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
<![CDATA[
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 https://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 https://
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]
-----------------------------------------------------------------------
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'').
---------------------------------------------------------------------------
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 https://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
