Drawn Stainless Steel Sinks From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review, Rescission in Part, and Intent To Rescind the Review in Part; 2012-2013, 26226-26227 [2015-11088]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 80, Number 88 (Thursday, May 7, 2015)]
[Notices]
[Pages 26226-26227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11088]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-984]


Drawn Stainless Steel Sinks From the People's Republic of China: 
Preliminary Results of Countervailing Duty Administrative Review, 
Rescission in Part, and Intent To Rescind the Review in Part; 2012-2013

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

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the countervailing duty (CVD) order on drawn 
stainless steel sinks (sinks) from the People's Republic of China 
(PRC). The period of review (POR) is August 6, 2012, through December 
31, 2013. We preliminarily find that Guangdong Dongyuan Kitchenware 
Industrial Co., Ltd. (Dongyuan) received countervailable subsidies 
during the POR. We are rescinding the review with respect to Foshan 
Zhaoshun Trade Co., Ltd. (Zhaoshun), Zhongshan Superte Kitchenware Co., 
Ltd. (Superte), Zhongshan Newecan Enterprise Development Corporation 
Limited (Newecan), Zhongshan Silk Imp. & Exp. Group Co., Ltd. of 
Guangdong (Zhongshan Silk). Further, we preliminarily find that Shunde 
Native Produce Import and Export Co., Ltd. of Guangdong (Native 
Produce) did not have any reviewable entries during the POR. Interested 
parties are invited to comment on these preliminary results.

DATES: Effective Date: May 7, 2015.

FOR FURTHER INFORMATION CONTACT: Jennifer Meek or Joshua Morris, 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-
2778 and (202) 482-1779, respectively.

Scope of the Order

    Drawn stainless steel sinks are 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 sinks. The products 
covered by this order are currently classified in the Harmonized Tariff 
Schedule of the United States (HTSUS) under statistical reporting 
number 7324.10.0000. Although the HTSUS subheading is provided for 
convenience and customs purposes, the written description of the scope 
of the order is dispositive.
    A full description of the scope of the order is contained in the 
memorandum from Christian Marsh, Deputy Assistant Secretary for 
Enforcement and Compliance, to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, ``Decision Memorandum for Preliminary 
Results of Countervailing Duty Administrative Review: Drawn Stainless 
Steel Sinks from the People's Republic of China'' dated concurrently 
with this notice (Preliminary Decision Memorandum), which is hereby 
adopted by this notice. A list of topics discussed in the Preliminary 
Decision Memorandum is provided as Appendix I to this Notice.
    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 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 https://enforcement.trade.gov/frn/. The signed Preliminary Decision 
Memorandum and the electronic version of the Preliminary Decision 
Memorandum are identical in content.

Methodology

    The Department conducted this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each 
program found countervailable, we preliminarily determine that there is 
a subsidy, i.e., a government-provided financial contribution that 
gives rise to a benefit to the recipient, and that the subsidy is 
specific.\1\
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    \1\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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    In making the preliminary findings, we relied, in part, on facts 
available and, because the Government of the PRC did not act to the 
best of its ability to respond to the Department's requests for 
information, we applied an adverse inference in selecting from among 
the facts otherwise available.\2\ For a full description of the 
methodology underlying our conclusions, see the Preliminary Decision 
Memorandum.
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    \2\ See sections 776(a) and (b) of the Act. For further 
information, see ``Use of Facts Otherwise Available and Adverse 
Inferences'' in the Preliminary Decision Memorandum.
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Partial Rescission

    As discussed in the Preliminary Decision Memorandum, the companies 
Zhaoshun, Superte, Newecan, and Zhongshan Silk timely withdrew their 
requests for administrative review of themselves.\3\ No other parties 
requested reviews of these companies. The Department, pursuant to 19 
CFR 351.213(d)(1), is therefore rescinding this administrative review 
with respect to Zhaoshun, Superte, Newecan, and Zhongshan Silk.\4\
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    \3\ As noted in the Preliminary Decision Memorandum, Native 
Produce also submitted a withdrawal of its request for review. It 
did so, however, after the 90-day deadline pursuant to 19 CFR 
351.213(d)(1) and was, therefore, untimely.
    \4\ See Appendix II for the full list of companies for which 
this review is being rescinded.
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Preliminary Determination of No Shipments and Intent To Rescind the 
Review in Part

    Based on our analysis of U.S. Customs and Border Protection (CBP) 
information and information provided by Native Produce, we 
preliminarily determine that Native Produce did not

[[Page 26227]]

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.

Preliminary Results of the Review

    In accordance with 19 CFR 351.221(b)(4)(i), we calculated an 
individual subsidy rate for Dongyuan for the period August 6, 2012, 
through December 31, 2013. We calculated a rate for 2012, which will be 
applicable to entries made during the period August 6, 2012, through 
December 31, 2012, and a rate for 2013, which will be applicable to 
entries during the period January 1, 2013, through December 31, 2013. 
We preliminarily find that the net subsidy rates for Dongyuan are as 
follows:

------------------------------------------------------------------------
                                                    Subsidy     Subsidy
                                                     rate        rate
                     Company                       (percent)   (percent)
                                                     2013        2012
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Guangdong Dongyuan Kitchenware Industrial Co.,          9.83        3.91
 Ltd............................................
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Disclosure and Public Comment

    The Department intends to disclose calculations performed for these 
preliminary results to the parties within five days of the date of 
publication of this notice.\5\ Interested parties may submit case 
briefs no later than 30 days after the day on which these preliminary 
results are published in the Federal Register.\6\ Rebuttal briefs, 
which must be limited to issues raised in case briefs, may be submitted 
by no later than five days after the deadline for case briefs.\7\ 
Parties who submit case briefs or rebuttal briefs in this proceeding 
should submit with each argument: (1) A statement of the issue; (2) a 
brief summary of the argument; and (3) a table of authorities.\8\ The 
summary of the argument should be limited to five pages total, 
including footnotes.
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    \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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    Interested parties who wish to request a hearing, or to participate 
if one is requested, must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce 
within 30 days after the date of publication of this 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 determined. Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.
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    \9\ See 19 CFR 351.310(c).
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    All submissions, with limited exceptions, must be filed 
electronically using ACCESS.\10\ An electronically filed documents must 
be received successfully in their entirety by the Department's 
electronic records system, ACCESS, by 5 p.m. Eastern Time (ET) on the 
due date. Documents excepted from the electronic submission 
requirements must be filed manually (i.e. in paper form) with the APO/
Dockets Unit in Room 18022 and stamped with the date and time of 
receipt by 5 p.m. ET on the due date.\11\
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    \10\ See 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).
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    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act, the Department will issue the final results of this 
administrative review, including our analysis of and responses to 
issues raised by the parties in their comments, within 120 days after 
issuing these preliminary results.

Assessment Rates

    In accordance with 19 CFR 351.221(b)(4)(i), we assigned a subsidy 
rate for the producer/exporter subject to this administrative review. 
Upon issuance of the final results, the Department shall determine, and 
CBP shall assess, countervailing duties on all appropriate entries 
covered by this review. We intend to issue instructions to CBP 15 days 
after publication of the final results of this review.
    For the rescinded companies, countervailing duties shall be 
assessed at rates equal to the cash deposit of estimated countervailing 
duties required at the time of entry, or withdrawal from warehouse, for 
consumption, during the period August 6, 2012, through December 31, 
2013, in accordance with 19 CFR 351.212(c)(1)(i). The Department 
intends to issue appropriate assessment instructions directly to CBP 15 
days after publication of this notice.

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 non-reviewed firms, we will 
instruct CBP to continue to collect cash deposits at the most-recent 
company-specific or all-others 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