accordance with 19 CFR
351.214(b)(2)(iv), Success submitted
documentation establishing the
following: (1) The date on which it first
shipped drawn sinks for export to the
United States and the date on which the
drawn sinks were first entered, or
withdrawn from warehouse, for
consumption; 7 (2) the volume of its first
shipment; 8 and (3) the date of its first
sale to an unaffiliated customer in the
United States.9
Period of Review
Pursuant to 19 CFR 351.214(c), an
exporter or producer may request a new
shipper review within one year of the
date on which its subject merchandise
was first entered. Moreover, 19 CFR
351.214(d)(1) states that if the request
for the review is made during the sixmonth period ending with the end of
the semiannual anniversary month, the
Secretary will initiate a new shipper
review in the calendar month
immediately following the semiannual
anniversary month. Further, 19 CFR
351.214(g)(1)(ii)(B) states that if the new
shipper review was initiated in the
month immediately following the first
semiannual anniversary month, the
review will normally cover, as
appropriate, entries, exports, or sales
during the period from the date of
suspension of liquidation under this
part to the end of the month
immediately preceding the first
semiannual anniversary month.
Therefore, the Secretary must initiate
this review in November and the POR
is October 4, 2012, through September
30, 2013.
In this instance, Success’s sale of
subject merchandise was made during
the POR specified by the Department’s
regulations, but the shipment entered
within the thirty days after the end of
4 Id.
5 Id.
6 Id.,
7 Id.,
at Exhibit 3.
at Exhibits 1 and 4.
8 Id.
9 Id.
E:\FR\FM\04DEN1.SGM
04DEN1
Federal Register / Vol. 78, No. 233 / Wednesday, December 4, 2013 / Notices
EMCDONALD on DSK67QTVN1PROD with NOTICES
that POR. When the sale of the subject
merchandise occurs within the POR
specified by the Department’s
regulations, but the entry occurs after
the POR, the specified POR may be
extended unless it would be likely to
prevent the completion of the review
within the time limits set by the
Department’s regulations.10
Additionally, the preamble to the
Department’s regulations states that
both the entry and the sale should occur
during the POR, and that under
‘‘appropriate’’ circumstances the
Department has the flexibility to extend
the POR.11 The Department finds that
extending the POR to capture this entry
would not prevent the completion of the
review within the time limits set by the
Department’s regulations. Therefore, the
Department has extended the POR for
the new shipper review of Success by
fourteen days.
Initiation of New Shipper Review
Pursuant to section 751(a)(2)(B) of the
Act and 19 CFR 351.214(d)(2), we find
that the request submitted by Success
meets the threshold requirements for
initiation of a new shipper review for
shipments of drawn sinks from the PRC
produced by Xinhe and exported by
Success. If the information supplied by
Success is later found to be incorrect 12
or insufficient during the course of this
proceeding, the Department may rescind
the review or apply adverse facts
available, depending upon the facts on
record. The Department will conduct
this review according to the deadlines
set forth in section 751(a)(2)(B)(iv) of the
Act.
It is the Department’s usual practice,
in cases involving non-market
economies, to require that a company
seeking to establish eligibility for an
antidumping duty rate separate from the
country-wide rate provide evidence of
de jure and de facto absence of
government control over the company’s
export activities. Accordingly, included
in our questionnaire will be specific
questions for ascertaining Success’s
eligibility for a separate rate. The review
will proceed if the responses provide
sufficient indication that Success is not
subject to either de jure or de facto
government control with respect to its
exports.
We will instruct CBP to allow, at the
option of the importer until the
10 See
19 CFR 351.214(f)(2)(ii).
Antidumping Duties; Countervailing
Duties; Final Rule, 62 FR 27296, 27319–320 (May
19, 1997).
12 For example, if we find that the producer
exported the subject merchandise to the United
States, or is affiliated with an exporter or producer
that exported to the United States during the POI.
11 See
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17:09 Dec 03, 2013
Jkt 232001
completion of the review, the posting of
a bond or security in lieu of a cash
deposit for each entry of the subject
merchandise exported by Success and
produced by Xinhe in accordance with
section 751(a)(2)(B)(iii) of the Act and
19 CFR 351.214(e). To assist in its
analysis of the bona fides of this
company’s sales, upon initiation of this
new shipper review, the Department
will require Success to submit on an
ongoing basis complete transaction
information concerning any sales of
subject merchandise to the United
States that were made subsequent to the
POR. Interested parties requiring access
to proprietary information in this new
shipper review should submit
applications for disclosure under
administrative protective order in
accordance with 19 CFR 351.305 and 19
CFR 351.306.
This initiation and notice are in
accordance with section 751(a)(2)(B) of
the Act and 19 CFR 351.214 and 19 CFR
351.221(c)(1)(i).
Dated: November 27, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2013–29022 Filed 12–3–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[Application No. 92–12A001]
Export Trade Certificate of Review
Notice of application to amend
the Export Trade Certificate of Review
issued to Aerospace Industries
Association of America, Inc.,
Application no. 92–12A001.
ACTION:
The Office of Trade and
Economic Analysis (‘‘OTEA’’) of the
International Trade Administration,
Department of Commerce, has received
an application to amend an Export
Trade Certificate of Review
(‘‘Certificate’’). This notice summarizes
the proposed amendment and requests
comments relevant to whether the
amended Certificate should be issued.
FOR FURTHER INFORMATION CONTACT:
Joseph Flynn, Director, Office of Trade
and Economic Analysis, International
Trade Administration, (202) 482–5131
(this is not a toll-free number) or email
at etca@trade.gov.
SUPPLEMENTARY INFORMATION: Title III of
the Export Trading Company Act of
1982 (15 U.S.C. 4001–21) authorizes the
Secretary of Commerce to issue Export
Trade Certificates of Review. An Export
SUMMARY:
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
72865
Trade Certificate of Review protects the
holder and the members identified in
the Certificate from State and Federal
government antitrust actions and from
private treble damage antitrust actions
for the export conduct specified in the
Certificate and carried out in
compliance with its terms and
conditions. Section 302(b)(1) of the
Export Trading Company Act of 1982
and 15 CFR 325.6(a) require the
Secretary to publish a notice in the
Federal Register identifying the
applicant and summarizing its proposed
export conduct.
Request for Public Comments
Interested parties may submit written
comments relevant to the determination
whether an amended Certificate should
be issued. If the comments include any
privileged or confidential business
information, it must be clearly marked
and a nonconfidential version of the
comments (identified as such) should be
included. Any comments not marked as
privileged or confidential business
information will be deemed to be
nonconfidential.
An original and five (5) copies, plus
two (2) copies of the nonconfidential
version, should be submitted no later
than 20 days after the date of this notice
to: Export Trading Company Affairs,
International Trade Administration,
U.S. Department of Commerce, Room
7025–X, Washington, DC 20230.
Information submitted by any person
is exempt from disclosure under the
Freedom of Information Act (5 U.S.C.
552). However, nonconfidential versions
of the comments will be made available
to the applicant if necessary for
determining whether or not to issue the
Certificate. Comments should refer to
this application as ‘‘Export Trade
Certificate of Review, application
number 92–12A001.’’
The Aerospace Industries Association
of America Inc. (‘‘AIA’’) original
Certificate was issued on September 8,
1992 (57 FR 41920, September 14,
1992). A summary of the current
application for an amendment follows.
Summary of the Application
Applicant: Aerospace Industries
Association of America, Inc. (‘‘AIA’’),
1000 Wilson Boulevard, Suite 1700,
Arlington, VA 22209.
Contact: Matthew F. Hall, Attorney,
Telephone: (206) 862–9700.
Application No.: 92–12A01.
Date Deemed Submitted: November
21, 2013.
Proposed Amendment: AIA seeks to
amend its Certificate to:
1. Add the following companies as
new Members of the Certificate within
E:\FR\FM\04DEN1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 233 (Wednesday, December 4, 2013)]
[Notices]
[Pages 72864-72865]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29022]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-983]
Drawn Stainless Steel Sinks From the People's Republic of China:
Initiation of New Shipper Review
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce (the ``Department'') has determined
that a request for a new shipper review of the antidumping duty order
on drawn stainless steel sinks (``drawn sinks'') from the People's
Republic of China (``PRC''), received on October 25, 2013, meets the
statutory and regulatory requirements for initiation. The period of
review (``POR'') of this new shipper review is October 4, 2012, through
October 14, 2013.
DATES: Effective Date: December 4, 2013.
FOR FURTHER INFORMATION CONTACT: Joy Zhang, AD/CVD Operations, Office
III, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-1168.
SUPPLEMENTARY INFORMATION:
Background
The notice announcing the antidumping duty order on drawn sinks
from the PRC was published in the Federal Register on April 11,
2013.\1\ On October 25, 2013, we received a timely request for a new
shipper review from Foshan Success Imp. & Exp Co., Ltd. (``Success'')
in accordance with 19 CFR 351.214(c).\2\ Success identified itself as
an exporter of the subject merchandise.
---------------------------------------------------------------------------
\1\ See 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, 78 FR 21592 (April 11, 2013).
\2\ See Letter from Success entitled ``Drawn Stainless Steel
Sinks from the People's Republic of China: New Shipper Review
Request,'' dated October 25, 2013.
---------------------------------------------------------------------------
Pursuant to the requirements set forth in section 751(a)(2)(B)(i)
of the Tariff Act of 1930, as amended (``the Act''), 19 CFR
351.214(b)(2)(i), 19 CFR 351.214(b)(2)(ii)(A) and 19 CFR
351.214(b)(2)(iii)(A), Success certified that: (1) It did not export
drawn sinks to the United States during the period of investigation
(``POI''); \3\ (2) since the initiation of the investigation, Success
has never been affiliated with any company that exported subject
merchandise to the United States during the POI; \4\ and (3) its export
activities were not controlled by the central government of the PRC.\5\
Success also provided a certification from the producer, Jiangmen Xinhe
Stainless Steel Products Co., Ltd. (``Xinhe''), which certified that
Xinhe (1) did not export the subject merchandise to the United States
during the POI; and that (2) Xinhe has not been affiliated with any
exporter or producer that exported subject merchandise to the United
States during the POI, including those not individually examined during
the POI.\6\ In accordance with 19 CFR 351.214(b)(2)(iv), Success
submitted documentation establishing the following: (1) The date on
which it first shipped drawn sinks for export to the United States and
the date on which the drawn sinks were first entered, or withdrawn from
warehouse, for consumption; \7\ (2) the volume of its first shipment;
\8\ and (3) the date of its first sale to an unaffiliated customer in
the United States.\9\
---------------------------------------------------------------------------
\3\ Id., at Exhibit 2.
\4\ Id.
\5\ Id.
\6\ Id., at Exhibit 3.
\7\ Id., at Exhibits 1 and 4.
\8\ Id.
\9\ Id.
---------------------------------------------------------------------------
Period of Review
Pursuant to 19 CFR 351.214(c), an exporter or producer may request
a new shipper review within one year of the date on which its subject
merchandise was first entered. Moreover, 19 CFR 351.214(d)(1) states
that if the request for the review is made during the six-month period
ending with the end of the semiannual anniversary month, the Secretary
will initiate a new shipper review in the calendar month immediately
following the semiannual anniversary month. Further, 19 CFR
351.214(g)(1)(ii)(B) states that if the new shipper review was
initiated in the month immediately following the first semiannual
anniversary month, the review will normally cover, as appropriate,
entries, exports, or sales during the period from the date of
suspension of liquidation under this part to the end of the month
immediately preceding the first semiannual anniversary month.
Therefore, the Secretary must initiate this review in November and the
POR is October 4, 2012, through September 30, 2013.
In this instance, Success's sale of subject merchandise was made
during the POR specified by the Department's regulations, but the
shipment entered within the thirty days after the end of
[[Page 72865]]
that POR. When the sale of the subject merchandise occurs within the
POR specified by the Department's regulations, but the entry occurs
after the POR, the specified POR may be extended unless it would be
likely to prevent the completion of the review within the time limits
set by the Department's regulations.\10\ Additionally, the preamble to
the Department's regulations states that both the entry and the sale
should occur during the POR, and that under ``appropriate''
circumstances the Department has the flexibility to extend the POR.\11\
The Department finds that extending the POR to capture this entry would
not prevent the completion of the review within the time limits set by
the Department's regulations. Therefore, the Department has extended
the POR for the new shipper review of Success by fourteen days.
---------------------------------------------------------------------------
\10\ See 19 CFR 351.214(f)(2)(ii).
\11\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27319-320 (May 19, 1997).
---------------------------------------------------------------------------
Initiation of New Shipper Review
Pursuant to section 751(a)(2)(B) of the Act and 19 CFR
351.214(d)(2), we find that the request submitted by Success meets the
threshold requirements for initiation of a new shipper review for
shipments of drawn sinks from the PRC produced by Xinhe and exported by
Success. If the information supplied by Success is later found to be
incorrect \12\ or insufficient during the course of this proceeding,
the Department may rescind the review or apply adverse facts available,
depending upon the facts on record. The Department will conduct this
review according to the deadlines set forth in section 751(a)(2)(B)(iv)
of the Act.
---------------------------------------------------------------------------
\12\ For example, if we find that the producer exported the
subject merchandise to the United States, or is affiliated with an
exporter or producer that exported to the United States during the
POI.
---------------------------------------------------------------------------
It is the Department's usual practice, in cases involving non-
market economies, to require that a company seeking to establish
eligibility for an antidumping duty rate separate from the country-wide
rate provide evidence of de jure and de facto absence of government
control over the company's export activities. Accordingly, included in
our questionnaire will be specific questions for ascertaining Success's
eligibility for a separate rate. The review will proceed if the
responses provide sufficient indication that Success is not subject to
either de jure or de facto government control with respect to its
exports.
We will instruct CBP to allow, at the option of the importer until
the completion of the review, the posting of a bond or security in lieu
of a cash deposit for each entry of the subject merchandise exported by
Success and produced by Xinhe in accordance with section
751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). To assist in its
analysis of the bona fides of this company's sales, upon initiation of
this new shipper review, the Department will require Success to submit
on an ongoing basis complete transaction information concerning any
sales of subject merchandise to the United States that were made
subsequent to the POR. Interested parties requiring access to
proprietary information in this new shipper review should submit
applications for disclosure under administrative protective order in
accordance with 19 CFR 351.305 and 19 CFR 351.306.
This initiation and notice are in accordance with section
751(a)(2)(B) of the Act and 19 CFR 351.214 and 19 CFR 351.221(c)(1)(i).
Dated: November 27, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2013-29022 Filed 12-3-13; 8:45 am]
BILLING CODE 3510-DS-P
