Drawn Stainless Steel Sinks From the People's Republic of China: Final Rescission of Antidumping Duty New Shipper Review; 2012-2013, 4247-4248 [2015-01502]

Download as PDF Federal Register / Vol. 80, No. 17 / Tuesday, January 27, 2015 / Notices subsequent assessment of double antidumping duties. Notifications to Interested Parties This notice serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. We are issuing and publishing these results of review in accordance with sections 751(a)(1), 751(a)(2)(B) and 777(i)(1) of the Act. Dated: January 20, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Issues and Decision Memo 1. Surrogate Value for Truck Freight 2. Using the Sigma Cap and Unreported Affiliate Distances 3. By-Products Offsets CPZ/SKF Issues 4. Collapsing of Shanghai General Bearing Co., Ltd. and CPZ/SKF 5. Adverse Facts Available for CPZ/SKF 6. Market Economy Purchases of Steel 7. Calculation of Input Freight 8. Including Certain Fees in International Freight Expenses 9. Treatment of Value Added Tax Tainai Issues 10. AFA for Tainai [FR Doc. 2015–01489 Filed 1–26–15; 8:45 a.m.] 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: Final Rescission of Antidumping Duty New Shipper Review; 2012–2013 Enforcement of Compliance, International Trade Administration, Department of Commerce. SUMMARY: On September 30, 2014, the Department of Commerce (‘‘Department’’) published its preliminary intent to rescind the new shipper review (‘‘NSR’’) of the antidumping duty order on drawn stainless steel sinks (‘‘drawn sinks’’) from the People’s Republic of China asabaliauskas on DSK5VPTVN1PROD with NOTICES AGENCY: VerDate Sep<11>2014 18:01 Jan 26, 2015 Jkt 235001 (‘‘PRC’’) covering the period of review (‘‘POR’’) of October 4, 2012 through October 14, 2013 for Hubei Foshan Success Imp. & Exp. Co. Ltd. (‘‘Foshan Success’’).1 Based on our analysis of comments received subsequent to the Preliminary Rescission, the Department continues to find that Foshan Success’ sale was not bona fide. As a result, the Department is rescinding this NSR. DATES: Effective Date: January 27, 2015. 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: 4247 Final Rescission of New Shipper Review As we explain in the Issues and Decision Memorandum and in the proprietary Foshan Success Bona Fides Memorandum 5 issued with the Preliminary Rescission, due to the totality of circumstances, including the price and quantity of Foshan Success’ single sale and the importer’s failure to provide evidence that the subject merchandise was resold at a profit, we continue to find that Foshan Success’ sale is not bona fide. As a result, we are rescinding the new shipper review of Foshan Success. Analysis of Comments Received All issues raised in the case and rebuttal briefs are addressed in the Issues and Decision Memorandum, which is dated concurrently and is Background hereby adopted by this notice. A list of the issues raised in the briefs and On September 30, 2014, the addressed in the Issues and Decision Department published the Preliminary Rescission. On October 22, 2014, Foshan Memorandum is appended to this notice. The Issues and Decision Success submitted a case brief. On Memorandum is a public document and November 4, 2014, Petitioner 2 submitted a rebuttal brief. On December is on file electronically via Enforcement and Compliance’s centralized electronic 12, 2014, the Department extended the service system (‘‘ACCESS’’).6 ACCESS is time period for issuing the final results available to registered users at http:// by 30 days until January 21, 2015.3 access.trade.gov and in the Scope of the Order Department’s Central Records Unit, Room 7064 of the main Department of The products covered by the scope of the order are drawn stainless steel sinks Commerce building. In addition, a complete version of the Issues and with single or multiple drawn bowls, Decision Memorandum can be accessed with or without drain boards, whether directly on the Internet at http:// finished or unfinished, regardless of enforcement.trade.gov/frn/index.html. type of finish, gauge, or grade of stainless steel. The products covered by The signed and electronic versions of the Issues and Decision Memorandum this order are currently classified in the are identical in content. Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) under Cash Deposit Requirements statistical reporting numbers Effective upon publication of the final 7324.10.0000 and 7324.10.00.10. rescission of the NSR of Foshan Although the HTSUS subheadings are Success, the Department will instruct provided for convenience and customs CBP to discontinue the option of posting purposes, the written description of the a bond or security in lieu of a cash 4 scope is dispositive. 1 See Drawn Stainless Steel Sinks From the People’s Republic of China: Preliminary Intent To Rescind Antidumping Duty New Shipper Review; 2012–2013, 79 FR 58743 (September 30, 2014) (‘‘Preliminary Rescission’’). 2 Petitioner is Elkay Manufacturing Company. 3 See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, re: Extension of Deadline for Final Results of New Shipper Review of Drawn Stainless Steel Sinks From the People’s Republic of China, dated December 12, 2014. 4 See ‘‘Issues and Decision Memorandum for Final 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 concurrently with this notice (‘‘Issues and Decision Memorandum’’) and hereby PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 adopted by this notice, for a complete description of the Scope of the Order. 5 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.,’’ dated September 23, 2014. 6 On November 24, 2014, Enforcement and Compliance changed the name of Enforcement and Compliance’s AD and CVD Centralized Electronic Service System (‘‘IA ACCESS’’) to AD and CVD Centralized Electronic Service System (‘‘ACCESS’’). The Web site location was changed from http:// iaaccess.trade.gov to http://access.trade.gov. The Final Rule changing the references to the Regulations can be found at 79 FR 69046 (November 20, 2014). E:\FR\FM\27JAN1.SGM 27JAN1 4248 Federal Register / Vol. 80, No. 17 / Tuesday, January 27, 2015 / Notices deposit for entries of subject merchandise by Foshan Success. Cash deposits will be required for exports of subject merchandise by Foshan Success entered, or withdrawn from warehouse, for consumption on or after the publication date at the PRC-wide rate. Assessment Instructions As the result of the rescission of NSR of Foshan Success, the entries of Foshan Success covered by this NSR will be assessed at the PRC-wide rate. Notification to Importers This notice serves as a reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping and/or countervailing duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary of Commerce’s presumption that reimbursement of the antidumping and/or countervailing duties occurred and the subsequent assessment of double antidumping duties. Return of Destruction of Proprietary Information This notice serves as a reminder to parties subject to the administrative protective order (‘‘APO’’) of their responsibility concerning the disposition of proprietary information disclosed under the APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This notice is issued and published in accordance with sections 751(a)(2)(B) and 777(i) of the Act, and 19 CFR 351.214. Dated: January 21, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. asabaliauskas on DSK5VPTVN1PROD with NOTICES Appendix—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Issues Comment 1: Whether Foshan Success’ Sale is Bona Fide [FR Doc. 2015–01502 Filed 1–26–15; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 18:01 Jan 26, 2015 Jkt 235001 DEPARTMENT OF COMMERCE International Trade Administration [A–588–804, A–412–801] Ball Bearings and Parts Thereof From Japan and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews; 2010–2011 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On September 23, 2014, the Department of Commerce (the Department) published the preliminary results of the administrative reviews of the antidumping duty orders on ball bearings and parts thereof from Japan and the United Kingdom.1 2 The period of review (POR) is May 1, 2010, through April 30, 2011. For these final results, we continue to find that sales of the subject merchandise have been made at prices below normal value. DATES: Effective Date: January 27, 2015. FOR FURTHER INFORMATION CONTACT: Thomas Schauer, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0410. SUPPLEMENTARY INFORMATION: AGENCY: Background On September 23, 2014, the Department published, and invited interested parties to comment on, the Preliminary Results.3 We received case and rebuttal briefs from various parties to the United Kingdom review and held a hearing on December 4, 2014, for the United Kingdom review. We received no case and rebuttal briefs from interested parties for the Japan review. The Department conducted these administrative reviews in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). Scope of the Orders The products covered by the Orders are ball bearings and parts thereof. 1 See Ball Bearings and Parts Thereof From Japan and the United Kingdom: Preliminary Results of Antidumping Duty Administrative Review; 2010– 2011, 79 FR 56771 (September 23, 2014) (Preliminary Results). 2 See Antidumping Duty Orders: Ball Bearings, Cylindrical Roller Bearings, and Spherical Plain Bearings, and Parts Thereof From Japan, 54 FR 20904 (May 15, 1989), and Antidumping Duty Orders and Amendments to the Final Determinations of Sales at Less Than Fair Value: Ball Bearings, and Cylindrical Roller Bearings and Parts Thereof From the United Kingdom, 54 FR 20910 (May 15, 1989). 3 Id. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 These products include all antifriction bearings that employ balls as the rolling element. Imports of these products are classified under the following categories: antifriction balls, ball bearings with integral shafts, ball bearings (including radial ball bearings) and parts thereof, and housed or mounted ball bearing units and parts thereof. Imports of these products are classified under the following Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 3926.90.45, 4016.93.10, 4016.93.50, 6909.19.50.10, 8414.90.41.75, 8431.20.00, 8431.39.00.10, 8482.10.10, 8482.10.50, 8482.80.00, 8482.91.00, 8482.99.05, 8482.99.35, 8482.99.25.80, 8482.99.65.95, 8483.20.40, 8483.20.80, 8483.30.40, 8483.30.80, 8483.50.90, 8483.90.20, 8483.90.30, 8483.90.70, 8708.50.50, 8708.60.50, 8708.60.80, 8708.93.30, 8708.93.60.00, 8708.99.06, 8708.99.31.00, 8708.99.40.00, 8708.99.49.60, 8708.99.58, 8708.99.80.15, 8708.99.80.80, 8803.10.00, 8803.20.00, 8803.30.00, 8803.90.30, 8803.90.90, 8708.30.50.90, 8708.40.75.70, 8708.40.75.80, 8708.50.79.00, 8708.50.89.00, 8708.50.91.50, 8708.50.99.00, 8708.70.60.60, 8708.80.65.90, 8708.93.75.00, 8708.94.75, 8708.95.20.00, 8708.99.55.00, 8708.99.68, and 8708.99.81.80. Although the HTSUS item numbers above are provided for convenience and customs purposes, the written description of the scope of the orders remains dispositive. The size or precision grade of a bearing does not influence whether the bearing is covered by one of the orders. The orders cover all the subject bearings and parts thereof (inner race, outer race, cage, rollers, balls, seals, shields, etc.) outlined above with certain limitations. With regard to finished parts, all such parts are included in the scope of the orders. For unfinished parts, such parts are included if they have been heattreated or if heat treatment is not required to be performed on the part. Thus, the only unfinished parts that are not covered by the orders are those that will be subject to heat treatment after importation. The ultimate application of a bearing also does not influence whether the bearing is covered by the orders. Bearings designed for highly specialized applications are not excluded. Any of the subject bearings, regardless of whether they may ultimately be utilized in aircraft, automobiles, or other equipment, are within the scope of the orders. E:\FR\FM\27JAN1.SGM 27JAN1

Agencies

[Federal Register Volume 80, Number 17 (Tuesday, January 27, 2015)]
[Notices]
[Pages 4247-4248]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01502]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-983]


Drawn Stainless Steel Sinks From the People's Republic of China: 
Final Rescission of Antidumping Duty New Shipper Review; 2012-2013

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

SUMMARY: On September 30, 2014, the Department of Commerce 
(``Department'') published its preliminary intent to rescind the new 
shipper review (``NSR'') of the antidumping duty order on drawn 
stainless steel sinks (``drawn sinks'') from the People's Republic of 
China (``PRC'') covering the period of review (``POR'') of October 4, 
2012 through October 14, 2013 for Hubei Foshan Success Imp. & Exp. Co. 
Ltd. (``Foshan Success'').\1\ Based on our analysis of comments 
received subsequent to the Preliminary Rescission, the Department 
continues to find that Foshan Success' sale was not bona fide. As a 
result, the Department is rescinding this NSR.
---------------------------------------------------------------------------

    \1\ See Drawn Stainless Steel Sinks From the People's Republic 
of China: Preliminary Intent To Rescind Antidumping Duty New Shipper 
Review; 2012-2013, 79 FR 58743 (September 30, 2014) (``Preliminary 
Rescission'').

---------------------------------------------------------------------------
DATES: Effective Date: January 27, 2015.

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 September 30, 2014, the Department published the Preliminary 
Rescission. On October 22, 2014, Foshan Success submitted a case brief. 
On November 4, 2014, Petitioner \2\ submitted a rebuttal brief. On 
December 12, 2014, the Department extended the time period for issuing 
the final results by 30 days until January 21, 2015.\3\
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    \2\ Petitioner is Elkay Manufacturing Company.
    \3\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, re: 
Extension of Deadline for Final Results of New Shipper Review of 
Drawn Stainless Steel Sinks From the People's Republic of China, 
dated December 12, 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.\4\
---------------------------------------------------------------------------

    \4\ See ``Issues and Decision Memorandum for Final 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 concurrently with this notice (``Issues and 
Decision Memorandum'') and hereby adopted by this notice, for a 
complete description of the Scope of the Order.
---------------------------------------------------------------------------

Final Rescission of New Shipper Review

    As we explain in the Issues and Decision Memorandum and in the 
proprietary Foshan Success Bona Fides Memorandum \5\ issued with the 
Preliminary Rescission, due to the totality of circumstances, including 
the price and quantity of Foshan Success' single sale and the 
importer's failure to provide evidence that the subject merchandise was 
resold at a profit, we continue to find that Foshan Success' sale is 
not bona fide. As a result, we are rescinding the new shipper review of 
Foshan Success.
---------------------------------------------------------------------------

    \5\ 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.,'' dated September 23, 
2014.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are addressed in 
the Issues and Decision Memorandum, which is dated concurrently and is 
hereby adopted by this notice. A list of the issues raised in the 
briefs and addressed in the Issues and Decision Memorandum is appended 
to this notice. The Issues and Decision Memorandum is a public document 
and is on file electronically via Enforcement and Compliance's 
centralized electronic service system (``ACCESS'').\6\ ACCESS is 
available to registered users at http://access.trade.gov and in the 
Department's Central Records Unit, Room 7064 of the main Department of 
Commerce building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed and electronic 
versions of the Issues and Decision Memorandum are identical in 
content.
---------------------------------------------------------------------------

    \6\ On November 24, 2014, Enforcement and Compliance changed the 
name of Enforcement and Compliance's AD and CVD Centralized 
Electronic Service System (``IA ACCESS'') to AD and CVD Centralized 
Electronic Service System (``ACCESS''). The Web site location was 
changed from http://iaaccess.trade.gov to http://access.trade.gov. 
The Final Rule changing the references to the Regulations can be 
found at 79 FR 69046 (November 20, 2014).
---------------------------------------------------------------------------

Cash Deposit Requirements

    Effective upon publication of the final rescission of the NSR of 
Foshan Success, the Department will instruct CBP to discontinue the 
option of posting a bond or security in lieu of a cash

[[Page 4248]]

deposit for entries of subject merchandise by Foshan Success. Cash 
deposits will be required for exports of subject merchandise by Foshan 
Success entered, or withdrawn from warehouse, for consumption on or 
after the publication date at the PRC-wide rate.

Assessment Instructions

    As the result of the rescission of NSR of Foshan Success, the 
entries of Foshan Success covered by this NSR will be assessed at the 
PRC-wide rate.

Notification to Importers

    This notice serves as a reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries during this review period. 
Failure to comply with this requirement could result in the Secretary 
of Commerce's presumption that reimbursement of the antidumping and/or 
countervailing duties occurred and the subsequent assessment of double 
antidumping duties.

Return of Destruction of Proprietary Information

    This notice serves as a reminder to parties subject to the 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
the APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return or destruction of APO materials, or conversion 
to judicial protective order, is hereby requested. Failure to comply 
with the regulations and the terms of an APO is a sanctionable 
violation.
    This notice is issued and published in accordance with sections 
751(a)(2)(B) and 777(i) of the Act, and 19 CFR 351.214.

    Dated: January 21, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Whether Foshan Success' Sale is Bona Fide

[FR Doc. 2015-01502 Filed 1-26-15; 8:45 am]
BILLING CODE 3510-DS-P