Drawn Stainless Steel Sinks From the People's Republic of China: Final Results of the Expedited First Sunset Review of the Antidumping Duty Order, 34544-34545 [2018-15569]

Download as PDF 34544 Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices DEPARTMENT OF COMMERCE International Trade Administration [A–570–983] Drawn Stainless Steel Sinks From the People’s Republic of China: Final Results of the Expedited First Sunset Review of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of this sunset review, the Department of Commerce (Commerce) finds that revocation of the antidumping duty order would be likely to lead to the continuation or recurrence of dumping at the levels indicated in the ‘‘Final Results of Review’’ section of this notice. DATES: Applicable July 20, 2018. FOR FURTHER INFORMATION CONTACT: Joshua Tucker, 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) 482–2044. SUPPLEMENTARY INFORMATION: AGENCY: daltland on DSKBBV9HB2PROD with NOTICES Background On April 11, 2013, Commerce published its antidumping duty order on drawn stainless steel sinks from China.1 On March 5, 2018, Commerce published the notice of initiation of the first sunset review of the antidumping duty order on drawn stainless steel sinks from China pursuant to section 751(c) of the Act.2 On March 16, 2018, Commerce received a notice of intent to participate from Elkay Manufacturing Company (Elkay), a domestic interested party, within the deadline specified in 19 CFR 351.218(d)(1)(i).3 Elkay claimed interested party status under section 771(9)(C) of the Act as a producer of drawn stainless steel sinks in the United States. On April 2, 2018, Commerce received an adequate substantive response to the notice of initiation from Elkay within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).4 We received no 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) (Order). 2 See Initiation of Five-Year (Sunset) Reviews, 83 FR 9279 (March 5, 2018). 3 See Letter from Elkay ‘‘First Five-Year (‘Sunset’) Review of Antidumping Duty Order on Drawn Stainless Steel Sinks from the People’s Republic of China/Elkay Manufacturing Company’s Notice of Intent to Participate,’’ dated March 16, 2018. 4 See Letter from Elkay ‘‘First Five-Year (‘Sunset’) Review of The Antidumping Duty Order on Drawn Stainless Steel Sinks from the People’s Republic of VerDate Sep<11>2014 18:06 Jul 19, 2018 Jkt 244001 substantive responses from respondent interested parties with respect to the order covered by this sunset review. On April 10, 2018, Commerce notified the U.S. International Trade Commission (ITC) that it did not receive an adequate substantive response from respondent interested parties.5 As a result, pursuant to 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) sunset review of the antidumping duty order on drawn stainless steel sinks from China. Scope of the Order The merchandise covered by the order includes 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.6 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 described in a number of ways including flush mount, top mount, or undermount (to indicate 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 China/Substantive Response to the Notice Of Initiation,’’ dated April 2, 2018. 5 See Letter to the ITC re: ‘‘Sunset Reviews Initiated on March 5, 2018,’’ dated April 10, 2018. 6 Mounting clips, fasteners, seals, and sounddeadening pads are not covered by the scope of this order if they are not included within the sales price of the drawn stainless steel sinks, regardless of whether they are shipped with or entered with drawn stainless steel sinks. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 ‘‘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 of the order is dispositive. Analysis of Comments Received All issues raised in this sunset review are addressed in the Issues and Decision Memorandum,7 which is hereby adopted by this notice. The issues discussed in the Issues and Decision Memorandum are the likelihood of continuation or recurrence of dumping and the magnitude of the dumping margin likely to prevail if the order were revoked. The Issues and 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 http://access.trade.gov, and to all in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at http:// enforcement.trade.gov/frn. 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 751(c)(1) and 752(b) of the Act, Commerce determines that revocation of the antidumping duty order on drawn stainless steel sinks from China would be likely to lead to the continuation or recurrence of dumping and that the magnitude of the dumping margins likely to prevail would be weighted-average dumping margins up to 76.53 percent.8 7 See Memorandum ‘‘Issues and Decision Memorandum for the Expedited First Sunset Review of the Antidumping Duty Order on Drawn Stainless Steel Sinks from the People’s Republic of China,’’ dated concurrently with this notice (Issues and Decision Memorandum). 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, 21594 (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 E:\FR\FM\20JYN1.SGM 20JYN1 Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices Notification to Interested Parties SUPPLEMENTARY INFORMATION: This notice also serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary 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 orders is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. We are issuing and publishing the final results and this notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act and 19 CFR 351.218. Background In accordance with sections 735(a), 735(d), and 777(i)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(c), on May 30, 2018, Commerce published its affirmative final determinations in the less-than-fairvalue (LTFV) investigations of fine denier PSF from China, India, Korea and Taiwan.1 On July 13, 2018, the ITC notified Commerce of its affirmative final determinations that an industry in the United States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act, by reason of LTFV imports of fine denier PSF from China, India, Korea, and Taiwan.2 daltland on DSKBBV9HB2PROD with NOTICES Dated: July 2, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Scope of the Orders The product covered by these orders is fine denier PSF from China, India, Korea, and Taiwan. For a complete description of the scope of these orders, see the Appendix to this notice. Antidumping Duty Orders In accordance with sections [FR Doc. 2018–15569 Filed 7–19–18; 8:45 am] 735(b)(1)(A)(i) and 735(d) of the Act, the BILLING CODE 3510–DS–P ITC notified Commerce of its final determinations in these investigations, in which it found that an industry in the DEPARTMENT OF COMMERCE United States is materially injured by reason of imports of fine denier PSF International Trade Administration from China, India, Korea, and Taiwan.3 [A–570–060, A–533–875, A–580–893, A–583– Therefore, in accordance with section 860] 735(c)(2) of the Act, Commerce is issuing these antidumping duty orders. Fine Denier Polyester Staple Fiber Because the ITC determined that From the People’s Republic of China, imports of fine denier PSF from China, India, the Republic of Korea, and India, Korea, and Taiwan are materially Taiwan: Antidumping Duty Orders injuring a U.S. industry, unliquidated AGENCY: Enforcement and Compliance, entries of such merchandise from China, International Trade Administration, India, Korea, and Taiwan, entered or Department of Commerce. withdrawn from warehouse for consumption, are subject to the SUMMARY: Based on affirmative final assessment of antidumping duties. determinations by the Department of Therefore, in accordance with section Commerce (Commerce) and the 736(a)(1) of the Act, Commerce will International Trade Commission (ITC), direct U.S. Customs and Border Commerce is issuing antidumping duty Protection (CBP) to assess, upon further orders on fine denier polyester staple fiber (fine denier PSF) from the People’s 1 See Fine Denier Polyester Staple Fiber from the Republic of China (China), India, the People’s Republic of China: Final Affirmative Republic of Korea (Korea), and Taiwan. Determination of Sales at Less Than Fair Value, 83 FR 24740 (May 30, 2018); Fine Denier Polyester DATES: Applicable July 20, 2018. Staple Fiber from India: Final Affirmative FOR FURTHER INFORMATION CONTACT: Determination of Sales at Less Than Fair Value, 83 Edythe Artman at (202) 482–3931 FR 24737 (May 30, 2018); Fine Denier Polyester Staple Fiber from the Republic of Korea: Final (China), Patrick O’Connor at (202) 482– Affirmative Determination of Sales at Less Than 0989 (India), Karine Gziryan at (202) Fair Value, 83 FR 24743 (May 30, 2018); and Fine 482–4081 (Korea), Lilit Astvatsatrian at Denier Polyester Staple Fiber from Taiwan: Final (202) 482–6412 (Taiwan), AD/CVD Affirmative Determination of Sales at Less Than Fair Value, 83 FR 24745 (May 30, 2018). Operations, Enforcement and 2 See Letter to Gary Taverman, Acting Assistant Compliance, U.S. Department of Secretary of Commerce for Enforcement and Commerce, 1401 Constitution Avenue Compliance, from David S. Johanson, Chairman of NW, Washington, DC 20230. the U.S. International Trade Commission, regarding Determination, 78 FR 13019, 13025 (February 26, 2013). VerDate Sep<11>2014 18:06 Jul 19, 2018 Jkt 244001 fine denier polyester staple fiber from China, India, Korea, and Taiwan (July 13, 2018). 3 Id. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 34545 instruction by Commerce, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price (or constructed export price) of the merchandise, for all relevant entries of fine denier PSF from China, India, Korea, and Taiwan. With the exception of entries occurring after the expiration of the provisional measures period and before publication of the ITC’s final affirmative injury determinations, as further described below, antidumping duties will be assessed on unliquidated entries of fine denier PSF from China, India, Korea, and Taiwan entered, or withdrawn from warehouse, for consumption on or after January 5, 2018, the date of publication of the preliminary determinations.4 Additionally, because the estimated weighted-average dumping for subject merchandise produced and exported by Tainan Spinning Co., Ltd. was determined to be zero in the investigation of fine denier PSF from Taiwan, and the estimated weightedaverage dumping for subject merchandise produced and exported by Toray Chemical Kora Inc. was determined to be zero in the investigation of fine denier PSF from Korea, Commerce is directing CBP to not suspend liquidation of entries of subject merchandise from these exporter/producer combinations for each of the respective orders. Entries of subject merchandise exported to the United States by any other producer and exporter combination are not entitled to this exclusion from suspension of liquidation and are subject to the applicable cash deposit rates noted below. 4 See Fine Denier Polyester Staple Fiber from the People’s Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 83 FR 665 (January 5, 2018), and accompanying Preliminary Decision Memorandum (China Preliminary Determination); Fine Denier Polyester Staple Fiber from India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 83 FR 662 (January 5, 2018), and accompanying Preliminary Decision Memorandum (India Preliminary Determination); Fine Denier Polyester Staple Fiber from the Republic of Korea: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 83 FR 660 (January 5, 2018), and accompanying Preliminary Decision Memorandum (Korea Preliminary Determination); and Fine Denier Polyester Staple Fiber from Taiwan: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 83 FR 668 (January 5, 2018), and accompanying Preliminary Decision Memorandum (Taiwan Preliminary Determination). E:\FR\FM\20JYN1.SGM 20JYN1

Agencies

[Federal Register Volume 83, Number 140 (Friday, July 20, 2018)]
[Notices]
[Pages 34544-34545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15569]



[[Page 34544]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-983]


Drawn Stainless Steel Sinks From the People's Republic of China: 
Final Results of the Expedited First Sunset Review of the Antidumping 
Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: As a result of this sunset review, the Department of Commerce 
(Commerce) finds that revocation of the antidumping duty order would be 
likely to lead to the continuation or recurrence of dumping at the 
levels indicated in the ``Final Results of Review'' section of this 
notice.

DATES: Applicable July 20, 2018.

FOR FURTHER INFORMATION CONTACT: Joshua Tucker, 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) 482-2044.

SUPPLEMENTARY INFORMATION:

Background

    On April 11, 2013, Commerce published its antidumping duty order on 
drawn stainless steel sinks from China.\1\ On March 5, 2018, Commerce 
published the notice of initiation of the first sunset review of the 
antidumping duty order on drawn stainless steel sinks from China 
pursuant to section 751(c) of the Act.\2\ On March 16, 2018, Commerce 
received a notice of intent to participate from Elkay Manufacturing 
Company (Elkay), a domestic interested party, within the deadline 
specified in 19 CFR 351.218(d)(1)(i).\3\ Elkay claimed interested party 
status under section 771(9)(C) of the Act as a producer of drawn 
stainless steel sinks in the United States.
---------------------------------------------------------------------------

    \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) 
(Order).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 83 FR 9279 
(March 5, 2018).
    \3\ See Letter from Elkay ``First Five-Year (`Sunset') Review of 
Antidumping Duty Order on Drawn
    Stainless Steel Sinks from the People's Republic of China/Elkay 
Manufacturing Company's Notice of Intent to Participate,'' dated 
March 16, 2018.
---------------------------------------------------------------------------

    On April 2, 2018, Commerce received an adequate substantive 
response to the notice of initiation from Elkay within the 30-day 
deadline specified in 19 CFR 351.218(d)(3)(i).\4\ We received no 
substantive responses from respondent interested parties with respect 
to the order covered by this sunset review.
---------------------------------------------------------------------------

    \4\ See Letter from Elkay ``First Five-Year (`Sunset') Review of 
The Antidumping Duty Order on Drawn Stainless Steel Sinks from the 
People's Republic of China/Substantive Response to the Notice Of 
Initiation,'' dated April 2, 2018.
---------------------------------------------------------------------------

    On April 10, 2018, Commerce notified the U.S. International Trade 
Commission (ITC) that it did not receive an adequate substantive 
response from respondent interested parties.\5\ As a result, pursuant 
to 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce 
conducted an expedited (120-day) sunset review of the antidumping duty 
order on drawn stainless steel sinks from China.
---------------------------------------------------------------------------

    \5\ See Letter to the ITC re: ``Sunset Reviews Initiated on 
March 5, 2018,'' dated April 10, 2018.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the order includes 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.\6\ 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 described in a number of ways including flush 
mount, top mount, or undermount (to indicate 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.
---------------------------------------------------------------------------

    \6\ Mounting clips, fasteners, seals, and sound-deadening pads 
are not covered by the scope of this order if they are not included 
within the sales price of the drawn stainless steel sinks, 
regardless of whether they are shipped with or entered with drawn 
stainless steel sinks.
---------------------------------------------------------------------------

    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 of the order is dispositive.

Analysis of Comments Received

    All issues raised in this sunset review are addressed in the Issues 
and Decision Memorandum,\7\ which is hereby adopted by this notice. The 
issues discussed in the Issues and Decision Memorandum are the 
likelihood of continuation or recurrence of dumping and the magnitude 
of the dumping margin likely to prevail if the order were revoked. The 
Issues and 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 http://access.trade.gov, and 
to all in the Central Records Unit, Room B8024 of the main Department 
of Commerce building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn. The signed Issues and Decision Memorandum 
and the electronic version of the Issues and Decision Memorandum are 
identical in content.
---------------------------------------------------------------------------

    \7\ See Memorandum ``Issues and Decision Memorandum for the 
Expedited First Sunset Review of the Antidumping Duty Order on Drawn 
Stainless Steel Sinks from the People's Republic of China,'' dated 
concurrently with this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Final Results of Review

    Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce 
determines that revocation of the antidumping duty order on drawn 
stainless steel sinks from China would be likely to lead to the 
continuation or recurrence of dumping and that the magnitude of the 
dumping margins likely to prevail would be weighted-average dumping 
margins up to 76.53 percent.\8\
---------------------------------------------------------------------------

    \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, 21594 (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, 
13025 (February 26, 2013).

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[[Page 34545]]

Notification to Interested Parties

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary 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 orders is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation which 
is subject to sanction.
    We are issuing and publishing the final results and this notice in 
accordance with sections 751(c), 752(b), and 777(i)(1) of the Act and 
19 CFR 351.218.

    Dated: July 2, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-15569 Filed 7-19-18; 8:45 am]
BILLING CODE 3510-DS-P