Drawn Stainless Steel Sinks From the People's Republic of China: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order, 35212-35213 [2018-15883]

Download as PDF 35212 Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Notices included in the request for OMB approval of this information collection; they also will become a matter of public record. Sheleen Dumas, Departmental Lead PRA Officer, Office of the Chief Information Officer. [FR Doc. 2018–15927 Filed 7–24–18; 8:45 am] BILLING CODE 3510–DR–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–984] Drawn Stainless Steel Sinks From the People’s Republic of China: Final Results of the Expedited First Sunset Review of the Countervailing 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 countervailing duty order would be likely to lead to the continuation or recurrence of a countervailable subsidy at the levels indicated in the ‘‘Final Results of Review’’ section of this notice. DATES: Applicable July 25, 2018. FOR FURTHER INFORMATION CONTACT: David Crespo, 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) 482–3693. SUPPLEMENTARY INFORMATION: AGENCY: daltland on DSKBBV9HB2PROD with NOTICES Background On April 11, 2013, Commerce published its countervailing 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 countervailing 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 1 See Drawn Stainless Steel Sinks from the People’s Republic of China: Countervailing Duty Order, 78 FR 21596 (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 Countervailing 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. VerDate Sep<11>2014 18:50 Jul 24, 2018 Jkt 244001 interested party status under section 771(9)(C) of the Act as a producer of 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 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 countervailing duty order on drawn stainless steel sinks from China. strainer sets, rinsing baskets, bottom grids, or other accessories. Excluded from the scope of the order are stainless steel sinks with fabricated bowls. Fabricated bowls do not have seamless corners, but rather are made by notching and bending the stainless steel, and then welding and finishing the vertical corners to form the bowls. Stainless steel sinks with fabricated bowls may sometimes be referred to as ‘‘zero radius’’ or ‘‘near zero radius’’ sinks. The products covered by this order are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under statistical reporting number 7324.10.0000 and 7324.10.0010. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the order is dispositive. Scope of the Order Analysis of Comments Received 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, Letter from Elkay ‘‘First Five-Year (‘Sunset’) Review of the Countervailing 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. 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 4 See Frm 00011 Fmt 4703 Sfmt 4703 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 a countervailable subsidy and the net countervailable subsidy 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 countervailing duty order on drawn stainless steel sinks from China would be likely to lead to the continuation or recurrence of a 7 See Memorandum ‘‘Issues and Decision Memorandum for the Expedited First Sunset Review of the Countervailing Duty Order on Drawn Stainless Steel Sinks from the People’s Republic of China,’’ dated concurrently with this notice (Issues and Decision Memorandum). E:\FR\FM\25JYN1.SGM 25JYN1 35213 Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Notices Department of Commerce (Commerce) pertaining to the countervailing duty (CVD) investigation of certain new Net subsidy pneumatic off-the-road tires (off road Producer/exporter rate % tires) from Sri Lanka. Commerce is notifying the public that the final Guangdong Yingao Kitche judgment in this case is not in harmony Utensils Co., Ltd. and with Commerce’s final determination in Forshan Magang Kitchen Utensils Co., Ltd ............... 4.90 the CVD investigation of off road tires from Sri Lanka. Pursuant to the CIT’s Zhongshan Superte Kitchenware Co., Ltd .................... 12.31 final judgment, the mandatory Foshan Zhaoshun Trade respondent in the CVD investigation of Co., Ltd ............................. 12.36 off road tires from Sri Lanka received a All Others .............................. 8.61 net countervailable subsidy rate of 1.23 percent, a rate that is de minimis and, Notification to Interested Parties therefore, Commerce is hereby revoking this order. This notice also serves as the only reminder to parties subject to DATES: Applicable July 21, 2018. administrative protective order (APO) of FOR FURTHER INFORMATION CONTACT: their responsibility concerning the Whitley Herndon, AD/CVD Operations, return or destruction of proprietary Office II, Enforcement and Compliance, information disclosed under APO in International Trade Administration, accordance with 19 CFR 351.305. U.S. Department of Commerce, 1401 Timely notification of the return or Constitution Avenue NW, Washington, destruction of APO materials or DC 20230; telephone: (202) 482–6274. conversion to judicial protective orders SUPPLEMENTARY INFORMATION: is hereby requested. Failure to comply Background with the regulations and terms of an APO is a violation which is subject to On January 10, 2017, Commerce sanction. published the Final Determination in We are issuing and publishing the this proceeding.1 Commerce reached an final results and this notice in affirmative determination that accordance with sections 751(c), 752(b), countervailable subsidies were provided and 777(i)(1) of the Act and 19 CFR to mandatory respondent Camso 351.218. Loadstar (Private), Ltd. (Camso Dated: July 2, 2018. Loadstar). Commerce published the countervailing duty order resulting from Gary Taverman, the investigation on March 6, 2017.2 Deputy Assistant Secretary for Antidumping Camso Loadstar and the Government and Countervailing Duty Operations, performing the non-exclusive functions and of Sri Lanka (GOSL) appealed the Final duties of the Assistant Secretary for Determination and countervailing duty Enforcement and Compliance. order to the CIT, and on April 17, 2018, [FR Doc. 2018–15883 Filed 7–24–18; 8:45 am] the CIT remanded the Final BILLING CODE 3510–DS–P Determination.3 Specifically, the CIT remanded the Final Determination directing Commerce to eliminate any DEPARTMENT OF COMMERCE duties attributable to the Guaranteed Price Scheme for Rubber (GPS) program International Trade Administration based on mere reimbursement for [C–542–801] excessive rubber payments.4 On June 13, 2016, Commerce issued its final Certain New Pneumatic Off-The-Road results of redetermination pursuant to Tires From Sri Lanka: Notice of Court remand in accordance with the CIT’s Decision Not in Harmony With Final order.5 On remand, Commerce, under Affirmative Countervailing Duty Determination, Notice of Amended 1 See Certain New Pneumatic Off-the-Road Tires Final Determination and Revocation of from Sri Lanka: Final Affirmative Countervailing Duty Determination, and Final Determination of Countervailing Duty Order countervailable subsidy at the rates listed below: 8 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On July 11, 2018, the United States Court of International Trade (CIT) entered its final judgment sustaining the final results of remand redetermination pursuant to court order by the daltland on DSKBBV9HB2PROD with NOTICES AGENCY: 8 See Order, 70 FR 21596, 21597. VerDate Sep<11>2014 18:50 Jul 24, 2018 Jkt 244001 Critical Circumstances, 82 FR 2949, 2950 (January 10, 2017) (Final Determination) and accompanying Issues and Decision Memorandum. 2 See Certain New Pneumatic Off-the-Road Tires from India and Sri Lanka: Amended Final Affirmative Countervailing Duty Determination for India and Countervailing Duty Orders, 82 FR 12556 (Mar. 6, 2017) (Order). 3 See Government of Sri Lanka v. United States, Slip Op. 18–43 (CIT Apr. 17, 2018). 4 Id. at 20. 5 See Final Results of Redetermination on Remand Pursuant to Government of Sri Lanka v. PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 respectful protest,6 eliminated any duties attributable to the GPS program and recalculated the countervailable subsidy rate for Camso Loadstar accordingly. On July 11, 2018, the CIT sustained Commerce’s Final Redetermination.7 Thus, the effective date of this notice is July 21, 2018. Timken Notice In its decision in Timken,8 as clarified by Diamond Sawblades,9 the Court of Appeals for the Federal Circuit (Federal Circuit) held that, pursuant to section 516A of the Tariff Act of 1930, as amended (the Act), Commerce must publish a notice of court decision that is not ‘‘in harmony’’ with a Commerce determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision.10 The CIT’s July 11, 2018, final judgment sustaining the Final Redetermination constitutes a final decision of that court that is not in harmony with Commerce’s Final Determination. Thus, this notice is published in fulfillment of the publication requirements of Timken and section 516A of the Act. Amended Final Determination Because there is now a final court decision, Commerce is amending the Final Determination with respect to Camso Loadstar. The revised countervailable subsidy rate for Camso Loadstar for the period January 1, 2015, through December 31, 2015, is as follows: Exporter or producer Subsidy rate (percent) Camso Loadstar (Private), Ltd 1.23 (de minimis). Revocation of the Order Pursuant to section 705(a)(3) of the Act, Commerce ‘‘shall disregard any countervailable subsidy that is de minimis as defined in section 703(b)(4)’’ of the Act. Furthermore, and pursuant to section 705(c)(2) of the Act, ‘‘the investigation shall be terminated upon publication of that negative United States, Slip Op. 18–43 (CIT April 17, 2018), dated June 13, 2016 (Final Redetermination). See also https://enforcement.trade.gov/remands/1843.pdf. 6 See Viraj Group, Ltd. v. United States, 343 F.3d 1371 (Fed. Cir. 2003). 7 See Government of Sri Lanka v. United States, Slip Op. 18–87, Consol. Court No. 17–00059 (CIT July 11, 2018) (Final Remand Order). 8 See Timken Co. v. United States, 893 F.2d. 337 (Fed. Cir. 1990) (Timken). 9 See Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d. 1374 (Fed. Cir. 2010) (Diamond Sawblades). 10 See Sections 516A(c) and (e) of the Act. E:\FR\FM\25JYN1.SGM 25JYN1

Agencies

[Federal Register Volume 83, Number 143 (Wednesday, July 25, 2018)]
[Notices]
[Pages 35212-35213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15883]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-984]


Drawn Stainless Steel Sinks From the People's Republic of China: 
Final Results of the Expedited First Sunset Review of the 
Countervailing 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 countervailing duty order would 
be likely to lead to the continuation or recurrence of a 
countervailable subsidy at the levels indicated in the ``Final Results 
of Review'' section of this notice.

DATES: Applicable July 25, 2018.

FOR FURTHER INFORMATION CONTACT: David Crespo, 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) 482-3693.

SUPPLEMENTARY INFORMATION:

Background

    On April 11, 2013, Commerce published its countervailing 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 countervailing 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 stainless steel sinks in the United States.
---------------------------------------------------------------------------

    \1\ See Drawn Stainless Steel Sinks from the People's Republic 
of China: Countervailing Duty Order, 78 FR 21596 (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 
Countervailing 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 Countervailing 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 countervailing 
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 a countervailable subsidy 
and the net countervailable subsidy 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 Countervailing 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 countervailing duty order on drawn 
stainless steel sinks from China would be likely to lead to the 
continuation or recurrence of a

[[Page 35213]]

countervailable subsidy at the rates listed below: \8\
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    \8\ See Order, 70 FR 21596, 21597.

------------------------------------------------------------------------
                                                            Net subsidy
                    Producer/exporter                         rate %
------------------------------------------------------------------------
Guangdong Yingao Kitche Utensils Co., Ltd. and Forshan              4.90
 Magang Kitchen Utensils Co., Ltd.......................
Zhongshan Superte Kitchenware Co., Ltd..................           12.31
Foshan Zhaoshun Trade Co., Ltd..........................           12.36
All Others..............................................            8.61
------------------------------------------------------------------------

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. 2018-15883 Filed 7-24-18; 8:45 am]
 BILLING CODE 3510-DS-P