Drawn Stainless Steel Sinks From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review; 2012-2014, 26227-26229 [2015-11083]
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Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Notices
notice.9 Requests should contain the
party’s name, address, and telephone
number, the number of participants, and
a list of the issues to be discussed. If a
request for a hearing is made, the
Department intends to hold the hearing
at the U.S. Department of Commerce,
14th Street and Constitution Avenue
NW., Washington, DC 20230, on a date
and at a time and location to be
Preliminary Results of the Review
determined. Parties should confirm by
In accordance with 19 CFR
telephone the date, time, and location of
351.221(b)(4)(i), we calculated an
the hearing two days before the
individual subsidy rate for Dongyuan
scheduled date.
for the period August 6, 2012, through
All submissions, with limited
December 31, 2013. We calculated a rate
exceptions, must be filed electronically
for 2012, which will be applicable to
using ACCESS.10 An electronically filed
entries made during the period August
documents must be received
6, 2012, through December 31, 2012,
successfully in their entirety by the
and a rate for 2013, which will be
Department’s electronic records system,
applicable to entries during the period
ACCESS, by 5 p.m. Eastern Time (ET)
January 1, 2013, through December 31,
2013. We preliminarily find that the net on the due date. Documents excepted
from the electronic submission
subsidy rates for Dongyuan are as
requirements must be filed manually
follows:
(i.e. in paper form) with the APO/
Dockets Unit in Room 18022 and
Subsidy
Subsidy
stamped with the date and time of
rate
rate
Company
(percent)
(percent)
receipt by 5 p.m. ET on the due date.11
2013
2012
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Guangdong
Dongyuan KitchAct, the Department will issue the final
enware Industrial
results of this administrative review,
Co., Ltd .............
9.83
3.91 including our analysis of and responses
to issues raised by the parties in their
Disclosure and Public Comment
comments, within 120 days after issuing
these preliminary results.
The Department intends to disclose
calculations performed for these
Assessment Rates
preliminary results to the parties within
five days of the date of publication of
In accordance with 19 CFR
this notice.5 Interested parties may
351.221(b)(4)(i), we assigned a subsidy
submit case briefs no later than 30 days
rate for the producer/exporter subject to
after the day on which these
this administrative review. Upon
preliminary results are published in the issuance of the final results, the
Federal Register.6 Rebuttal briefs,
Department shall determine, and CBP
which must be limited to issues raised
shall assess, countervailing duties on all
in case briefs, may be submitted by no
appropriate entries covered by this
later than five days after the deadline for review. We intend to issue instructions
case briefs.7 Parties who submit case
to CBP 15 days after publication of the
briefs or rebuttal briefs in this
final results of this review.
proceeding should submit with each
For the rescinded companies,
argument: (1) A statement of the issue;
countervailing duties shall be assessed
(2) a brief summary of the argument;
at rates equal to the cash deposit of
and (3) a table of authorities.8 The
estimated countervailing duties required
summary of the argument should be
at the time of entry, or withdrawal from
limited to five pages total, including
warehouse, for consumption, during the
footnotes.
period August 6, 2012, through
Interested parties who wish to request December 31, 2013, in accordance with
a hearing, or to participate if one is
19 CFR 351.212(c)(1)(i). The Department
requested, must submit a written
intends to issue appropriate assessment
request to the Assistant Secretary for
instructions directly to CBP 15 days
Enforcement and Compliance, U.S.
after publication of this notice.
Department of Commerce within 30
days after the date of publication of this
9
mstockstill on DSK4VPTVN1PROD with NOTICES
have any reviewable entries during the
POR. Absent any evidence of shipments
being placed on the record, pursuant to
19 CFR 351.213(d)(3), in the final
results, we intend to rescind the
administrative review of this company.
For additional information regarding
this determination, see the Preliminary
Decision Memorandum.
5 See
19 CFR 351.224(b).
6 See 19 CFR 351.309(c)(1)(ii).
7 See 19 CFR 351.309(d).
8 See 19 CFR 351.309(c)(2) and (d)(2).
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18:07 May 06, 2015
Jkt 235001
See 19 CFR 351.310(c).
generally 19 CFR 351.303.
11 See Antidumping and Countervailing Duty
proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedure, 76 FR
39263 (July 6, 2011).
10 See
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Frm 00012
Fmt 4703
Sfmt 4703
26227
Cash Deposit Requirements
Also in accordance with section
751(a)(2)(C) of the Act, the Department
intends to instruct CBP to collect cash
deposits of estimated countervailing
duties in the amount shown above for
Dongyuan, on shipments of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of publication of the final
results of this review. For all nonreviewed firms, we will instruct CBP to
continue to collect cash deposits at the
most-recent company-specific or allothers rate applicable to the company,
as appropriate. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
These preliminary results are issued
and published in accordance with
sections 751(a)(1) and 777(i) of the Act
and 19 CFR 351.213 and 351.221(b)(4).
Dated: April 30, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I—List of Topics Discussed in
the Preliminary Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Partial Rescission of the Administrative
Review
5. Intent to Rescind, in Part, the
Administrative Review
6. Use of Facts Otherwise Available and
Adverse Inferences
7. Subsidy Valuation Information
8. Analysis of Programs
9. Recommendation
Appendix II—Companies for Which the
Review Is Rescinded
1. Foshan Zhaoshun Trade Co., Ltd.
2. Zhongshan Superte Kitchenware Co.,
Ltd.
3. Zhongshan Silk Imp. & Exp. Group Co.,
Ltd. of Guangdong
4. Zhongshan Newecan Enterprise
Development Corporation Limited
[FR Doc. 2015–11088 Filed 5–6–15; 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 Results of the
Antidumping Duty Administrative
Review; 2012–2014
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
E:\FR\FM\07MYN1.SGM
07MYN1
26228
Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Notices
The Department of Commerce
(Department) is conducting an
administrative review of the
antidumping duty order on drawn
stainless steel sinks (drawn sinks) from
the People’s Republic of China (PRC).
The administrative review covers 11
exporters, of which the Department
selected two as mandatory respondents
for individual examination (i.e.,
Guangdong Dongyuan Kitchenware
Industrial Co., Ltd. (Dongyuan) and
Guangdong Yingao Kitchen Utensils
Co., Ltd. (Yingao)). The period of review
(POR) is October 4, 2012, through March
31, 2014.
The Department preliminarily finds
that Dongyuan and Yingao both made
sales of subject merchandise at less than
normal value (NV) during the POR. If
these preliminary results are adopted in
the final results of this review, we will
instruct U.S. Customs and Border
Protection (CBP) to assess antidumping
duties on all appropriate entries.
Interested parties are invited to
comment on these preliminary results.
DATES: Effective Date: May 7, 2015.
FOR FURTHER INFORMATION CONTACT:
Brian C. Smith or Brandon Custard, AD/
CVD Operations, Office II, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–1766 and (202) 482–1823,
respectively.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Scope of the Order
The products covered by the order
include drawn stainless steel sinks.
Imports of subject merchandise are
currently classified under the
Harmonized Tariff Schedule of the
United States (HTSUS) subheadings
7324.10.0000 and 7324.10.0010.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of the order is dispositive.1
mstockstill on DSK4VPTVN1PROD with NOTICES
Methodology
The Department conducted this
review in accordance with section
751(a)(2)(B) of the Tariff Act of 1930, as
amended (the Act). Export prices have
been calculated in accordance with
1 For a complete description of the Scope of the
Order, see ‘‘Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative
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 April 30, 2015 (Preliminary
Decision Memorandum), issued concurrently with
and hereby adopted by this notice.
VerDate Sep<11>2014
18:07 May 06, 2015
Jkt 235001
section 772 of the Act. Because the PRC
is a non-market economy (NME) within
the meaning of section 771(18) of the
Act, NV has been calculated in
accordance with section 773(c) of the
Act.
For a full description of the
methodology underlying our
conclusions, see 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 (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov; the
Preliminary Decision Memorandum is
also available to all parties 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 Enforcement and Compliance’s
Web site at https://www.trade.gov/
enforcement/. The signed Preliminary
Decision Memorandum and the
electronic version of the Preliminary
Decision Memorandum are identical in
content. A list of the topics discussed in
the Preliminary Decision Memorandum
is attached as the Appendix to this
notice.
Preliminary Results of Review
Because Feidong Import & Export Co.,
Ltd., Shunde Native Produce Import &
Export Co, Ltd. of Guangdong, and
Zhongshan Silk Import & Export Group
Co., Ltd. of Guangdong did not
demonstrate they were entitled to a
separate rate, the Department
preliminarily finds these companies to
be part of the PRC-wide entity.2 The rate
previously established for the PRC-wide
entity is 76.53 percent.3
2 See Preliminary Decision Memorandum.
Pursuant to the Department’s change in practice,
the Department no longer considers the NME entity
as an exporter conditionally subject to
administrative reviews. See Antidumping
Proceedings: Announcement of Change in
Department Practice for Respondent Selection in
Antidumping Duty Proceedings and Conditional
Review of the Nonmarket Economy Entity in NME
Antidumping Duty Proceedings, 78 FR 65963,
65970 (November 4, 2013). Under this practice, the
NME entity will not be under review unless a party
specifically requests, or the Department selfinitiates, a review of the entity. Because no party
requested a review of the entity, the entity is not
under review and the entity’s rate is not subject to
change.
3 The PRC-wide rate determined in the
investigation was 76.53 percent. 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). This rate was
adjusted for export subsidies and estimated
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
The Department preliminarily
determines that the following weightedaverage dumping margins exist for the
period October 4, 2012, through March
31, 2014:
Exporters
Foshan Zhaoshun Trade
Co., Ltd.* ...........................
Guangdong Dongyuan Kitchenware Industrial Co., Ltd
Guangdong New Shichu Import & Export Company
Limited * .............................
Guangdong Yingao Kitchen
Utensils Co., Ltd ...............
Yuyao Afa Kitchenware Co.,
Ltd.* ...................................
Zhongshan Newecan Enterprise Development Corporation Limited * ..............
Zhongshan Superte Kitchenware Co., Ltd.* ..................
Weightedaverage
dumping
margin
(percent)
2.14
0.81
2.14
5.55
2.14
2.14
2.14
* This company demonstrated that it qualified for a separate rate in this administrative
review. The rate for this company is the average of the weighted-average dumping margins
assigned to Dongyuan and Yingao. See the
Preliminary Decision Memorandum.
Disclosure and Public Comment
The Department intends to disclose to
the parties the calculations performed
for these preliminary results within five
days of the date of publication of this
notice in accordance with 19 CFR
351.224(b). Interested parties may
submit case briefs no later than 30 days
after the date of publication of these
preliminary results of review.4 Rebuttals
to case briefs may be filed no later than
five days after the written comments are
filed and all rebuttal comments must be
limited to comments raised in the case
briefs.5
Any interested party may request a
hearing within 30 days of publication of
this notice.6 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
domestic subsidy pass through to determine the
cash deposit rate (76.45 percent) collected for
companies in the PRC-wide entity. See explanation
in Drawn Stainless Steel Sinks From the People’s
Republic of China: Investigation, Final
Determination, 78 FR 13019 (February 26, 2013).
4 See 19 CFR 351.309(c).
5 See 19 CFR 351.309(d).
6 See 19 CFR 351.310(c).
E:\FR\FM\07MYN1.SGM
07MYN1
Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Notices
Constitution Avenue NW., Washington,
DC 20230.7
Unless otherwise extended, the
Department intends to issue the final
results of this administrative review,
which will include the results of its
analysis of issues raised in the case
briefs, within 120 days of publication of
these preliminary results, pursuant to
section 751(a)(3)(A) of the Act.
mstockstill on DSK4VPTVN1PROD with NOTICES
Assessment Rates
Upon issuance of the final results, the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review.8 The Department intends to
issue appropriate assessment
instructions to CBP 15 days after the
publication of the final results of this
review.
For each individually-examined
respondent in this review (i.e.,
Dongyuan and Yingao) which has a
weighted-average dumping margin
which is not zero or de minimis (i.e.,
less than 0.5 percent), we will calculate
importer- (or customer-) specific perunit duty assessment rates based on the
ratio of the total amount of dumping
calculated for the importer’s (or
customer’s) examined sales to the total
sales quantity associated with those
sales, in accordance with 19 CFR
351.212(b)(1).9 Where either the
respondent’s weighted-average dumping
margin is zero or de minimis, or an
importer- (or customer-) specific
assessment rate is zero or de minimis,
we will instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties.
For the respondents which were not
selected for individual examination in
this administrative review and which
qualified for a separate rate, the
assessment rate will be equal to the
average of the weighted-average
dumping margins assigned to Dongyuan
and Yingao in the final results of this
review.
For the final results, if we continue to
treat the three companies identified
above as part of the PRC-wide entity, we
will instruct CBP to apply an ad
valorem assessment rate of 76.45
percent to all entries of subject
merchandise during the POR which
were produced and/or exported by those
companies.
7 See
19 CFR 351.310(d).
19 CFR 351.212(b)(1).
9 In these preliminary results, the Department
applied the assessment rate calculation method
adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
8 See
VerDate Sep<11>2014
18:57 May 06, 2015
Jkt 235001
The Department announced a
refinement to its assessment practice in
NME cases. Pursuant to this refinement
in practice, for entries that were not
reported in the U.S. sales databases
submitted by companies individually
examined during this review, the
Department will instruct CBP to
liquidate such entries at the PRC-wide
rate. In addition, if the Department
determines that an exporter under
review had no shipments of the subject
merchandise, any suspended entries
that entered under that exporter’s case
number (i.e., at that exporter’s rate) will
be liquidated at the PRC-wide rate.10
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise from the PRC
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided for by
section 751(a)(2)(C) of the Act: (1) For
the companies listed above that have a
separate rate, the cash deposit rate will
be that rate established in the final
results of this review (except, if the rate
is zero or de minimis, then a cash
deposit rate of zero will be established
for that company); (2) for previously
investigated or reviewed PRC and nonPRC exporters that received a separate
rate in a prior segment of this
proceeding, the cash deposit rate will
continue to be the existing exporterspecific rate; (3) for all PRC exporters of
subject merchandise that have not been
found to be entitled to a separate rate,
the cash deposit rate will be the rate for
the PRC-wide entity, which is 76.45
percent; and (4) for all non-PRC
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the PRC exporter(s) that
supplied that non-PRC exporter. These
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) to file a certificate regarding
the reimbursement of antidumping
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in the
10 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011) (NME Antidumping
Proceedings).
PO 00000
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Fmt 4703
Sfmt 4703
26229
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing these
results of reviews in accordance with
sections 751(a)(l) and 777(i)(l) of the
Act.
Dated: April 30, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
A. Non-Market Economy Country
B. Separate Rates Determination
C. The PRC-Wide Entity
D. Surrogate Country
1. Economic Comparability
2. Significant Producer of Comparable
Merchandise
3. Data Availability
E. Date of Sale
F. Fair Value Comparisons
1. Determination of Comparison Method
2. Export Price
3. Value-Added Tax
4. Normal Value
G. Factor Valuation Methodology
H. Adjustment Under Section 777A(f) of
the Act
I. Currency Conversion
V. Conclusion
[FR Doc. 2015–11083 Filed 5–6–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–520–803]
Preliminary Negative Determination of
Circumvention of the Antidumping
Order on Polyethylene Terephthalate
Film, Sheet, and Strip From the United
Arab Emirates
Enforcement and Compliance,
International Trade Administration,
Commerce.
SUMMARY: On July 29, 2014, pursuant to
allegations by Polyplex USA LLC and
Flex USA Inc., the Department of
Commerce (the Department) initiated an
anti-circumvention inquiry to determine
whether imports of polyethylene
terephthalate film, sheet, and strip (PET
Film) from the Kingdom of Bahrain
(Bahrain) produced by JBF Bahrain
S.P.C. (JBF Bahrain) are circumventing
the antidumping order on PET Film
from the United Arab Emirates (UAE).
We preliminarily determine that PET
Film produced by JBF Bahrain in
AGENCY:
E:\FR\FM\07MYN1.SGM
07MYN1
Agencies
[Federal Register Volume 80, Number 88 (Thursday, May 7, 2015)]
[Notices]
[Pages 26227-26229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11083]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-983]
Drawn Stainless Steel Sinks From the People's Republic of China:
Preliminary Results of the Antidumping Duty Administrative Review;
2012-2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
[[Page 26228]]
SUMMARY: The Department of Commerce (Department) is conducting an
administrative review of the antidumping duty order on drawn stainless
steel sinks (drawn sinks) from the People's Republic of China (PRC).
The administrative review covers 11 exporters, of which the Department
selected two as mandatory respondents for individual examination (i.e.,
Guangdong Dongyuan Kitchenware Industrial Co., Ltd. (Dongyuan) and
Guangdong Yingao Kitchen Utensils Co., Ltd. (Yingao)). The period of
review (POR) is October 4, 2012, through March 31, 2014.
The Department preliminarily finds that Dongyuan and Yingao both
made sales of subject merchandise at less than normal value (NV) during
the POR. If these preliminary results are adopted in the final results
of this review, we will instruct U.S. Customs and Border Protection
(CBP) to assess antidumping duties on all appropriate entries.
Interested parties are invited to comment on these preliminary results.
DATES: Effective Date: May 7, 2015.
FOR FURTHER INFORMATION CONTACT: Brian C. Smith or Brandon Custard, AD/
CVD Operations, Office II, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-1766 and (202)
482-1823, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The products covered by the order include drawn stainless steel
sinks. Imports of subject merchandise are currently classified under
the Harmonized Tariff Schedule of the United States (HTSUS) subheadings
7324.10.0000 and 7324.10.0010. Although the HTSUS subheadings are
provided for convenience and customs purposes, the written description
of the scope of the order is dispositive.\1\
---------------------------------------------------------------------------
\1\ For a complete description of the Scope of the Order, see
``Decision Memorandum for Preliminary Results of Antidumping Duty
Administrative 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 April 30,
2015 (Preliminary Decision Memorandum), issued concurrently with and
hereby adopted by this notice.
---------------------------------------------------------------------------
Methodology
The Department conducted this review in accordance with section
751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act). Export
prices have been calculated in accordance with section 772 of the Act.
Because the PRC is a non-market economy (NME) within the meaning of
section 771(18) of the Act, NV has been calculated in accordance with
section 773(c) of the Act.
For a full description of the methodology underlying our
conclusions, see 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 (ACCESS). ACCESS is available to
registered users at https://access.trade.gov; the Preliminary Decision
Memorandum is also available to all parties 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 Enforcement and Compliance's Web site at
https://www.trade.gov/enforcement/. The signed Preliminary Decision
Memorandum and the electronic version of the Preliminary Decision
Memorandum are identical in content. A list of the topics discussed in
the Preliminary Decision Memorandum is attached as the Appendix to this
notice.
Preliminary Results of Review
Because Feidong Import & Export Co., Ltd., Shunde Native Produce
Import & Export Co, Ltd. of Guangdong, and Zhongshan Silk Import &
Export Group Co., Ltd. of Guangdong did not demonstrate they were
entitled to a separate rate, the Department preliminarily finds these
companies to be part of the PRC-wide entity.\2\ The rate previously
established for the PRC-wide entity is 76.53 percent.\3\
---------------------------------------------------------------------------
\2\ See Preliminary Decision Memorandum. Pursuant to the
Department's change in practice, the Department no longer considers
the NME entity as an exporter conditionally subject to
administrative reviews. See Antidumping Proceedings: Announcement of
Change in Department Practice for Respondent Selection in
Antidumping Duty Proceedings and Conditional Review of the Nonmarket
Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963,
65970 (November 4, 2013). Under this practice, the NME entity will
not be under review unless a party specifically requests, or the
Department self-initiates, a review of the entity. Because no party
requested a review of the entity, the entity is not under review and
the entity's rate is not subject to change.
\3\ The PRC-wide rate determined in the investigation was 76.53
percent. 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). This
rate was adjusted for export subsidies and estimated domestic
subsidy pass through to determine the cash deposit rate (76.45
percent) collected for companies in the PRC-wide entity. See
explanation in Drawn Stainless Steel Sinks From the People's
Republic of China: Investigation, Final Determination, 78 FR 13019
(February 26, 2013).
---------------------------------------------------------------------------
The Department preliminarily determines that the following
weighted-average dumping margins exist for the period October 4, 2012,
through March 31, 2014:
------------------------------------------------------------------------
Weighted-
average
Exporters dumping
margin
(percent)
------------------------------------------------------------------------
Foshan Zhaoshun Trade Co., Ltd.*........................ 2.14
Guangdong Dongyuan Kitchenware Industrial Co., Ltd...... 0.81
Guangdong New Shichu Import & Export Company Limited *.. 2.14
Guangdong Yingao Kitchen Utensils Co., Ltd.............. 5.55
Yuyao Afa Kitchenware Co., Ltd.*........................ 2.14
Zhongshan Newecan Enterprise Development Corporation 2.14
Limited *..............................................
Zhongshan Superte Kitchenware Co., Ltd.*................ 2.14
------------------------------------------------------------------------
* This company demonstrated that it qualified for a separate rate in
this administrative review. The rate for this company is the average
of the weighted-average dumping margins assigned to Dongyuan and
Yingao. See the Preliminary Decision Memorandum.
Disclosure and Public Comment
The Department intends to disclose to the parties the calculations
performed for these preliminary results within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties may submit case briefs no later than 30 days after
the date of publication of these preliminary results of review.\4\
Rebuttals to case briefs may be filed no later than five days after the
written comments are filed and all rebuttal comments must be limited to
comments raised in the case briefs.\5\
---------------------------------------------------------------------------
\4\ See 19 CFR 351.309(c).
\5\ See 19 CFR 351.309(d).
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Any interested party may request a hearing within 30 days of
publication of this notice.\6\ 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
[[Page 26229]]
Constitution Avenue NW., Washington, DC 20230.\7\
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\6\ See 19 CFR 351.310(c).
\7\ See 19 CFR 351.310(d).
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Unless otherwise extended, the Department intends to issue the
final results of this administrative review, which will include the
results of its analysis of issues raised in the case briefs, within 120
days of publication of these preliminary results, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, the Department will determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by this review.\8\ The Department intends to issue appropriate
assessment instructions to CBP 15 days after the publication of the
final results of this review.
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\8\ See 19 CFR 351.212(b)(1).
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For each individually-examined respondent in this review (i.e.,
Dongyuan and Yingao) which has a weighted-average dumping margin which
is not zero or de minimis (i.e., less than 0.5 percent), we will
calculate importer- (or customer-) specific per-unit duty assessment
rates based on the ratio of the total amount of dumping calculated for
the importer's (or customer's) examined sales to the total sales
quantity associated with those sales, in accordance with 19 CFR
351.212(b)(1).\9\ Where either the respondent's weighted-average
dumping margin is zero or de minimis, or an importer- (or customer-)
specific assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
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\9\ In these preliminary results, the Department applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
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For the respondents which were not selected for individual
examination in this administrative review and which qualified for a
separate rate, the assessment rate will be equal to the average of the
weighted-average dumping margins assigned to Dongyuan and Yingao in the
final results of this review.
For the final results, if we continue to treat the three companies
identified above as part of the PRC-wide entity, we will instruct CBP
to apply an ad valorem assessment rate of 76.45 percent to all entries
of subject merchandise during the POR which were produced and/or
exported by those companies.
The Department announced a refinement to its assessment practice in
NME cases. Pursuant to this refinement in practice, for entries that
were not reported in the U.S. sales databases submitted by companies
individually examined during this review, the Department will instruct
CBP to liquidate such entries at the PRC-wide rate. In addition, if the
Department determines that an exporter under review had no shipments of
the subject merchandise, any suspended entries that entered under that
exporter's case number (i.e., at that exporter's rate) will be
liquidated at the PRC-wide rate.\10\
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\10\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011) (NME Antidumping Proceedings).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For the companies
listed above that have a separate rate, the cash deposit rate will be
that rate established in the final results of this review (except, if
the rate is zero or de minimis, then a cash deposit rate of zero will
be established for that company); (2) for previously investigated or
reviewed PRC and non-PRC exporters that received a separate rate in a
prior segment of this proceeding, the cash deposit rate will continue
to be the existing exporter-specific rate; (3) for all PRC exporters of
subject merchandise that have not been found to be entitled to a
separate rate, the cash deposit rate will be the rate for the PRC-wide
entity, which is 76.45 percent; and (4) for all non-PRC exporters of
subject merchandise which have not received their own rate, the cash
deposit rate will be the rate applicable to the PRC exporter(s) that
supplied that non-PRC exporter. These deposit requirements, when
imposed, shall remain in effect until further notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. 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 these results of reviews in
accordance with sections 751(a)(l) and 777(i)(l) of the Act.
Dated: April 30, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
A. Non-Market Economy Country
B. Separate Rates Determination
C. The PRC-Wide Entity
D. Surrogate Country
1. Economic Comparability
2. Significant Producer of Comparable Merchandise
3. Data Availability
E. Date of Sale
F. Fair Value Comparisons
1. Determination of Comparison Method
2. Export Price
3. Value-Added Tax
4. Normal Value
G. Factor Valuation Methodology
H. Adjustment Under Section 777A(f) of the Act
I. Currency Conversion
V. Conclusion
[FR Doc. 2015-11083 Filed 5-6-15; 8:45 am]
BILLING CODE 3510-DS-P