Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review: Drawn Stainless Steel Sinks From the People's Republic of China, 7504-7506 [2016-02997]
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Federal Register / Vol. 81, No. 29 / Friday, February 12, 2016 / Notices
review, we will calculate importerspecific assessment rates on the basis of
the ratio of the total amount of dumping
calculated for an importer’s examined
sales and the total entered value of such
sales in accordance with 19 CFR
351.212(b)(1). If Haddecilik’s weightedaverage dumping margin is zero or de
minimis in the final results of review, or
an importer-specific rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
For entries of subject merchandise
during the POR produced by the
respondent for which it did not know its
merchandise was destined for the
United States, we will instruct CBP to
liquidate un-reviewed entries at the allothers rate if there is no rate for the
intermediate company involved in the
transaction.9
We intend to issue instructions to
CBP 15 days after publication of the
final results of this review.
asabaliauskas on DSK9F6TC42PROD with NOTICES2
Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of the
notice of final results of administrative
review for all shipments of light-walled
rectangular pipe and tube from Turkey
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication as provided by section
751(a)(2) of the Act: (1) The cash deposit
rate for Haddecilik will be the weightedaverage dumping margin established in
the final results of this administrative
review except if the rate is de minimis
within the meaning of 19 CFR
351.106(c)(1), in which case the cash
deposit rate will be zero; (2) for
merchandise exported by manufacturers
or exporters not covered in this review
but covered in a prior segment of the
proceeding, the cash deposit rate will
continue to be the company-specific rate
published for the most recently
completed segment of this proceeding in
which the manufacturer or exporter
participated; (3) if the exporter is not a
firm covered in this review, a prior
review, or the original less-than-fairvalue investigation but the manufacturer
is, the cash deposit rate will be the rate
established for the most recently
completed segment of the proceeding
for the manufacturer of the
merchandise; (4) the cash deposit rate
for all other manufacturers or exporters
will continue to be 27.04 percent ad
valorem, the all-others rate established
in the less-than-fair-value
9 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
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17:38 Feb 11, 2016
Jkt 238001
investigation.10 These cash 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)(2) 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
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213(h)(1).
Dated: February 5, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
Summary
Background
Scope of the Order
Methodology
Fair Value Comparisons
Product Comparisons
Determination of Comparison Method
Date of Sale
U.S. Price
Duty Drawback
Normal Value
Currency Conversion
Conclusion
[FR Doc. 2016–02995 Filed 2–11–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–983]
Notice of Initiation and Preliminary
Results of Antidumping Duty Changed
Circumstances Review: Drawn
Stainless Steel Sinks From the
People’s Republic of China
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is initiating a changed
circumstances review (CCR) of the
antidumping duty (AD) order on drawn
stainless steel sinks from the People’s
Republic of China (PRC) with regard to
AGENCY:
10 See Notice of Antidumping Duty Order: LightWalled Rectangular Pipe and Tube From Turkey, 73
FR 31065 (May 30, 2008).
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Fmt 4703
Sfmt 4703
Ningbo Afa Kitchen and Bath Co., Ltd.
(Ningbo). We preliminarily determine
that Ningbo is the successor-in-interest
to Yuyao Afa Kitchenware Co., Ltd.
(Yuyao) for purposes of determining AD
liability. Interested parties are invited to
comment on these preliminary results.
DATES: Effective Date: February 12,
2016.
FOR FURTHER INFORMATION CONTACT: Ross
Belliveau or Brian Smith, 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) 482–4952 or (202) 482–1766.
SUPPLEMENTARY INFORMATION:
Background
On April 11, 2013, the Department
published in the Federal Register an AD
order on drawn stainless steel sinks
from the PRC.1 On November 19, 2015,
Ningbo, a producer/exporter of drawn
stainless steel sinks covered by this
order, changed its name from Yuyao to
Ningbo. On December 22, 2015, Ningbo
requested that the Department conduct
a changed circumstances review under
section 19 U.S.C. 1675(b) and 19 CFR
351.216.2 In this request, Ningbo asked
the Department to determine that it is
the successor-in-interest to Yuyao and,
accordingly, to assign it the cash deposit
rate of Yuyao.3
Scope of the Order
The products covered by the scope of
this 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. Mounting clips,
fasteners, seals, and sound-deadening
pads are also covered by the scope of
this order if they are included within
the sales price of the drawn stainless
steel sinks. For purposes of this scope
definition, the term ‘‘drawn’’ refers to a
manufacturing process using metal
forming technology to produce a smooth
basin with seamless, smooth, and
rounded corners. Drawn stainless steel
sinks are available in various shapes
and configurations and may be
1 See Drawn Stainless Steel Sinks from the
People’s Republic of China: Amended Final
Determination of Sales at Less Than Fair Value and
Antidumping Duty Order, 78 FR 21592 (April 11,
2013).
2 See Letter from Ningbo, entitled ‘‘Drawn
Stainless Steel Sinks from the People’s Republic of
China: Request for Changed Circumstances Review
by Yuyao Afa Kitchenware Co., Ltd. and Ningbo Afa
Kitchen and Bath Co., Ltd.,’’ dated December 22,
2015 (Ningbo CCR Request).
3 Id.
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Federal Register / Vol. 81, No. 29 / Friday, February 12, 2016 / Notices
described in a number of ways
including flush mount, top mount, or
undermount (to include the attachment
relative to the countertop). Stainless
steel sinks with multiple drawn bowls
that are joined through a welding
operation to form one unit are covered
by the scope of the order. Drawn
stainless steel sinks are covered by the
scope of the order whether or not they
are sold in conjunction with non-subject
accessories such as faucets (whether
attached or unattached), strainers,
strainer sets, rinsing baskets, bottom
grids, or other accessories.
Excluded from the scope of the order
are stainless steel sinks with fabricated
bowls. Fabricated bowls do not have
seamless corners, but rather are made by
notching and bending the stainless steel,
and then welding and finishing the
vertical corners to form the bowls.
Stainless steel sinks with fabricated
bowls may sometimes be referred to as
‘‘zero radius’’ or ‘‘near zero radius’’
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 and
7324.10.0010. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope is
dispositive.
asabaliauskas on DSK9F6TC42PROD with NOTICES2
Initiation and Preliminary Results of
Changed Circumstances Review
Pursuant to section 751(b)(1)(A) of the
Tariff Act of 1930, as amended (the Act)
and 19 CFR 351.216(d), the Department
will conduct a CCR upon receipt of a
request from an interested party for a
review of an AD order which shows
changed circumstances sufficient to
warrant a review of the order. The
information submitted by Ningbo
supporting its claim that it is the
successor-in-interest to Yuyao
demonstrates changed circumstances
sufficient to warrant such a review.4
In accordance with the abovereferenced regulation, the Department is
initiating a CCR to determine whether
Ningbo is the successor-in-interest to
Yuyao. When it concludes that
expedited action is warranted, the
Department may publish the notice of
initiation and preliminary results for a
CCR concurrently.5 We determined that
4 See
19 CFR 351.216(d).
19 CFR 351.221(c)(3)(ii); see also Certain
Pasta From Italy: Initiation and Preliminary Results
of Antidumping Duty Changed Circumstances
Review, 80 FR 33480, 33480–41 (June 12, 2015)
(Pasta From Italy Preliminary Results) (unchanged
in Certain Pasta From Italy: Final Results of
5 See
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17:38 Feb 11, 2016
Jkt 238001
expediting this CCR is warranted
because we have the information
necessary to make a preliminary finding
already on the record, in accordance
with our practice.6
In determining whether one company
is the successor-in-interest to another,
the Department examines a number of
factors including, but not limited to,
changes in management, production
facilities, supplier relationships, and
customer base.7 While no single factor
or combination of these factors will
necessarily provide a dispositive
indication of a successor-in-interest
relationship, the Department will
generally consider the new company to
be the successor to the previous
company if the new company’s resulting
operation is not materially dissimilar to
that of its predecessor.8 Thus, if the
evidence demonstrates that, with
respect to the production and sale of the
subject merchandise, the new company
operates as the same business entity as
the prior company, the Department will
assign the new company the cash
deposit rate of its predecessor.9
In its December 22, 2015 submission,
Ningbo provided information to
demonstrate that it is the successor-ininterest to Yuyao. Ningbo states that the
company’s ownership, location/
production facilities, management, and
customer base have not changed as a
result of the corporate name change. It
states further that its suppliers have
remained largely the same, with some
suppliers added but none eliminated.
To support its claims, Ningbo submitted
the following documents: (1) A copy of
Ningbo’s old and new business licenses,
issued on June 2, 2015, and November
Changed Circumstances Review, 80 FR 48807
(August 14, 2015) (Pasta From Italy Final Results)).
6 See, e.g., Pasta From Italy Preliminary Results,
80 FR at 33480–41 (unchanged in Pasta From Italy
Final Results, 80 FR at 48807).
7 See, e.g., Notice of Initiation and Preliminary
Results of Antidumping Duty Changed
Circumstances Review: Certain Frozen Warmwater
Shrimp From Thailand, 75 FR 61702, 61703
(October 6, 2010) (Shrimp From Thailand
Preliminary Results) (unchanged in Notice of Final
Results of Antidumping Duty Changed
Circumstances Review: Certain Frozen Warmwater
Shrimp From Thailand, 75 FR 74684 (December 1,
2010) (Shrimp From Thailand Final Results)); and
Industrial Phosphoric Acid From Israel: Final
Results of Antidumping Duty Changed
Circumstances Review, 59 FR 6944, 6946 (February
14, 1994).
8 See, e.g., Shrimp From Thailand Preliminary
Results, 75 FR at 61703 (unchanged in Shrimp From
Thailand Final Results, 75 FR at 74684).
9 Id.; see also Notice of Final Results of Changed
Circumstances Antidumping Duty Administrative
Review: Polychloroprene Rubber From Japan, 67 FR
58, 59 (January 2, 2002); and Ball Bearings and
Parts Thereof from France: Final Results of
Changed-Circumstances Review, 75 FR 34688,
34689 (June 18, 2010).
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7505
19, 2015, respectively; 10 (2) a copy of
the government certification and
approval of the company’s name change
from Yuyao to Ningbo; 11 (3) an excerpt
from Yuyao’s June 25, 2015, separate
rate application documenting the
ownership of the company; 12 (4) an
excerpt from Yuyao’s June 25, 2015,
separate rate application listing the
company’s management team; 13 (5) a
listing of the company’s suppliers before
and after its name change.14 Ningbo also
submitted information pertaining to its
location/production facilities and U.S.
customer base.15
Based on the evidence on the record,
we preliminarily find that Ningbo is the
successor-in-interest to Yuyao. We find
that Ningbo operates as the same
business entity as Yuyao and that its
ownership, management, production
facilities, supplier relationships, and
customers have not changed as a result
of its name change. Thus, we
preliminarily find that Ningbo should
receive the same antidumping duty cash
deposit rate with respect to the subject
merchandise as Yuyao, its predecessor
company.16
Should our final results remain the
same as these preliminary results, we
will instruct U.S. Customs and Border
Protection to suspend entries of subject
merchandise exported by Ningbo at
Yuyao’s cash deposit rate, effective on
the publication date of our final results.
Public Comment
Interested parties may submit case
briefs and/or written comments not later
than 14 days after the publication of this
notice.17 Rebuttal briefs, which must be
limited to issues raised in case briefs,
may be filed not later than five days
after the deadline for filing case briefs.18
Parties who submit case briefs or
rebuttal briefs in this changed
10 See
Ningbo CCR Request at Exhibit 1.
at Exhibit 2.
12 Id. at Exhibit 3.
13 Id. at Exhibit 4.
14 Id. at Exhibit 5.
15 Id. at 3–4.
16 Yuyao received a 4.29 percent dumping margin
in the 2012–2014 administrative review of the AD
order on drawn stainless steel sinks from the PRC.
See Drawn Stainless Steel Sinks from the People’s
Republic of China: Final Results of the
Antidumping Duty Administrative Review; 2012–
2014, 80 FR 69644, 69645 (November 10, 2015). We
note that Yuyao is also a respondent in the current
2014–2015 administrative review of this
antidumping duty order. See Initiation of
Antidumping and Countervailing Duty
Administrative Reviews, 80 FR 30041, 30046 (May
26, 2015). At the conclusion of this CCR, if we
determine that Ningbo is the successor-in-interest to
Yuyao, we will assign Ningbo an updated cash
deposit rate based on the final results of the ongoing
review.
17 See 19 CFR 351.309(c)(ii).
18 See 19 CFR 351.309(d).
11 Id.
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7506
Federal Register / Vol. 81, No. 29 / Friday, February 12, 2016 / Notices
circumstances review are requested to
submit with each argument: (1) A
statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities. Interested parties
who wish to comment on the
preliminary results must file briefs
electronically using Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. An
electronically-filed document must be
received successfully in its entirety by
the Department’s electronic records
system, ACCESS, by 5 p.m. Eastern
Time on the date the document is due.
Interested parties that wish to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement and Compliance, filed
electronically via ACCESS, within 14
days of publication of this notice.19
Parties will be notified of the time and
date of any hearing, if requested.20
Consistent with 19 CFR 351.216(e),
we intend to issue the final results of
this changed circumstance review no
later than 270 days after the date on
which this review was initiated, or
within 45 days of publication of these
preliminary results if all parties agree to
our preliminary finding.
We are issuing and publishing this
finding and notice in accordance with
sections 751(b)(1) and 777(i)(1) of the
Act, and 19 CFR 351.216 and
351.221(c)(3)(ii).
Dated: February 5, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2016–02997 Filed 2–11–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
[Docket Number 151103999–6076–02]
Views on the Framework for Improving
Critical Infrastructure Cybersecurity
National Institute of Standards
and Technology, Commerce.
ACTION: Notice; extension of comment
period.
asabaliauskas on DSK9F6TC42PROD with NOTICES2
AGENCY:
The National Institute of
Standards and Technology (NIST) is
extending the period for submitting
comments relating to the ‘‘Framework
SUMMARY:
17:38 Feb 11, 2016
Jkt 238001
Comments must be received by
5:00 p.m. Eastern time on February 23,
2016. Comments received after February
9, 2016 and before publication of this
notice are deemed to be timely.
DATES:
Written comments may be
submitted by mail to Diane Honeycutt,
National Institute of Standards and
Technology, 100 Bureau Drive, Stop
8930, Gaithersburg, MD 20899. Online
submissions in electronic form may be
sent to cyberframework@nist.gov in any
of the following formats: HTML; ASCII;
Word; RTF; or PDF. Please include your
name and your organization’s name (if
any), and cite ‘‘Views on the Framework
for Improving Critical Infrastructure
Cybersecurity’’ in all correspondence.
Comments containing references,
studies, research, and other empirical
data that are not widely published
should include copies of the referenced
materials. Please do not submit
additional materials.
All comments received in response to
this RFI will be posted at https://www.
nist.gov/cyberframework/cybersecurityframework-rfi.cfm without change or
redaction, so commenters should not
include information they do not wish to
be posted (e.g., personal or confidential
business information).
ADDRESSES:
For
questions about this RFI contact: Diane
Honeycutt, National Institute of
Standards and Technology, 100 Bureau
Drive, Stop 8930, Gaithersburg, MD
20899 or cyberframework@nist.gov.
Please direct media inquiries to NIST’s
Office of Public Affairs at (301) 975–
2762.
Enhancement Act of 2014 1 to ‘‘facilitate
and support the development of a
voluntary, consensus-based, industryled set of standards, guidelines, best
practices, methodologies, procedures,
and processes to cost-effectively reduce
cyber risks to critical infrastructure.’’ 2
Executive Order 13636, ‘‘Improving
Critical Infrastructure Cybersecurity’’ 3
tasked the Secretary of Commerce to
direct the Director of NIST to lead the
development of a framework to reduce
cyber risks to critical infrastructure. A
final version of Framework 1.0 was
published on February 12, 2014, after a
year-long, open process involving
private and public sector organizations,
including extensive industry input and
public comments, and announced in the
Federal Register (79 FR 9167) on
February 18, 2014. On December 11,
2015 NIST published a RFI in the
Federal Register (80 FR 76934) seeking
information about the variety of ways in
which the Framework is being used to
improve cybersecurity risk management,
how best practices for using the
Framework are being shared, the
relative value of different parts of the
Framework, the possible need for an
update of the Framework, and options
for the long-term governance of the
Framework. NIST is extending the
comment period announced in the
December 11, 2015 RFI from February 9,
2016 to February 23, 2016 to allow
comments to be submitted during a
timeframe in which a variety of
cybersecurity events are scheduled to
occur.
Kevin Kimball,
Chief of Staff.
[FR Doc. 2016–02860 Filed 2–11–16; 8:45 am]
BILLING CODE 3510–13–P
FOR FURTHER INFORMATION CONTACT:
NIST is
extending the comment period
announced in the December 11, 2015
Request for Information (RFI) (80 FR
76934) through February 23, 2016. NIST
is authorized by the Cybersecurity
SUPPLEMENTARY INFORMATION:
19 See 19 CFR 351.310(c); see also 19 CFR 351.303
for general filing requirements.
20 See 19 CFR 351.310.
VerDate Sep<11>2014
for Improving Critical Infrastructure
Cybersecurity’’ (the ‘‘Framework’’)
through February 23, 2016. In a Request
for Information (RFI) that published in
the Federal Register on December 11,
2015 (80 FR 76934), NIST requested
information about the variety of ways in
which the Framework is being used to
improve cybersecurity risk management,
how best practices for using the
Framework are being shared, the
relative value of different parts of the
Framework, the possible need for an
update of the Framework, and options
for the long-term governance of the
Framework. NIST is extending the
comment period announced in the
December 11, 2015 RFI from February 9,
2016 to February 23, 2016.
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1 Public Law 113–274 (2014): https://www.gpo.
gov/fdsys/pkg/PLAW-113publ274/pdf/PLAW113publ274.pdf
2 Id., codified in relevant part at 15 U.S.C.
272(c)(15). Congress’s intent was to codify NIST’s
role in Executive Order No. 13636: ‘‘Title I would
codify certain elements of Executive Order 13636
by directing the National Institute of Standards and
Technology (NIST) to develop a framework of
voluntary standards designed to reduce risks arising
from cyberattacks on critical infrastructure that is
privately owned and operated.’’ S. Rep. No. 113–
270, at 9 (2014).
3 Exec. Order No. 13636, Improving Critical
Infrastructure Cybersecurity, 78 FR 11739 (Feb. 19,
2013).
E:\FR\FM\12FEN1.SGM
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Agencies
[Federal Register Volume 81, Number 29 (Friday, February 12, 2016)]
[Notices]
[Pages 7504-7506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02997]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-983]
Notice of Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review: Drawn Stainless Steel Sinks From the
People's Republic of China
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is initiating a
changed circumstances review (CCR) of the antidumping duty (AD) order
on drawn stainless steel sinks from the People's Republic of China
(PRC) with regard to Ningbo Afa Kitchen and Bath Co., Ltd. (Ningbo). We
preliminarily determine that Ningbo is the successor-in-interest to
Yuyao Afa Kitchenware Co., Ltd. (Yuyao) for purposes of determining AD
liability. Interested parties are invited to comment on these
preliminary results.
DATES: Effective Date: February 12, 2016.
FOR FURTHER INFORMATION CONTACT: Ross Belliveau or Brian Smith, 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) 482-4952 or (202) 482-1766.
SUPPLEMENTARY INFORMATION:
Background
On April 11, 2013, the Department published in the Federal Register
an AD order on drawn stainless steel sinks from the PRC.\1\ On November
19, 2015, Ningbo, a producer/exporter of drawn stainless steel sinks
covered by this order, changed its name from Yuyao to Ningbo. On
December 22, 2015, Ningbo requested that the Department conduct a
changed circumstances review under section 19 U.S.C. 1675(b) and 19 CFR
351.216.\2\ In this request, Ningbo asked the Department to determine
that it is the successor-in-interest to Yuyao and, accordingly, to
assign it the cash deposit rate of Yuyao.\3\
---------------------------------------------------------------------------
\1\ See Drawn Stainless Steel Sinks from the People's Republic
of China: Amended Final Determination of Sales at Less Than Fair
Value and Antidumping Duty Order, 78 FR 21592 (April 11, 2013).
\2\ See Letter from Ningbo, entitled ``Drawn Stainless Steel
Sinks from the People's Republic of China: Request for Changed
Circumstances Review by Yuyao Afa Kitchenware Co., Ltd. and Ningbo
Afa Kitchen and Bath Co., Ltd.,'' dated December 22, 2015 (Ningbo
CCR Request).
\3\ Id.
---------------------------------------------------------------------------
Scope of the Order
The products covered by the scope of this 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. Mounting clips, fasteners, seals,
and sound-deadening pads are also covered by the scope of this order if
they are included within the sales price of the drawn stainless steel
sinks. For purposes of this scope definition, the term ``drawn'' refers
to a manufacturing process using metal forming technology to produce a
smooth basin with seamless, smooth, and rounded corners. Drawn
stainless steel sinks are available in various shapes and
configurations and may be
[[Page 7505]]
described in a number of ways including flush mount, top mount, or
undermount (to include the attachment relative to the countertop).
Stainless steel sinks with multiple drawn bowls that are joined through
a welding operation to form one unit are covered by the scope of the
order. Drawn stainless steel sinks are covered by the scope of the
order whether or not they are sold in conjunction with non-subject
accessories such as faucets (whether attached or unattached),
strainers, strainer sets, rinsing baskets, bottom grids, or other
accessories.
Excluded from the scope of the order are stainless steel sinks with
fabricated bowls. Fabricated bowls do not have seamless corners, but
rather are made by notching and bending the stainless steel, and then
welding and finishing the vertical corners to form the bowls. Stainless
steel sinks with fabricated bowls may sometimes be referred to as
``zero radius'' or ``near zero radius'' 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 and 7324.10.0010. Although
the HTSUS subheadings are provided for convenience and customs
purposes, the written description of the scope is dispositive.
Initiation and Preliminary Results of Changed Circumstances Review
Pursuant to section 751(b)(1)(A) of the Tariff Act of 1930, as
amended (the Act) and 19 CFR 351.216(d), the Department will conduct a
CCR upon receipt of a request from an interested party for a review of
an AD order which shows changed circumstances sufficient to warrant a
review of the order. The information submitted by Ningbo supporting its
claim that it is the successor-in-interest to Yuyao demonstrates
changed circumstances sufficient to warrant such a review.\4\
---------------------------------------------------------------------------
\4\ See 19 CFR 351.216(d).
---------------------------------------------------------------------------
In accordance with the above-referenced regulation, the Department
is initiating a CCR to determine whether Ningbo is the successor-in-
interest to Yuyao. When it concludes that expedited action is
warranted, the Department may publish the notice of initiation and
preliminary results for a CCR concurrently.\5\ We determined that
expediting this CCR is warranted because we have the information
necessary to make a preliminary finding already on the record, in
accordance with our practice.\6\
---------------------------------------------------------------------------
\5\ See 19 CFR 351.221(c)(3)(ii); see also Certain Pasta From
Italy: Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review, 80 FR 33480, 33480-41 (June 12, 2015)
(Pasta From Italy Preliminary Results) (unchanged in Certain Pasta
From Italy: Final Results of Changed Circumstances Review, 80 FR
48807 (August 14, 2015) (Pasta From Italy Final Results)).
\6\ See, e.g., Pasta From Italy Preliminary Results, 80 FR at
33480-41 (unchanged in Pasta From Italy Final Results, 80 FR at
48807).
---------------------------------------------------------------------------
In determining whether one company is the successor-in-interest to
another, the Department examines a number of factors including, but not
limited to, changes in management, production facilities, supplier
relationships, and customer base.\7\ While no single factor or
combination of these factors will necessarily provide a dispositive
indication of a successor-in-interest relationship, the Department will
generally consider the new company to be the successor to the previous
company if the new company's resulting operation is not materially
dissimilar to that of its predecessor.\8\ Thus, if the evidence
demonstrates that, with respect to the production and sale of the
subject merchandise, the new company operates as the same business
entity as the prior company, the Department will assign the new company
the cash deposit rate of its predecessor.\9\
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\7\ See, e.g., Notice of Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review: Certain Frozen
Warmwater Shrimp From Thailand, 75 FR 61702, 61703 (October 6, 2010)
(Shrimp From Thailand Preliminary Results) (unchanged in Notice of
Final Results of Antidumping Duty Changed Circumstances Review:
Certain Frozen Warmwater Shrimp From Thailand, 75 FR 74684 (December
1, 2010) (Shrimp From Thailand Final Results)); and Industrial
Phosphoric Acid From Israel: Final Results of Antidumping Duty
Changed Circumstances Review, 59 FR 6944, 6946 (February 14, 1994).
\8\ See, e.g., Shrimp From Thailand Preliminary Results, 75 FR
at 61703 (unchanged in Shrimp From Thailand Final Results, 75 FR at
74684).
\9\ Id.; see also Notice of Final Results of Changed
Circumstances Antidumping Duty Administrative Review:
Polychloroprene Rubber From Japan, 67 FR 58, 59 (January 2, 2002);
and Ball Bearings and Parts Thereof from France: Final Results of
Changed-Circumstances Review, 75 FR 34688, 34689 (June 18, 2010).
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In its December 22, 2015 submission, Ningbo provided information to
demonstrate that it is the successor-in-interest to Yuyao. Ningbo
states that the company's ownership, location/production facilities,
management, and customer base have not changed as a result of the
corporate name change. It states further that its suppliers have
remained largely the same, with some suppliers added but none
eliminated. To support its claims, Ningbo submitted the following
documents: (1) A copy of Ningbo's old and new business licenses, issued
on June 2, 2015, and November 19, 2015, respectively; \10\ (2) a copy
of the government certification and approval of the company's name
change from Yuyao to Ningbo; \11\ (3) an excerpt from Yuyao's June 25,
2015, separate rate application documenting the ownership of the
company; \12\ (4) an excerpt from Yuyao's June 25, 2015, separate rate
application listing the company's management team; \13\ (5) a listing
of the company's suppliers before and after its name change.\14\ Ningbo
also submitted information pertaining to its location/production
facilities and U.S. customer base.\15\
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\10\ See Ningbo CCR Request at Exhibit 1.
\11\ Id. at Exhibit 2.
\12\ Id. at Exhibit 3.
\13\ Id. at Exhibit 4.
\14\ Id. at Exhibit 5.
\15\ Id. at 3-4.
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Based on the evidence on the record, we preliminarily find that
Ningbo is the successor-in-interest to Yuyao. We find that Ningbo
operates as the same business entity as Yuyao and that its ownership,
management, production facilities, supplier relationships, and
customers have not changed as a result of its name change. Thus, we
preliminarily find that Ningbo should receive the same antidumping duty
cash deposit rate with respect to the subject merchandise as Yuyao, its
predecessor company.\16\
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\16\ Yuyao received a 4.29 percent dumping margin in the 2012-
2014 administrative review of the AD order on drawn stainless steel
sinks from the PRC. See Drawn Stainless Steel Sinks from the
People's Republic of China: Final Results of the Antidumping Duty
Administrative Review; 2012-2014, 80 FR 69644, 69645 (November 10,
2015). We note that Yuyao is also a respondent in the current 2014-
2015 administrative review of this antidumping duty order. See
Initiation of Antidumping and Countervailing Duty Administrative
Reviews, 80 FR 30041, 30046 (May 26, 2015). At the conclusion of
this CCR, if we determine that Ningbo is the successor-in-interest
to Yuyao, we will assign Ningbo an updated cash deposit rate based
on the final results of the ongoing review.
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Should our final results remain the same as these preliminary
results, we will instruct U.S. Customs and Border Protection to suspend
entries of subject merchandise exported by Ningbo at Yuyao's cash
deposit rate, effective on the publication date of our final results.
Public Comment
Interested parties may submit case briefs and/or written comments
not later than 14 days after the publication of this notice.\17\
Rebuttal briefs, which must be limited to issues raised in case briefs,
may be filed not later than five days after the deadline for filing
case briefs.\18\ Parties who submit case briefs or rebuttal briefs in
this changed
[[Page 7506]]
circumstances review are requested to submit with each argument: (1) A
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities. Interested parties who wish to comment on the
preliminary results must file briefs electronically using Enforcement
and Compliance's Antidumping and Countervailing Duty Centralized
Electronic Service System (ACCESS). ACCESS is available to registered
users at https://access.trade.gov. An electronically-filed document must
be received successfully in its entirety by the Department's electronic
records system, ACCESS, by 5 p.m. Eastern Time on the date the document
is due.
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\17\ See 19 CFR 351.309(c)(ii).
\18\ See 19 CFR 351.309(d).
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Interested parties that wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, filed electronically via ACCESS, within 14 days of
publication of this notice.\19\ Parties will be notified of the time
and date of any hearing, if requested.\20\
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\19\ See 19 CFR 351.310(c); see also 19 CFR 351.303 for general
filing requirements.
\20\ See 19 CFR 351.310.
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Consistent with 19 CFR 351.216(e), we intend to issue the final
results of this changed circumstance review no later than 270 days
after the date on which this review was initiated, or within 45 days of
publication of these preliminary results if all parties agree to our
preliminary finding.
We are issuing and publishing this finding and notice in accordance
with sections 751(b)(1) and 777(i)(1) of the Act, and 19 CFR 351.216
and 351.221(c)(3)(ii).
Dated: February 5, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-02997 Filed 2-11-16; 8:45 am]
BILLING CODE 3510-DS-P