Drawn Stainless Steel Sinks From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2014-2015, 29528-29530 [2016-11249]
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29528
Federal Register / Vol. 81, No. 92 / Thursday, May 12, 2016 / Notices
(duty rates–free to 3.1%) for the foreignstatus inputs noted below. Customs
duties also could possibly be deferred or
reduced on foreign-status production
equipment.
The components sourced from abroad
include: Radial and bias-ply tires for
agricultural machinery, forklifts, ATVs,
golf carts, lawn and garden equipment,
and passenger cars; specialty tire (ST)rated radial and bias-ply tires for
trailers; steel and aluminum wheels for
agricultural machinery, trailers, golf
carts, ATVs, forklifts, and lawn and
garden equipment; and, steel and
aluminum wheel parts (duty rates range
from free to 4%).
Public comment is invited from
interested parties. Submissions shall be
addressed to the FTZ Board’s Executive
Secretary at the address below. The
closing period for their receipt is June
21, 2016.
A copy of the notification will be
available for public inspection at the
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room
21013, U.S. Department of Commerce,
1401 Constitution Avenue NW.,
Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the FTZ
Board’s Web site, which is accessible
via www.trade.gov/ftz.
For further information, contact Diane
Finver at Diane.Finver@trade.gov or
(202) 482–1367.
Dated: May 5, 2016.
Andrew McGilvray,
Executive Secretary.
DATES:
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.
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 and Preliminary Determination
of No Shipments; 2014–2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
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),
for the period of review (POR), April 1,
2014, through March 31, 2015. We
preliminarily find that respondent
Guangdong Dongyuan Kitchenware
asabaliauskas on DSK3SPTVN1PROD with NOTICES
AGENCY:
17:02 May 11, 2016
Effective Date: May 12, 2016.
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2016–11236 Filed 5–11–16; 8:45 am]
VerDate Sep<11>2014
Industrial Co., Ltd. (Dongyuan) made
sales of the subject merchandise in the
United States at prices below normal
value (NV). In addition, we
preliminarily find that the other
mandatory respondents, B&R Industries
Limited (B&R Industries), Zhongshan
Newecan Enterprise Development
Corporation (Newecan), and Zhongshan
Superte Kitchenware Co., Ltd./Superte
invoiced as Foshan Zhaoshun Trade
Co., Ltd. (Superte), are part of the PRCwide entity and will receive the rate of
that entity, which is not under review.
We are also preliminarily granting
separate rates to Feidong Import and
Export Co., Ltd. (Feidong) and Ningbo
Afa Kitchen and Bath Co., Ltd. (Ningbo
Afa),1 which demonstrated eligibility for
separate rate status, but were not
selected for individual examination.
Additionally, we are preliminarily
including nine companies 2 that failed
to demonstrate their entitlement to a
separate rate as part of the PRC-wide
entity. Finally, we preliminarily find
that Shenzhen Kehuaxing Industrial
Ltd. (Kehuaxing) made no shipments of
subject merchandise 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.
Jkt 238001
SUPPLEMENTARY INFORMATION:
1 On March 21, 2016, the Department determined
that Ningbo Afa is the successor-in-interest to
Yuyao Afa Kitchenware Co., Ltd. (Yuyao Afa), and
stated that Ningbo Afa will be assigned an updated
cash deposit rate based on the final results of this
administrative review. See Notice of Final Results
of Antidumping Duty Changed Circumstances
Review: Drawn Stainless Steel Sinks from the
People’s Republic of China, 81 FR 16138, 16139
(March 25, 2016).
2 These nine companies are: (1) J&C Industries
Enterprise Limited (J&C Industries); (2) Foshan
Shunde MingHao Kitchen Utensils Co., Ltd.
(MingHao); (3) Franke Asia Sourcing Ltd. (Franke);
(4) Grand Hill Work Company (Grand Hill); (5)
Hangzhou Heng’s Industries Co., Ltd. (Heng’s
Industries); (6) Jiangmen Hongmao Trading Co., Ltd.
(Hongmao); (7) Jiangxi Zoje Kitchen & Bath Industry
Co., Ltd. (Zoje); (8) Ningbo Oulin Kitchen Utensils
Co., Ltd. (Ningbo Oulin); (9) Shunde Foodstuffs
Import & Export Company Limited of Guangdong
(Shunde Foodstuffs).
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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.3
Tolling of Deadline of Preliminary
Results of Review
As explained in the memorandum
from the Acting Assistant Secretary for
Enforcement and Compliance, the
Department has exercised its discretion
to toll all administrative deadlines due
to the recent closure of the Federal
Government. All deadlines in this
segment of the proceeding have been
extended by four business days.4
Methodology
The Department is conducting this
review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as
amended (the Act). For the mandatory
respondent Dongyuan, export prices
were 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 was 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 B8024 of
the main Department of Commerce
building. In addition, a complete
3 For a complete description of the Scope of the
Order, see Memorandum from Christian Marsh,
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, ‘‘Decision Memorandum for
Preliminary Results of the Antidumping Duty
Administrative Review: Drawn Stainless Steel Sinks
from the People’s Republic of China,’’ issued
concurrently with and hereby adopted by this
notice (Preliminary Decision Memorandum).
4 See Memorandum to the Record from Ron
Lorentzen, Acting A/S for Enforcement &
Compliance, ‘‘Tolling of Administrative Deadlines
As a Result of the Government Closure During
Snowstorm Jonas’’ (January 27, 2016).
E:\FR\FM\12MYN1.SGM
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Federal Register / Vol. 81, No. 92 / Thursday, May 12, 2016 / Notices
version of the Preliminary Decision
Memorandum can be accessed directly
on 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 Determination of No
Shipments
On June 24, 2015, Kehuaxing
submitted a timely-filed certification
that it had no exports, sales, or entries
of subject merchandise during the POR.5
Additionally, our inquiry to CBP did not
identify any POR entries of Kehuaxing’s
subject merchandise. Based on the
foregoing, the Department preliminarily
determines that Kehuaxing did not have
any reviewable transactions during the
POR. For additional information
regarding this determination, see the
Preliminary Decision Memorandum.
Consistent with our practice in NME
cases, the Department is not rescinding
this administrative review for
Kehuaxing, but intends to complete the
review and issue appropriate
instructions to CBP based on the final
results of the review.6
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Preliminary Results of Review
Because B&R Industries, Newecan,
and Superte withdrew from
participation in the review and did not
respond to the Department’s requests for
information, the Department
preliminarily finds these companies to
be part of the PRC-wide entity.7
Additionally, because Shunde
Foodstuffs, Franke, Grand Hill, Heng’s
Industries, Hongmao, J&C Industries,
5 See Letter from Kehuaxing, ‘‘Drawn Stainless
Steel Sinks from People’s Republic of China; A–
570–983; Certification of No Sales by Shenzhen
Kehuaxing Industrial Ltd.’’ (June 24, 2015).
6 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–95 (October 24, 2011) (NME AD
Assessment) and the ‘‘Assessment Rates’’ section,
below.
7 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.
VerDate Sep<11>2014
17:02 May 11, 2016
Jkt 238001
MingHao, Ningbo Oulin, and Zoje did
not submit a separate rate application or
certification by the deadline established
in the Initiation Notice, or make a claim
that they had no exports, sales, or
entries of subject merchandise during
the POR, we preliminarily find that
these companies failed to establish their
entitlement to a separate rate, and
therefore, remain a part of the PRC-wide
entity. The rate previously established
for the PRC-wide entity is 76.45
percent.8 This rate is not under review.
The Department preliminarily
determines that the following weightedaverage dumping margins exist for the
period April 1, 2014, through March 31,
2015:
Weightedaverage
dumping
margin
(%)
Exporters
29529
Any interested party may request a
hearing within 30 days of publication of
this notice.12 Hearing requests should
contain the following information: (1)
The party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of the issues
to be discussed. Oral presentations will
be limited to issues raised in the briefs.
If a request for a hearing is made, parties
will be notified of the time and date for
the hearing to be held at the U.S.
Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230.13
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
1.65
Department will determine, and CBP
1.65 shall assess, antidumping duties on all
appropriate entries covered by this
1.65 review.14 The Department intends to
* This company demonstrated that it quali- issue appropriate assessment
fied for a separate rate in this administrative instructions to CBP 15 days after the
review. Consistent with the Department’s prac- publication of the final results of this
tice, we preliminarily assigned this company a review.
rate of 1.65 percent—the rate calculated for
For Dongyuan, if we continue to
the mandatory respondent in this review.9
calculate a weighted-average dumping
Disclosure and Public Comment
margin that is not zero or de minimis
(i.e., less than 0.5 percent) in the final
The Department intends to disclose to results, we will calculate importer- (or
the parties the calculations performed
customer-) specific per-unit duty
for these preliminary results within five assessment rates based on the ratio of
days of the date of publication of this
the total amount of dumping calculated
notice in accordance with 19 CFR
for the importer’s (or customer’s)
351.224(b). Interested parties may
examined sales to the total sales
submit case briefs no later than 30 days
quantity associated with those sales, in
after the date of publication of these
accordance with 19 CFR 351.212(b)(1).15
10
preliminary results of review.
The Department will also calculate
Rebuttals to case briefs may be filed no
(estimated) ad valorem importerlater than five days after the written
specific assessment rates with which to
comments are filed, and all rebuttal
assess whether the per-unit assessment
comments must be limited to comments rate is de minimis. We will instruct CBP
raised in the case briefs.11
to assess antidumping duties on all
appropriate entries covered by this
8 The PRC-wide rate determined in the
review when the importer-specific ad
investigation was 76.53 percent. See Drawn
valorem assessment rate calculated in
Stainless Steel Sinks from the People’s Republic of
the final results of this review is not
China: Amended Final Determination of Sales at
Less Than Fair Value and Antidumping Duty Order, zero or de minimis. Where either
78 FR 21592 (April 11, 2013). This rate was
Dongyuan’s ad valorem weightedadjusted for export subsidies and estimated
average dumping margin is zero or de
domestic subsidy pass through to determine the
Guangdong Dongyuan Kitchenware Industrial Co., Ltd
Ningbo Afa Kitchen and Bath
Co., Ltd * ...........................
Feidong Import and Export
Co., Ltd * ...........................
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).
9 See Stainless Steel Bar From India: Final Results
of the Antidumping Duty Administrative Review, 77
FR 39467 (July 3, 2012) and accompanying Issues
and Decision Memorandum at 12.
10 See 19 CFR 351.309(c).
11 See 19 CFR 351.309(d).
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Fmt 4703
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12 See
19 CFR 351.310(c).
19 CFR 351.310(d).
14 See 19 CFR 351.212(b)(1).
15 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).
13 See
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12MYN1
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Federal Register / Vol. 81, No. 92 / Thursday, May 12, 2016 / Notices
minimis, or an importer-(or customer-)
specific ad valorem assessment rate is
zero or de minimis,16 we will instruct
CBP to liquidate the appropriate entries
without regard to antidumping duties.
For Feidong and Ningbo Afa, 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 rate
calculated for the mandatory respondent
in this review (i.e., 1.65 percent).17
For the final results, if we continue to
treat the non-responding mandatory
respondents B&R Industries, Newecan,
and Superte, 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 database
submitted by the company individually
examined during this review, the
Department will instruct CBP to
liquidate such entries at the PRC-wide
rate. In addition, if we continue to find
that Kehuaxing had no shipments of the
subject merchandise, any suspended
entries of subject merchandise from
Kehuaxing will be liquidated at the
PRC-wide rate.18
asabaliauskas on DSK3SPTVN1PROD with NOTICES
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
16 See
19 CFR 351.106(c)(2).
Drawn Stainless Steel Sinks from the
People’s Republic of China: Preliminary Results of
Antidumping Duty Administrative Review, 80 FR
26227, 26228 (May 7, 2015); unchanged in Drawn
Stainless Steel Sinks From the People’s Republic of
China: Final Results of the Antidumping Duty
Administrative Review; 2012–2014, 80 FR 69644
(November 10, 2015).
18 For a full discussion of this practice, see NME
AD Assessment.
17 See
VerDate Sep<11>2014
17:02 May 11, 2016
Jkt 238001
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.
2. Results of the Differential Pricing
Analysis
3. Export Price
4. VAT
5. Normal Value
H. Factor Valuation Methodology
I. Adjustment Under Section 777A(f) of the
Act
J. Currency Conversion
V. Conclusion
Notification to Importers
[A–570–893]
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 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’s presumption
that reimbursement of antidumping
and/or countervailing duties occurred
and the subsequent assessment of
double antidumping duties.
We are issuing and publishing these
preliminary results of review in
accordance with sections 751(a)(l) and
777(i)(l) of the Act and 19 CFR 351.213.
Certain Frozen Warmwater Shrimp
From the People’s Republic of China:
Rescission of Antidumping Duty
Administrative Review; 2015–2016
Dated: May 5, 2016.
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. Preliminary Determination of No
Shipments
B. Non-Market Economy Country Status
C. Separate Rates Determination
1. Absence of De Jure Control
2. Absence of De Facto Control
3. Separate Rate for Non-Selected
Companies
D. Companies Preliminarily Considered
Part of the PRC-Wide Entity
1. B&R Industries, Newecan, and Superte
2. Shunde Foodstuffs, Franke, Grand Hill,
Heng’s Industries, Hongmao, J&C
Industries, MingHao, Ningbo Oulin, and
Zoje
E. Surrogate Country
1. Economic Comparability
2. Significant Producer of Comparable
Merchandise
3. Data Availability
F. Date of Sale
G. Comparisons to Normal Value
1. Determination of Comparison Method
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[FR Doc. 2016–11249 Filed 5–11–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) is rescinding the
administrative review of the
antidumping duty order on certain
frozen warmwater shrimp (‘‘shrimp’’)
from the People’s Republic of China
(‘‘PRC’’) for the period February 1, 2015
through January 31, 2016.
DATES: Effective Date: May 12, 2016.
FOR FURTHER INFORMATION CONTACT:
Kabir Archuletta, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–2593.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On April 7, 2016, based on a timely
request for review on behalf of the Ad
Hoc Shrimp Trade Action Committee
(‘‘Petitioner’’) 1 and the American
Shrimp Processors Association
(‘‘Domestic Processors’’),2 the
Department published in the Federal
Register a notice of initiation of an
administrative review of the
antidumping duty order on shrimp from
1 See Letter to the Secretary of Commerce from
the Ad Hoc Shrimp Trade Action Committee
(‘‘AHSTAC’’) ‘‘Certain Frozen Warmwater Shrimp
from the People’s Republic of China: Request for
Administrative Reviews’’ (February 24, 2016).
2 See Letter to the Secretary of Commerce from
the American Shrimp Processors Association
(‘‘ASPA’’) ‘‘Administrative Review of the
Antidumping Duty Order Covering Frozen
Warmwater Shrimp from the People’s Republic of
China (POR 11: 02/01/15–01/31/16): American
Shrimp Processors Association’s Request for an
Administrative Review’’ (February 29, 2016).
E:\FR\FM\12MYN1.SGM
12MYN1
Agencies
[Federal Register Volume 81, Number 92 (Thursday, May 12, 2016)]
[Notices]
[Pages 29528-29530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11249]
-----------------------------------------------------------------------
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 and
Preliminary Determination of No Shipments; 2014-2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
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),
for the period of review (POR), April 1, 2014, through March 31, 2015.
We preliminarily find that respondent Guangdong Dongyuan Kitchenware
Industrial Co., Ltd. (Dongyuan) made sales of the subject merchandise
in the United States at prices below normal value (NV). In addition, we
preliminarily find that the other mandatory respondents, B&R Industries
Limited (B&R Industries), Zhongshan Newecan Enterprise Development
Corporation (Newecan), and Zhongshan Superte Kitchenware Co., Ltd./
Superte invoiced as Foshan Zhaoshun Trade Co., Ltd. (Superte), are part
of the PRC-wide entity and will receive the rate of that entity, which
is not under review. We are also preliminarily granting separate rates
to Feidong Import and Export Co., Ltd. (Feidong) and Ningbo Afa Kitchen
and Bath Co., Ltd. (Ningbo Afa),\1\ which demonstrated eligibility for
separate rate status, but were not selected for individual examination.
Additionally, we are preliminarily including nine companies \2\ that
failed to demonstrate their entitlement to a separate rate as part of
the PRC-wide entity. Finally, we preliminarily find that Shenzhen
Kehuaxing Industrial Ltd. (Kehuaxing) made no shipments of subject
merchandise 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.
---------------------------------------------------------------------------
\1\ On March 21, 2016, the Department determined that Ningbo Afa
is the successor-in-interest to Yuyao Afa Kitchenware Co., Ltd.
(Yuyao Afa), and stated that Ningbo Afa will be assigned an updated
cash deposit rate based on the final results of this administrative
review. See Notice of Final Results of Antidumping Duty Changed
Circumstances Review: Drawn Stainless Steel Sinks from the People's
Republic of China, 81 FR 16138, 16139 (March 25, 2016).
\2\ These nine companies are: (1) J&C Industries Enterprise
Limited (J&C Industries); (2) Foshan Shunde MingHao Kitchen Utensils
Co., Ltd. (MingHao); (3) Franke Asia Sourcing Ltd. (Franke); (4)
Grand Hill Work Company (Grand Hill); (5) Hangzhou Heng's Industries
Co., Ltd. (Heng's Industries); (6) Jiangmen Hongmao Trading Co.,
Ltd. (Hongmao); (7) Jiangxi Zoje Kitchen & Bath Industry Co., Ltd.
(Zoje); (8) Ningbo Oulin Kitchen Utensils Co., Ltd. (Ningbo Oulin);
(9) Shunde Foodstuffs Import & Export Company Limited of Guangdong
(Shunde Foodstuffs).
---------------------------------------------------------------------------
DATES: Effective Date: May 12, 2016.
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.\3\
---------------------------------------------------------------------------
\3\ For a complete description of the Scope of the Order, see
Memorandum from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and Compliance, ``Decision
Memorandum for Preliminary Results of the Antidumping Duty
Administrative Review: Drawn Stainless Steel Sinks from the People's
Republic of China,'' issued concurrently with and hereby adopted by
this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Tolling of Deadline of Preliminary Results of Review
As explained in the memorandum from the Acting Assistant Secretary
for Enforcement and Compliance, the Department has exercised its
discretion to toll all administrative deadlines due to the recent
closure of the Federal Government. All deadlines in this segment of the
proceeding have been extended by four business days.\4\
---------------------------------------------------------------------------
\4\ See Memorandum to the Record from Ron Lorentzen, Acting A/S
for Enforcement & Compliance, ``Tolling of Administrative Deadlines
As a Result of the Government Closure During Snowstorm Jonas''
(January 27, 2016).
---------------------------------------------------------------------------
Methodology
The Department is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). For the
mandatory respondent Dongyuan, export prices were 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 was
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 B8024 of the main Department of Commerce building. In
addition, a complete
[[Page 29529]]
version of the Preliminary Decision Memorandum can be accessed directly
on 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 Determination of No Shipments
On June 24, 2015, Kehuaxing submitted a timely-filed certification
that it had no exports, sales, or entries of subject merchandise during
the POR.\5\ Additionally, our inquiry to CBP did not identify any POR
entries of Kehuaxing's subject merchandise. Based on the foregoing, the
Department preliminarily determines that Kehuaxing did not have any
reviewable transactions during the POR. For additional information
regarding this determination, see the Preliminary Decision Memorandum.
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\5\ See Letter from Kehuaxing, ``Drawn Stainless Steel Sinks
from People's Republic of China; A-570-983; Certification of No
Sales by Shenzhen Kehuaxing Industrial Ltd.'' (June 24, 2015).
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Consistent with our practice in NME cases, the Department is not
rescinding this administrative review for Kehuaxing, but intends to
complete the review and issue appropriate instructions to CBP based on
the final results of the review.\6\
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\6\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) (NME
AD Assessment) and the ``Assessment Rates'' section, below.
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Preliminary Results of Review
Because B&R Industries, Newecan, and Superte withdrew from
participation in the review and did not respond to the Department's
requests for information, the Department preliminarily finds these
companies to be part of the PRC-wide entity.\7\ Additionally, because
Shunde Foodstuffs, Franke, Grand Hill, Heng's Industries, Hongmao, J&C
Industries, MingHao, Ningbo Oulin, and Zoje did not submit a separate
rate application or certification by the deadline established in the
Initiation Notice, or make a claim that they had no exports, sales, or
entries of subject merchandise during the POR, we preliminarily find
that these companies failed to establish their entitlement to a
separate rate, and therefore, remain a part of the PRC-wide entity. The
rate previously established for the PRC-wide entity is 76.45
percent.\8\ This rate is not under review.
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\7\ 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.
\8\ 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).
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The Department preliminarily determines that the following
weighted-average dumping margins exist for the period April 1, 2014,
through March 31, 2015:
------------------------------------------------------------------------
Weighted-
average
Exporters dumping
margin (%)
------------------------------------------------------------------------
Guangdong Dongyuan Kitchenware Industrial Co., Ltd...... 1.65
Ningbo Afa Kitchen and Bath Co., Ltd *.................. 1.65
Feidong Import and Export Co., Ltd *.................... 1.65
------------------------------------------------------------------------
* This company demonstrated that it qualified for a separate rate in
this administrative review. Consistent with the Department's practice,
we preliminarily assigned this company a rate of 1.65 percent--the
rate calculated for the mandatory respondent in this review.\9\
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.\10\
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.\11\
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\9\ See Stainless Steel Bar From India: Final Results of the
Antidumping Duty Administrative Review, 77 FR 39467 (July 3, 2012)
and accompanying Issues and Decision Memorandum at 12.
\10\ See 19 CFR 351.309(c).
\11\ 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.\12\ Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations will be limited to issues raised in
the briefs. If a request for a hearing is made, parties will be
notified of the time and date for the hearing to be held at the U.S.
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC
20230.\13\
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\12\ See 19 CFR 351.310(c).
\13\ 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.\14\ 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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\14\ See 19 CFR 351.212(b)(1).
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For Dongyuan, if we continue to calculate a weighted-average
dumping margin that is not zero or de minimis (i.e., less than 0.5
percent) in the final results, 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).\15\ The
Department will also calculate (estimated) ad valorem importer-specific
assessment rates with which to assess whether the per-unit assessment
rate is de minimis. We will instruct CBP to assess antidumping duties
on all appropriate entries covered by this review when the importer-
specific ad valorem assessment rate calculated in the final results of
this review is not zero or de minimis. Where either Dongyuan's ad
valorem weighted-average dumping margin is zero or de
[[Page 29530]]
minimis, or an importer-(or customer-) specific ad valorem assessment
rate is zero or de minimis,\16\ we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.
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\15\ 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).
\16\ See 19 CFR 351.106(c)(2).
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For Feidong and Ningbo Afa, 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
rate calculated for the mandatory respondent in this review (i.e., 1.65
percent).\17\
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\17\ See Drawn Stainless Steel Sinks from the People's Republic
of China: Preliminary Results of Antidumping Duty Administrative
Review, 80 FR 26227, 26228 (May 7, 2015); unchanged in Drawn
Stainless Steel Sinks From the People's Republic of China: Final
Results of the Antidumping Duty Administrative Review; 2012-2014, 80
FR 69644 (November 10, 2015).
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For the final results, if we continue to treat the non-responding
mandatory respondents B&R Industries, Newecan, and Superte, 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 database submitted by the company
individually examined during this review, the Department will instruct
CBP to liquidate such entries at the PRC-wide rate. In addition, if we
continue to find that Kehuaxing had no shipments of the subject
merchandise, any suspended entries of subject merchandise from
Kehuaxing will be liquidated at the PRC-wide rate.\18\
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\18\ For a full discussion of this practice, see NME AD
Assessment.
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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 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's
presumption that reimbursement of antidumping and/or countervailing
duties occurred and the subsequent assessment of double antidumping
duties.
We are issuing and publishing these preliminary results of review
in accordance with sections 751(a)(l) and 777(i)(l) of the Act and 19
CFR 351.213.
Dated: May 5, 2016.
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. Preliminary Determination of No Shipments
B. Non-Market Economy Country Status
C. Separate Rates Determination
1. Absence of De Jure Control
2. Absence of De Facto Control
3. Separate Rate for Non-Selected Companies
D. Companies Preliminarily Considered Part of the PRC-Wide
Entity
1. B&R Industries, Newecan, and Superte
2. Shunde Foodstuffs, Franke, Grand Hill, Heng's Industries,
Hongmao, J&C Industries, MingHao, Ningbo Oulin, and Zoje
E. Surrogate Country
1. Economic Comparability
2. Significant Producer of Comparable Merchandise
3. Data Availability
F. Date of Sale
G. Comparisons to Normal Value
1. Determination of Comparison Method
2. Results of the Differential Pricing Analysis
3. Export Price
4. VAT
5. Normal Value
H. Factor Valuation Methodology
I. Adjustment Under Section 777A(f) of the Act
J. Currency Conversion
V. Conclusion
[FR Doc. 2016-11249 Filed 5-11-16; 8:45 am]
BILLING CODE 3510-DS-P