Drawn Stainless Steel Sinks From the People's Republic of China: Preliminary Intent To Rescind Antidumping Duty New Shipper Review; 2012-2013, 58743-58744 [2014-23285]

Download as PDF Federal Register / Vol. 79, No. 189 / Tuesday, September 30, 2014 / Notices 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 the new shipper review should submit applications for disclosure under administrative protective order in accordance with 19 CFR 351.305 and 351.306. This initiation and notice are published in accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i). Dated: September 24, 2014. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2014–23289 Filed 9–29–14; 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: Preliminary Intent To Rescind Antidumping Duty New Shipper Review; 2012–2013 Enforcement of Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘Department’’) is conducting a new shipper review (‘‘NSR’’) of the antidumping duty order on drawn stainless steel sinks (‘‘drawn sinks’’) from the People’s Republic of China (‘‘PRC’’). The period of review (‘‘POR’’) is October 4, 2012 through October 14, 2013. The review covers one exporter of subject merchandise, Hubei Foshan Success Imp. & Exp. Co. Ltd. (‘‘Foshan Success’’). The Department preliminarily determines that Foshan Success’ sale to the United States was not bona fide and is preliminarily rescinding this NSR. Interested parties are invited to comment on these preliminary results. DATES: Effective Date: September 30, 2014. FOR FURTHER INFORMATION CONTACT: Joy Zhang or Erin Begnal, 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 or (202) 482– 1442, respectively. SUPPLEMENTARY INFORMATION: tkelley on DSK3SPTVN1PROD with NOTICES AGENCY: VerDate Sep<11>2014 18:09 Sep 29, 2014 Jkt 232001 58743 Background On November 27, 2013, the Department initiated an NSR of the antidumping duty order on drawn sinks from the PRC, exported by Foshan Success and produced by Jiangmen Xinhe Stainless Steel Products Co., Ltd.1 The POR is October 4, 2012, through October 14, 2013. On May 6, 2014, the Department extended the time period for issuing the preliminary results by 120 days until September 23, 2014.2 Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/ index.html. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. Scope of the Order The products covered by the scope of the order are drawn stainless steel 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. The products covered by this order are currently classified in the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) under statistical reporting numbers 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.3 As discussed in the Preliminary Decision Memorandum, the Department preliminarily finds that the sale by Foshan Success is not a bona fide sale and that the sale does not provide a reasonable or reliable basis for calculating a dumping margin.4 The Department reached this conclusion based on the totality of circumstances, namely: (1) The price and quantity of Foshan Success’ single sale; (2) the importer’s failure to provide evidence that the subject merchandise was resold at a profit; and (3) expenses arising from making the transaction.5 Because this non-bona fide sale was the only sale of subject merchandise during the POR, the Department is preliminarily rescinding the NSR. Preliminary Rescission of New Shipper Review Methodology The Department conducted this review in accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as amended (‘‘the Act’’) and 19 CFR 351.214. For a full description of the methodology underlying our conclusions, see the Appendix accompanying this notice and the Preliminary Decision Memorandum. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (‘‘IA ACCESS’’). IA ACCESS is available to registered users at http:// iaaccess.trade.gov and in the Central Records Unit, room 7046 of the main The Department intends to disclose the analysis performed to parties to the proceeding within five days after the date of publication of this notice.6 Interested parties are invited to comment on the preliminary results of this review. Interested parties may submit case briefs no later than 30 days after the date of publication of the preliminary results of review.7 Rebuttal briefs, limited to issues raised in such briefs, may be filed no later than five days after the time limit for filing the case briefs.8 Any interested party may request a hearing within 30 days of publication of the preliminary results in the Federal 1 See Drawn Stainless Steel Sinks from the People’s Republic of China: Initiation of New Shipper Review, 78 FR 72864 (December 4, 2013). 2 See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, re: Extension of Deadline for Preliminary Results of New Shipper Review of Drawn Stainless Steel Sinks from the People’s Republic of China, dated May 6, 2014. 3 See ‘‘Issues and Decision Memorandum for Preliminary Results of Antidumping Duty New Shipper Review: Drawn Stainless Steel Sinks from the People’s Republic of China’’ from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations to Paul Piquado, Assistant Secretary for Enforcement and Compliance, dated September 23, 2014 (‘‘Preliminary Decision Memorandum’’) and hereby adopted by this notice, for a complete description of the Scope of the Order. 4 See Memorandum to Melissa Skinner, Director, Office III, Antidumping and Countervailing Duty Operations, through Erin Begnal, Program Manager, Office III, Antidumping and Countervailing Duty Operations, from Joy Zhang, International Trade Analyst, titled ‘‘Antidumping Duty New Shipper Review of Drawn Stainless Steel Sinks from the People’s Republic of China: Bona Fide Sales Analysis for Hubei Foshan Success Imp. & Exp. Co., Ltd.,’’ (Bona fides Memorandum) dated concurrently and hereby adopted by this notice. 5 See id. 6 See 19 CFR 351.224(b). 7 See 19 CFR 351.309(c)(1)(ii); Parties submitting written comments must submit them pursuant to the Department’s e-filing regulations. See 19 CFR 351.303 (for general filing requirements); see also https://iaaccess.trade.gov/help/ IA%20ACCESS%20User%20Guide.pdf. 8 See 19 CFR 351.309(d)(1)–(2). PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 Disclosure and Public Comments E:\FR\FM\30SEN1.SGM 30SEN1 58744 Federal Register / Vol. 79, No. 189 / Tuesday, September 30, 2014 / Notices Register.9 Hearing requests should contain the following information: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. Oral presentations will be limited to issues raised in the briefs. If a request for a hearing is made, parties will be notified of the time and date for the hearing to be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.10 The Department intends to issue the final results of this NSR, which will include the results of its analysis of issues raised in all comments and at any hearing, within 90 days of publication of these preliminary results, pursuant to section 751(a)(2)(B)(iv) of the Act. tkelley on DSK3SPTVN1PROD with NOTICES Assessment Rates Upon completion of the final results, pursuant to 19 CFR 351.212(b), the Department will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries. If we proceed to a final rescission of this NSR, Foshan Success’ entry will be assessed at the rate entered.11 If we do not proceed to a final rescission of this NSR, pursuant to 19 CFR 351.212(b)(1), we will calculate importer-specific (or customer) ad valorem duty assessment rates. We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review if any importer-specific assessment rate calculated in the final results of this review is above de minimis.12 In either case, the Department intends to issue assessment instructions to CBP 15 days after the date of publication of the final results of review. The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable. Cash Deposit Requirements Effective upon publication of the final rescission or the final results of this NSR, pursuant to section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e), the Department will instruct CBP to discontinue the option of posting a bond or security in lieu of a cash deposit for entries of subject merchandise by Foshan Success. If the Department proceeds to a final rescission of this NSR, the cash deposit 9 See 19 CFR 351.310(c). 19 CFR 351.310(d). 11 See 19 CFR 351.212(c). 12 See 19 CFR 351.106(c)(2). 10 See VerDate Sep<11>2014 18:09 Sep 29, 2014 rate will continue to be the PRC-wide rate for Foshan Success because the Department will not have determined an individual margin of dumping for Foshan Success. If the Department issues final results for this NSR, the Department will instruct CBP to collect cash deposits, effective upon the publication of the final results, at the rates established therein. Notification to Interested Parties This notice serves as a preliminary reminder to importers of their responsibility under 19 FR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. We are issuing and publishing this determination in accordance with sections 751(a)(2)(B) and 777(i)(1) of the Act. Dated: September 23, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum Summary Background Scope of the Order Discussion of the Methodology Bona fides Analysis Conclusion [FR Doc. 2014–23285 Filed 9–29–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–909] Certain Steel Nails From the People’s Republic of China: Preliminary Results of the Antidumping Duty Administrative Review; 2012–2013 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘Department’’) is conducting the fifth administrative review of the antidumping duty order on certain steel nails (‘‘nails’’) from the People’s Republic of China (‘‘PRC’’).1 The AGENCY: 1 See Notice of Antidumping Duty Order: Certain Steel Nails From the People’s Republic of China, 73 FR 44961 (August 1, 2008) (‘‘Order’’). Jkt 232001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 Department preliminarily determines that Stanley Works (Langfang) Fastening Systems Co., Ltd. and Stanley Black & Decker, Inc. (collectively ‘‘Stanley’’) and Xi’an Metals & Minerals Import & Export Co. Ltd. (‘‘Xi’an Metals’’) sold subject merchandise in the United States at prices below normal value (‘‘NV’’) during the period of review (‘‘POR’’), August 1, 2012, through July 31, 2013. If these preliminary results are adopted in the final results, the Department will instruct U.S. Customs and Border Protection (‘‘CBP’’) to assess antidumping duties on all appropriate entries of subject merchandise during the POR. Interested parties are invited to comment on these preliminary results. DATES: Effective Date: September 30, 2014. FOR FURTHER INFORMATION CONTACT: Matthew Renkey or Susan Pulongbarit, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone 202– 482–2312 or 202–482–4031, respectively. SUPPLEMENTARY INFORMATION: Background On October 2, 2013, the Department initiated the fifth administrative review of the antidumping duty order on nails from the PRC for the period August 1, 2012, through July 31, 2013.2 As explained in the memorandum from the Assistant Secretary for Enforcement and Compliance, the Department exercised its discretion to toll deadlines for the duration of the closure of the Federal Government from October 1, through October 16, 2013.3 On April 28, 2014, the Department fully extended the deadline for issuing the preliminary results by 120 days.4 The revised 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 78 FR 60834 (October 2, 2013) (‘‘Initiation Notice’’). On November 8, 2013, the Department published a second notice to list two companies that were inadvertently omitted from the Initiation Notice. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 78 FR 67104 (November 8, 2013). 3 See Memorandum for the Record from Paul Piquado, Assistant Secretary for Enforcement and Compliance, ‘‘Deadlines Affected by the Shutdown of the Federal Government’’ (October 18, 2013). 4 See Memorandum to Gary Taverman, Senior Advisor for Antidumping and Countervailing Duty Operations, through James C. Doyle, Director, Office V, Antidumping and Countervailing Duty Operations regarding ‘‘Certain Steel Nails from the People’s Republic of China: Extension of Deadline for Preliminary Results of 2012–2013 Antidumping Duty Administrative Review,’’ dated April 28, 2014. E:\FR\FM\30SEN1.SGM 30SEN1

Agencies

[Federal Register Volume 79, Number 189 (Tuesday, September 30, 2014)]
[Notices]
[Pages 58743-58744]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-23285]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-983]


Drawn Stainless Steel Sinks From the People's Republic of China: 
Preliminary Intent To Rescind Antidumping Duty New Shipper Review; 
2012-2013

AGENCY: Enforcement of Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (``Department'') is conducting a 
new shipper review (``NSR'') of the antidumping duty order on drawn 
stainless steel sinks (``drawn sinks'') from the People's Republic of 
China (``PRC''). The period of review (``POR'') is October 4, 2012 
through October 14, 2013. The review covers one exporter of subject 
merchandise, Hubei Foshan Success Imp. & Exp. Co. Ltd. (``Foshan 
Success''). The Department preliminarily determines that Foshan 
Success' sale to the United States was not bona fide and is 
preliminarily rescinding this NSR. Interested parties are invited to 
comment on these preliminary results.

DATES: Effective Date: September 30, 2014.

FOR FURTHER INFORMATION CONTACT: Joy Zhang or Erin Begnal, 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 or (202) 482-1442, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On November 27, 2013, the Department initiated an NSR of the 
antidumping duty order on drawn sinks from the PRC, exported by Foshan 
Success and produced by Jiangmen Xinhe Stainless Steel Products Co., 
Ltd.\1\ The POR is October 4, 2012, through October 14, 2013. On May 6, 
2014, the Department extended the time period for issuing the 
preliminary results by 120 days until September 23, 2014.\2\
---------------------------------------------------------------------------

    \1\ See Drawn Stainless Steel Sinks from the People's Republic 
of China: Initiation of New Shipper Review, 78 FR 72864 (December 4, 
2013).
    \2\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, re: 
Extension of Deadline for Preliminary Results of New Shipper Review 
of Drawn Stainless Steel Sinks from the People's Republic of China, 
dated May 6, 2014.
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the scope of the order are drawn stainless 
steel 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. The products covered by this order 
are currently classified in the Harmonized Tariff Schedule of the 
United States (``HTSUS'') under statistical reporting numbers 
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.\3\
---------------------------------------------------------------------------

    \3\ See ``Issues and Decision Memorandum for Preliminary Results 
of Antidumping Duty New Shipper Review: Drawn Stainless Steel Sinks 
from the People's Republic of China'' from Christian Marsh, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations to Paul Piquado, Assistant Secretary for Enforcement and 
Compliance, dated September 23, 2014 (``Preliminary Decision 
Memorandum'') and hereby adopted by this notice, for a complete 
description of the Scope of the Order.
---------------------------------------------------------------------------

Methodology

    The Department conducted this review in accordance with section 
751(a)(2)(B) of the Tariff Act of 1930, as amended (``the Act'') and 19 
CFR 351.214. For a full description of the methodology underlying our 
conclusions, see the Appendix accompanying this notice and the 
Preliminary Decision Memorandum. The Preliminary Decision Memorandum is 
a public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (``IA ACCESS''). IA ACCESS is available to registered 
users at http://iaaccess.trade.gov and in the Central Records Unit, 
room 7046 of the main Department of Commerce building. In addition, a 
complete version of the Preliminary Decision Memorandum can be accessed 
directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision Memorandum and the 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Preliminary Rescission of New Shipper Review

    As discussed in the Preliminary Decision Memorandum, the Department 
preliminarily finds that the sale by Foshan Success is not a bona fide 
sale and that the sale does not provide a reasonable or reliable basis 
for calculating a dumping margin.\4\ The Department reached this 
conclusion based on the totality of circumstances, namely: (1) The 
price and quantity of Foshan Success' single sale; (2) the importer's 
failure to provide evidence that the subject merchandise was resold at 
a profit; and (3) expenses arising from making the transaction.\5\ 
Because this non-bona fide sale was the only sale of subject 
merchandise during the POR, the Department is preliminarily rescinding 
the NSR.
---------------------------------------------------------------------------

    \4\ See Memorandum to Melissa Skinner, Director, Office III, 
Antidumping and Countervailing Duty Operations, through Erin Begnal, 
Program Manager, Office III, Antidumping and Countervailing Duty 
Operations, from Joy Zhang, International Trade Analyst, titled 
``Antidumping Duty New Shipper Review of Drawn Stainless Steel Sinks 
from the People's Republic of China: Bona Fide Sales Analysis for 
Hubei Foshan Success Imp. & Exp. Co., Ltd.,'' (Bona fides 
Memorandum) dated concurrently and hereby adopted by this notice.
    \5\ See id.
---------------------------------------------------------------------------

Disclosure and Public Comments

    The Department intends to disclose the analysis performed to 
parties to the proceeding within five days after the date of 
publication of this notice.\6\
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------

    Interested parties are invited to comment on the preliminary 
results of this review. Interested parties may submit case briefs no 
later than 30 days after the date of publication of the preliminary 
results of review.\7\ Rebuttal briefs, limited to issues raised in such 
briefs, may be filed no later than five days after the time limit for 
filing the case briefs.\8\
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.309(c)(1)(ii); Parties submitting written 
comments must submit them pursuant to the Department's e-filing 
regulations. See 19 CFR 351.303 (for general filing requirements); 
see also https://iaaccess.trade.gov/help/IA%20ACCESS%20User%20Guide.pdf.
    \8\ See 19 CFR 351.309(d)(1)-(2).
---------------------------------------------------------------------------

    Any interested party may request a hearing within 30 days of 
publication of the preliminary results in the Federal

[[Page 58744]]

Register.\9\ Hearing requests should contain the following information: 
(1) The party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of the issues to be discussed. Oral 
presentations will be limited to issues raised in the briefs. If a 
request for a hearing is made, parties will be notified of the time and 
date for the hearing to be held at the U.S. Department of Commerce, 
1401 Constitution Avenue NW., Washington, DC 20230.\10\
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.310(c).
    \10\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    The Department intends to issue the final results of this NSR, 
which will include the results of its analysis of issues raised in all 
comments and at any hearing, within 90 days of publication of these 
preliminary results, pursuant to section 751(a)(2)(B)(iv) of the Act.

Assessment Rates

    Upon completion of the final results, pursuant to 19 CFR 
351.212(b), the Department will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries. If we proceed to a final rescission of this NSR, Foshan 
Success' entry will be assessed at the rate entered.\11\ If we do not 
proceed to a final rescission of this NSR, pursuant to 19 CFR 
351.212(b)(1), we will calculate importer-specific (or customer) ad 
valorem duty assessment rates. We will instruct CBP to assess 
antidumping duties on all appropriate entries covered by this review if 
any importer-specific assessment rate calculated in the final results 
of this review is above de minimis.\12\
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.212(c).
    \12\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    In either case, the Department intends to issue assessment 
instructions to CBP 15 days after the date of publication of the final 
results of review. The final results of this review shall be the basis 
for the assessment of antidumping duties on entries of merchandise 
covered by the final results of this review and for future deposits of 
estimated duties, where applicable.

Cash Deposit Requirements

    Effective upon publication of the final rescission or the final 
results of this NSR, pursuant to section 751(a)(2)(B)(iii) of the Act 
and 19 CFR 351.214(e), the Department will instruct CBP to discontinue 
the option of posting a bond or security in lieu of a cash deposit for 
entries of subject merchandise by Foshan Success. If the Department 
proceeds to a final rescission of this NSR, the cash deposit rate will 
continue to be the PRC-wide rate for Foshan Success because the 
Department will not have determined an individual margin of dumping for 
Foshan Success. If the Department issues final results for this NSR, 
the Department will instruct CBP to collect cash deposits, effective 
upon the publication of the final results, at the rates established 
therein.

Notification to Interested Parties

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 FR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing this determination in accordance with 
sections 751(a)(2)(B) and 777(i)(1) of the Act.

    Dated: September 23, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

Summary
Background
Scope of the Order
Discussion of the Methodology Bona fides Analysis
Conclusion

[FR Doc. 2014-23285 Filed 9-29-14; 8:45 am]
BILLING CODE 3510-DS-P