Porcelain-on-Steel Cooking Ware From the People's Republic of China: Final Results of Expedited Sunset Review of the Antidumping Duty Order, 36870-36871 [2016-13578]

Download as PDF 36870 Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Notices description of the scope of the investigation is dispositive. Appendix II—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Postponement of Final Determination and Extension of Provisional Measures V. Scope Comments VI. Use of Facts Available With Adverse Inferences A. Application of Facts Available B. Use of Adverse Inference C. Selection of the Adverse Facts Available Rate D. Corroboration of Secondary Information VII. All-Others Rate VIII. Adjustments to Cash Deposit Rates for Export Subsidies in Companion Countervailing Duty Investigation IX. Verification X. Conclusion [FR Doc. 2016–13481 Filed 6–7–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–506] Porcelain-on-Steel Cooking Ware From the People’s Republic of China: Final Results of Expedited Sunset Review of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: On February 2, 2016, the Department of Commerce (the ‘‘Department’’) initiated the fourth fiveyear (‘‘sunset’’) review of the antidumping duty order on porcelainon-steel cooking ware (‘‘POS cookware’’) from the People’s Republic of China (‘‘PRC’’) pursuant to section 751(c) of the Tariff Act of 1930, as amended (the ‘‘Act’’).1 On the basis of a notice of intent to participate and an adequate substantive response filed on behalf of the domestic interested parties, as well as a lack of response from respondent interested parties, the Department conducted an expedited sunset review of the antidumping duty order, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of this sunset review, the Department finds that revocation of the Order would likely lead to continuation or recurrence of dumping at the levels indicated in the mstockstill on DSK3G9T082PROD with NOTICES SUMMARY: 1 See Initiation of Five-Year (‘‘Sunset’’) Review, 80 FR 45945 (August 3, 2015) (‘‘Initiation Notice’’). VerDate Sep<11>2014 17:30 Jun 07, 2016 Jkt 238001 ‘‘Final Results of Review’’ section of this notice. DATES: Effective Date: June 8, 2016. FOR FURTHER INFORMATION CONTACT: Andrew Devine, Enforcement and Compliance, Office V, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0238. SUPPLEMENTARY INFORMATION: Background On February 2, 2016, the Department initiated the fourth sunset review of the Order pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘Act’’).2 On February 16, 2016, the Department received a timely notice of intent to participate in the sunset review on behalf of Columbian Home Products LLC (formerly General Housewares Corporation) (‘‘Columbian’’), pursuant to 19 CFR 351.218(d)(1)(i).3 In accordance with 19 CFR 351.218(d)(1)(ii)(A), Columbian is an interested party under section 771(9)(C) of the Act as a producer of the domestic like product. On March 3, 2016, Columbian filed a substantive response in the sunset review within the 30-day deadline, as specified in 19 CFR 351.218(d)(3)(i).4 The Department did not receive a substantive response from any respondent interested party in the sunset review. On April 4, 2016, the Department made its adequacy determination in the sunset review finding that the Department did not receive a substantive response from any respondent interested party.5 Scope of the Order The subject merchandise is porcelainon-steel cooking ware, including tea 2 See Initiation of Five-Year (‘‘Sunset’’) Review, 80 FR 45945 (August 3, 2015) (‘‘Sunset Initiation’’). 3 See Letter to the Secretary from Columbian, ‘‘Five-Year Sunset Review of Antidumping Duty Order on Porcelain-On-Steel Cooking Ware From the People’s Republic of China: Notice of Intent to Participate in Sunset Review,’’ (February 16, 2016). 4 See Letter to the Secretary from Columbian, ‘‘Five-Year (‘‘Sunset’’) Review Of Antidumping Duty Order On Porcelain-On-Steel Cooking Ware From The People’s Republic Of China: Columbian’s Response To Notice Of Initiation,’’ (March 3, 2016) (‘‘Substantive Response’’). 5 See Letter to the ITC from the Department, ‘‘Sunset Reviews Initiated on February 2, 2016,’’ (April 4, 2016); specifically, based on the lack of an adequate response in the sunset review from any respondent party, the Department is conducting an expedited (120-day) sunset review consistent with section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). See also Procedures for Conducting Five-year (‘‘Sunset’’) Reviews of Antidumping and Countervailing Duty Orders, 63 FR 13516, 13519 (March 20, 1998) (the Department normally will conduct an expedited sunset review where respondent interested parties provide an inadequate response). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 kettles, which do not have selfcontained electric heating elements. All of the foregoing are constructed of steel and are enameled or glazed with vitreous glasses. The merchandise is currently classifiable under the Harmonized Tariff Schedule (‘‘HTSUS’’) subheading 7323.94.00.6 Analysis of Comments Received All issues raised in this review are addressed in the ‘‘Issues and Decision Memorandum for the Final Results of the Expedited Sunset Review of the Antidumping Duty Order on Porcelainon-Steel Cooking Ware from the People’s Republic of China’’ (‘‘Issues and Decision Memorandum’’) from Christian Marsh, Deputy Assistant Secretary, Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, dated concurrently with and hereby adopted by this notice. The issues discussed in the Issues and Decision Memorandum include the likelihood of continuation or recurrence of dumping and the magnitude of the margins likely to prevail if the Order were revoked. Parties may find a complete discussion of all issues raised in the review and the corresponding recommendations in this public memorandum which is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Services System (‘‘ACCESS’’). Access to ACCESS is available in the Central Records Unit room B8024 of the main Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Web at http://trade.gov/ enforcement. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. Final Results of Review Pursuant to sections 752(c)(1) and (3) of the Act, we determine that revocation of the antidumping duty order on POS cookware from the PRC would likely lead to continuation or recurrence of dumping at weighted-average margins up to 66.65 percent. Notice Regarding Administrative Protective Order (‘‘APO’’) This notice also serves as the only reminder to parties subject to an APO of their responsibility concerning the return or destruction of proprietary 6 See Porcelain-on-Steel Cooking Ware From the People’s Republic of China: Final Results of Expedited Sunset Review of the Antidumping Duty Order, 76 FR 7534 (February 10, 2011). E:\FR\FM\08JNN1.SGM 08JNN1 Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Notices information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. This sunset review and notice are in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR 351.218. Dated: June 1, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016–13578 Filed 6–7–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–523–812] Circular Welded Carbon-Quality Steel Pipe From the Sultanate of Oman: Affirmative Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: The Department of Commerce (Department) preliminarily determines that circular welded carbon-quality steel pipe (CWP) from the Sultanate of Oman (Oman) is being, or is likely to be, sold in the United States at less than fair value (LTFV), as provided in section 733(b) of the Tariff Act of 1930, as amended (the Act). The period of investigation (POI) is October 1, 2014, through September 30, 2015. The estimated weighted-average dumping margins of sales at LTFV are shown in the ‘‘Preliminary Determination’’ section of this notice. Interested parties are invited to comment on this preliminary determination. SUMMARY: DATES: Effective June 8, 2016. mstockstill on DSK3G9T082PROD with NOTICES FOR FURTHER INFORMATION CONTACT: Katherine Johnson or Terre Keaton Stefanova, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–4929 or (202) 482–1280, respectively. SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 17:30 Jun 07, 2016 Jkt 238001 36871 Background Methodology The Department initiated this investigation on November 17, 2015.1 For a complete description of the events that followed the initiation of this investigation, see the memorandum that is dated concurrently with this determination and hereby adopted by this notice.2 There is one mandatory respondent participating in this investigation, Al Jazeera Steel Products Co. SAOG (Al Jazeera). 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 to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be found at http:// enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. The Department is conducting this investigation in accordance with section 731 of the Act. Export price is calculated in accordance with section 772 of the Act and normal value (NV) is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our preliminary conclusions, see the Preliminary Decision Memorandum. Scope of the Investigation The product covered by this investigation is CWP from Oman. Interested parties filed comments regarding the scope of the investigation, which resulted in one clarification to the scope language and are addressed, in detail, in the Department’s Preliminary Scope Decision Memorandum.3 For a full description of the scope of this investigation, see the ‘‘Scope of the Investigation,’’ in Appendix I of this notice. 1 See Circular Welded Carbon-Quality Steel Pipe From the Sultanate of Oman, Pakistan, the Philippines, the United Arab Emirates, and the Socialist Republic of Vietnam: Initiation of LessThan-Fair-Value Investigations, 80 FR 73708 (November 25, 2015). 2 See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, entitled ‘‘Decision Memorandum for the Preliminary Determination in the Antidumping Duty Investigation of Circular Welded CarbonQuality Steel Pipe From the Sultanate of Oman’’ (Preliminary Decision Memorandum), dated concurrently with this notice. 3 See Department Memorandum, ‘‘Antidumping Duty Investigations of Circular Welded CarbonQuality Steel Pipe From the Sultanate of Oman, Pakistan, the United Arab Emirates, and the Socialist Republic of Vietnam and Countervailing Duty Investigation of Circular Welded CarbonQuality Steel Pipe form Pakistan; Scope Comments Decision Memorandum for the Preliminary Determinations,’’ dated April 1, 2016 (Preliminary Scope Decision Memorandum). PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 All-Others Rate Consistent with sections 733(d)(1)(A)(ii) and 735(c)(5) of the Act, the Department also calculated an estimated all-others rate. Section 735(c)(5)(A) of the Act provides that the estimated all-others rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act. In this investigation, we preliminarily calculated an above de minimis margin for Al Jazeera, the sole respondent in this investigation. Therefore, the rate calculated for Al Jazeera is also assigned as the all-others rate. Preliminary Determination 4 The Department preliminarily determines that the following weightedaverage dumping margins exist: Exporter/ manufacturer Al Jazeera Steel Products Co. SAOG ......................... All Others .............................. Weightedaverage dumping margin (percent) 7.86 7.86 Suspension of Liquidation In accordance with section 733(d)(2) of the Act, we will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of subject merchandise from Oman, as described in Appendix I of this notice, for all companies, which are entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. 4 On March 14, 2016, the Department postponed the preliminary determination in this investigation until May 31, 2016, see Circular Welded CarbonQuality Steel Pipe From the Sultanate of Oman, Pakistan, the United Arab Emirates, and the Socialist Republic of Vietnam: Postponement of Preliminary Determinations of Antidumping Duty Investigations, 81 FR 15039 (March 21, 2016). E:\FR\FM\08JNN1.SGM 08JNN1

Agencies

[Federal Register Volume 81, Number 110 (Wednesday, June 8, 2016)]
[Notices]
[Pages 36870-36871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13578]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-506]


Porcelain-on-Steel Cooking Ware From the People's Republic of 
China: Final Results of Expedited Sunset Review of the Antidumping Duty 
Order

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

SUMMARY: On February 2, 2016, the Department of Commerce (the 
``Department'') initiated the fourth five-year (``sunset'') review of 
the antidumping duty order on porcelain-on-steel cooking ware (``POS 
cookware'') from the People's Republic of China (``PRC'') pursuant to 
section 751(c) of the Tariff Act of 1930, as amended (the ``Act'').\1\ 
On the basis of a notice of intent to participate and an adequate 
substantive response filed on behalf of the domestic interested 
parties, as well as a lack of response from respondent interested 
parties, the Department conducted an expedited sunset review of the 
antidumping duty order, pursuant to section 751(c)(3)(B) of the Act and 
19 CFR 351.218(e)(1)(ii)(C)(2). As a result of this sunset review, the 
Department finds that revocation of the Order would likely lead to 
continuation or recurrence of dumping at the levels indicated in the 
``Final Results of Review'' section of this notice.
---------------------------------------------------------------------------

    \1\ See Initiation of Five-Year (``Sunset'') Review, 80 FR 45945 
(August 3, 2015) (``Initiation Notice'').

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DATES: Effective Date: June 8, 2016.

FOR FURTHER INFORMATION CONTACT: Andrew Devine, Enforcement and 
Compliance, Office V, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-0238.

SUPPLEMENTARY INFORMATION: 

Background

    On February 2, 2016, the Department initiated the fourth sunset 
review of the Order pursuant to section 751(c) of the Tariff Act of 
1930, as amended (``Act'').\2\ On February 16, 2016, the Department 
received a timely notice of intent to participate in the sunset review 
on behalf of Columbian Home Products LLC (formerly General Housewares 
Corporation) (``Columbian''), pursuant to 19 CFR 351.218(d)(1)(i).\3\ 
In accordance with 19 CFR 351.218(d)(1)(ii)(A), Columbian is an 
interested party under section 771(9)(C) of the Act as a producer of 
the domestic like product. On March 3, 2016, Columbian filed a 
substantive response in the sunset review within the 30-day deadline, 
as specified in 19 CFR 351.218(d)(3)(i).\4\ The Department did not 
receive a substantive response from any respondent interested party in 
the sunset review. On April 4, 2016, the Department made its adequacy 
determination in the sunset review finding that the Department did not 
receive a substantive response from any respondent interested party.\5\
---------------------------------------------------------------------------

    \2\ See Initiation of Five-Year (``Sunset'') Review, 80 FR 45945 
(August 3, 2015) (``Sunset Initiation'').
    \3\ See Letter to the Secretary from Columbian, ``Five-Year 
Sunset Review of Antidumping Duty Order on Porcelain-On-Steel 
Cooking Ware From the People's Republic of China: Notice of Intent 
to Participate in Sunset Review,'' (February 16, 2016).
    \4\ See Letter to the Secretary from Columbian, ``Five-Year 
(``Sunset'') Review Of Antidumping Duty Order On Porcelain-On-Steel 
Cooking Ware From The People's Republic Of China: Columbian's 
Response To Notice Of Initiation,'' (March 3, 2016) (``Substantive 
Response'').
    \5\ See Letter to the ITC from the Department, ``Sunset Reviews 
Initiated on February 2, 2016,'' (April 4, 2016); specifically, 
based on the lack of an adequate response in the sunset review from 
any respondent party, the Department is conducting an expedited 
(120-day) sunset review consistent with section 751(c)(3)(B) of the 
Act and 19 CFR 351.218(e)(1)(ii)(C)(2). See also Procedures for 
Conducting Five-year (``Sunset'') Reviews of Antidumping and 
Countervailing Duty Orders, 63 FR 13516, 13519 (March 20, 1998) (the 
Department normally will conduct an expedited sunset review where 
respondent interested parties provide an inadequate response).
---------------------------------------------------------------------------

Scope of the Order

    The subject merchandise is porcelain-on-steel cooking ware, 
including tea kettles, which do not have self-contained electric 
heating elements. All of the foregoing are constructed of steel and are 
enameled or glazed with vitreous glasses. The merchandise is currently 
classifiable under the Harmonized Tariff Schedule (``HTSUS'') 
subheading 7323.94.00.\6\
---------------------------------------------------------------------------

    \6\ See Porcelain-on-Steel Cooking Ware From the People's 
Republic of China: Final Results of Expedited Sunset Review of the 
Antidumping Duty Order, 76 FR 7534 (February 10, 2011).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in this review are addressed in the ``Issues and 
Decision Memorandum for the Final Results of the Expedited Sunset 
Review of the Antidumping Duty Order on Porcelain-on-Steel Cooking Ware 
from the People's Republic of China'' (``Issues and Decision 
Memorandum'') from Christian Marsh, Deputy Assistant Secretary, 
Antidumping and Countervailing Duty Operations, to Paul Piquado, 
Assistant Secretary for Enforcement and Compliance, dated concurrently 
with and hereby adopted by this notice. The issues discussed in the 
Issues and Decision Memorandum include the likelihood of continuation 
or recurrence of dumping and the magnitude of the margins likely to 
prevail if the Order were revoked. Parties may find a complete 
discussion of all issues raised in the review and the corresponding 
recommendations in this public memorandum which is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Services System 
(``ACCESS''). Access to ACCESS is available in the Central Records Unit 
room B8024 of the main Commerce building. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
on the Web at http://trade.gov/enforcement. The signed Issues and 
Decision Memorandum and the electronic version of the Issues and 
Decision Memorandum are identical in content.

Final Results of Review

    Pursuant to sections 752(c)(1) and (3) of the Act, we determine 
that revocation of the antidumping duty order on POS cookware from the 
PRC would likely lead to continuation or recurrence of dumping at 
weighted-average margins up to 66.65 percent.

Notice Regarding Administrative Protective Order (``APO'')

    This notice also serves as the only reminder to parties subject to 
an APO of their responsibility concerning the return or destruction of 
proprietary

[[Page 36871]]

information disclosed under APO in accordance with 19 CFR 351.305. 
Timely notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a violation which is 
subject to sanction.
    This sunset review and notice are in accordance with sections 
751(c), 752(c), and 777(i)(1) of the Act and 19 CFR 351.218.

    Dated: June 1, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-13578 Filed 6-7-16; 8:45 am]
 BILLING CODE 3510-DS-P