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]
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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 https://
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 https://
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
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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]
-----------------------------------------------------------------------
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 https://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 https://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\
---------------------------------------------------------------------------
\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
