Drawn Stainless Steel Sinks From the People's Republic of China: Initiation of New Shipper Review, 72864-72865 [2013-29022]

Download as PDF 72864 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). VerDate Mar<15>2010 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 VerDate Mar<15>2010 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 04DEN1

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\
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    \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.
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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