Drawn Stainless Steel Sinks From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2018-2019, 70946-70948 [2019-27805]
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70946
Federal Register / Vol. 84, No. 247 / Thursday, December 26, 2019 / Notices
and (3) a table of authorities.16 All briefs
must be filed electronically using
ACCESS. An electronically filed
document must be received successfully
in its entirety by Commerce’s electronic
records system, ACCESS.
Interested parties who wish to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce, using
Enforcement and Compliance’s ACCESS
system within 30 days of publication of
this notice.17 Requests should contain
the party’s name, address, and
telephone number, the number of
participants, and a list of the issues to
be discussed. If a request for a hearing
is made, we will inform parties of the
scheduled date for the hearing which
will be held at the U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, at a time
and location to be determined.18 Parties
should confirm by telephone the date,
time, and location of the hearing.
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h)(2),
Commerce will issue the final results of
this administrative review, including
the results of our analysis of the issues
raised by the parties in their case briefs,
within 120 days after issuance of these
preliminary results.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of doubled antidumping duties.
Notification to Interested Parties
These preliminary results of review is
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act and 19 CFR 351.221(b)(4).
khammond on DSKJM1Z7X2PROD with NOTICES
Dated: December 16, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
16 See
19 CFR 351.309(c)(2) and (d)(2).
19 CFR 351.310(c).
18 See 19 CFR 351.310.
17 See
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16:53 Dec 23, 2019
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II. Background
III. Scope of the Order
IV. Companies Not Selected for Individual
Examination
V. Preliminary Determination of No
Shipments
VI. Discussion of the Methodology
VII. Date of Sale
VIII. Product Comparisons
IX. Export Price
X. Normal Value
XI. Currency Conversion
XII. Recommendation
[FR Doc. 2019–27804 Filed 12–23–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–983]
Drawn Stainless Steel Sinks From the
People’s Republic of China:
Preliminary Results of the
Antidumping Duty Administrative
Review and Preliminary Determination
of No Shipments; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that certain companies made sales of
subject merchandise at less than normal
value. The period of review (POR) is
April 1, 2018 through March 31, 2019.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable December 26, 2019.
FOR FURTHER INFORMATION CONTACT:
Rebecca Janz or Adam Simons, 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) 482–2972 or (202) 482–6172,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
In June 2019, Commerce published a
notice of initiation of an administrative
review of the antidumping duty order
on drawn stainless steel sinks from the
People’s Republic of China (China)
covering the period April 1, 2018
through March 31, 2019, with respect to
30 companies.1 In August 2019, as the
result of a timely withdrawal request,
we rescinded the review with respect to
18 of these companies.2 Therefore, the
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
27587 (June 13, 2019).
2 See Drawn Stainless Steel Sinks from the
People’s Republic of China: Partial Rescission of
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
results of this review cover the twelve
remaining companies.
Scope of the Order
The products covered by the order
include drawn stainless steel sinks from
China. Imports of subject merchandise
are currently classified under the
Harmonized Tariff Schedule of the
United States (HTSUS) subheadings
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.3
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Tariff Act of 1930, as amended
(the Act).
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. 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 Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/
summary/prc/prc-fr.htm. The signed
and the electronic versions of the
Preliminary Decision Memorandum are
identical in content. A list of topics
included in the Preliminary Decision
Memorandum is provided as an
appendix to this notice.
China-Wide Entity
In accordance with Commerce’s
policy, the China-wide entity will not be
under review unless a party specifically
requests, or Commerce self-initiates, a
review of the entity.4 Because no party
requested a review of the China-wide
entity in this review, the entity is not
Antidumping Duty Administrative Review; 2018–
2019, 84 FR 44847 (August 27, 2019).
3 For a complete description of the Scope of the
Order, see Memorandum, ‘‘Decision Memorandum
for Preliminary Results of the Antidumping Duty
Administrative Review: Drawn Stainless Steel Sinks
from the People’s Republic of China,’’ issued
concurrently with and hereby adopted by this
notice (Preliminary Decision Memorandum).
4 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
E:\FR\FM\26DEN1.SGM
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Federal Register / Vol. 84, No. 247 / Thursday, December 26, 2019 / Notices
under review, and the entity’s rate is not
subject to change (i.e., 76.45 percent).5
Preliminary Results of Review
Commerce finds that the two
mandatory respondents, Guangdong
New Shichu Import and Export
Company Limited (New Shichu) and
KaiPing Dawn Plumbing Products, Inc.
(KaiPing), have not established their
eligibility for a separate rate and are
considered to be part of the China-wide
entity for these preliminary results.
Additionally, because the following
companies did not submit separate rate
applications or certifications, we
preliminarily determine they are
ineligible for a separate rate and are part
of the China-wide entity: B&R Industries
Limited (B&R); Feidong Import and
Export Co. Ltd. (Feidong); Guangdong
G-Top Import & Export Co., Ltd. (GTop); Jiangmen Pioneer Import & Export
Co., Ltd. (Pioneer); Ningbo Afa Kitchen
and Bath Co., Ltd. (Ningbo Afa); Xinhe
Stainless Steel Products Co., Ltd.
calculated by averaging the weightedaverage dumping margins for
individually-examined respondents,
excluding rates that are zero, de
minimis, or based entirely on facts
available. Section 735(c)(5)(B) of the Act
provides that where all rates are zero, de
minimis, or based entirely on facts
available, Commerce may use ‘‘any
reasonable method’’ for assigning a rate
to non-examined respondents.
However, for these preliminary
results, we have not calculated any
individual rates or assigned a companyspecific rate based on facts available.
Therefore, consistent with our recent
practice,6 we preliminarily assigned to
the non-individually examined
company that demonstrated its
eligibility for a separate rate the most
recently assigned separate rate in this
proceeding (i.e., 1.78 percent).7
Commerce preliminarily determines
that the following weighted-average
dumping margin exists for the period
April 1, 2018 through March 31, 2019:
Exporter
Weighted-average
dumping margin
(percent)
Jiangmen New Star Hi-Tech Enterprise Ltd ..................................................................................................................................
1.78
Disclosure and Public Comment
khammond on DSKJM1Z7X2PROD with NOTICES
(Xinhe); Yuyao Afa Kitchenware Co.,
Ltd. (Yuyao Afa); and Zhongshan
Superte Kitchenware Co., Ltd. (Superte).
Finally, because Zhuhai Kohler Kitchen
& Bathroom Products Co. Ltd. failed to
respond to Commerce’s supplemental
separate rate questionnaire, we
preliminarily determine that this
company is also ineligible for a separate
rate and is part of the China-wide entity.
The statute and Commerce’s
regulations do not address what rate to
apply to respondents who are not
selected for individual examination
when Commerce limits its examination
in an administrative review pursuant to
section 777A(c)(2) of the Act. Generally,
Commerce looks to section 735(c)(5) of
the Act, which provides instructions for
calculating the all-others rate in an
investigation, for guidance when
calculating the rate for non-selected
respondents that are not examined
individually in an administrative
review. Section 735(c)(5)(A) of the Act
states that the all-others rate should be
70947
Interested parties may submit case
briefs no later than 30 days after the
date of publication of this notice.8
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed no later
than five days after the time limit for
filing case briefs.9 Parties who submit
case brief or rebuttal briefs in this
proceeding are encouraged to submit
with each argument: (1) A statement of
the issue; (2) a brief summary of the
argument; and (3) a table of
authorities.10 Case and rebuttal briefs
should be filed using ACCESS.11
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, U.S. Department of
Commerce, filed electronically via
ACCESS within 30 days after the date of
publication of this notice.12 Hearing
requests should contain: (1) The party’s
name, address, and telephone number;
(2) the number of participants; and (3)
a list of issues to be discussed. Issues
raised in the hearing will be limited to
issues raised in the briefs. If a request
for a hearing is made, parties will be
notified of the time and date for the
hearing to be held at the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.13
An electronically-filed document
must be received successfully in its
entirety by ACCESS by 5:00 p.m.
Eastern Time on the established
deadline.
Commerce intends to issue the final
results of this administrative review,
which will include the results of its
analysis of all issues raised in the case
briefs, not later than 120 days after the
5 The China-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 (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 China-wide entity. See explanation in
Drawn Stainless Steel Sinks from the People’s
Republic of China: Investigation, Final
Determination, 78 FR 13019 (February 26, 2013).
6 See, e.g., Certain Frozen Warmwater Shrimp
from the Socialist Republic of Vietnam: Preliminary
Results of Antidumping Duty Administrative
Review; 2015–2016, 81 FR 62717 (September 12,
2016), and accompanying Preliminary Decision
Memorandum at 10–11, unchanged in Certain
Frozen Warmwater Shrimp from the Socialist
Republic of Vietnam: Final Results of Antidumping
Duty Administrative Review; 2015–2016, 82 FR
11431 (February 23, 2017).
7 See Drawn Stainless Steel Sinks from the
People’s Republic of China: Final Results of
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16:53 Dec 23, 2019
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Fmt 4703
Sfmt 4703
date of publication of this notice, unless
otherwise extended.14
Assessment Rates
Upon completion of the
administrative review, Commerce shall
determine, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries covered by this review.15 For the
final results, if we continue to treat the
following companies as part of Chinawide entity, we will instruct CBP to
apply an ad valorem assessment rate of
76.45 percent to all entries of subject
merchandise during the POR that were
produced and/or exported by those
companies: B&R; Feidong; G-Top;
KaiPing; Koehler; New Shichu; Ningbo
Afa; Pioneer; Superte; Xinhe; and Yuyao
Afa. For the company receiving a
separate rate, we intend to assign an
assessment rate of 1.78 percent,
Antidumping Duty Administrative Review; 2017–
2018, 84 FR 38211 (August 6, 2019).
8 See 19 CFR 351.309(c).
9 See 19 CFR 351.309(d).
10 See 19 CFR 351.309(c)(2).
11 See 19 CFR 351.303.
12 See 19 CFR 351.310(c).
13 See 19 CFR 351.310(d).
14 See section 751(a)(3)(A) of the Act.
15 See 19 CFR 351.212(b)(1).
E:\FR\FM\26DEN1.SGM
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70948
Federal Register / Vol. 84, No. 247 / Thursday, December 26, 2019 / Notices
Dated: December 18, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
consistent with the methodology
described above.
We intend to issue assessment
instructions to CBP 15 days after the
publication of the final results of this
review.
Appendix
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise from China
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided for by
section 751(a)(2)(C) of the Act: (1) For
the company listed above that has a
separate rate, the cash deposit rate will
be that rate established in the final
results of this review (except that if the
rate is zero or de minimis, then a cash
deposit rate of zero will be established
for that company); (2) for previously
investigated or reviewed Chinese and
non-Chinese exporters not listed above
that have separate rates, the cash
deposit rate will continue to be equal to
the exporter-specific weighted-average
dumping margin published of the most
recently-completed segment of this
proceeding; (3) for all Chinese exporters
of subject merchandise that have not
been found to be entitled to a separate
rate, the cash deposit rate will be the
rate for China-wide entity, 76.45
percent; and (4) for all exporters of
subject merchandise which are not
located in China and which are not
eligible for a separate rate, the cash
deposit rate will be the rate applicable
to Chinese exporter(s) that supplied that
non-Chinese exporter. These deposit
requirements, when imposed, shall
remain in effect until further notice.
khammond on DSKJM1Z7X2PROD with NOTICES
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) to file a certificate regarding
the reimbursement of antidumping and/
or countervailing duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the Secretary’s presumption
that reimbursement of antidumping
and/or countervailing duties occurred
and the subsequent assessment of
double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(l) and 777(i)(l) of the
Act.
VerDate Sep<11>2014
16:53 Dec 23, 2019
Jkt 250001
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of Methodology
V. Recommendation
[FR Doc. 2019–27805 Filed 12–23–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–878; C–580–879]
Certain Corrosion-Resistant Steel
Products From the Republic of Korea:
Affirmative Final Determinations of
Anti-Circumvention Inquiries on the
Antidumping Duty and Countervailing
Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department Commerce
(Commerce) determines that imports of
certain corrosion-resistant steel
products (CORE), produced in the
Socialist Republic of Vietnam (Vietnam)
using carbon hot-rolled steel (HRS) and/
or cold-rolled steel flat products (CRS)
manufactured in the Republic of Korea
(Korea), are circumventing the
antidumping duty (AD) and
countervailing duty (CVD) orders on
CORE from Korea.
DATES: Applicable December 26, 2019.
FOR FURTHER INFORMATION CONTACT:
Chien-Min Yang, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–5484.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On July 10, 2019, Commerce
published the Preliminary
Determinations 1 of circumvention of
the Korea CORE Orders.2 A summary of
1 See Certain Corrosion-Resistant Steel Products
from Republic of Korea: Affirmative Preliminary
Determination of Anti-Circumvention Inquiries on
the Antidumping Duty and Countervailing Duty
Orders, 84 FR 32871 (July 10, 2019) (Preliminary
Determinations) and accompanying Preliminary
Decision Memorandum.
2 See Certain Corrosion-Resistant Steel Products
from India, Italy, the People’s Republic of China,
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
the events that occurred since
Commerce published the Preliminary
Determinations, as well as a full
discussion of the issues raised by parties
for these final determinations, may be
found in the Issues and Decision
Memorandum.3 The IDM 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 it is available to
all parties in the Central Records Unit,
room B8024 of the main Commerce
building. In addition, a complete
version of the IDM can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and electronic versions
of the IDM are identical in content.
Scope of the Orders
The products covered by these orders
are certain flat-rolled steel products,
either clad, plated, or coated with
corrosion-resistant metals such as zinc,
aluminum, or zinc-, aluminum-, nickelor iron-based alloys, whether or not
corrugated or painted, varnished,
laminated, or coated with plastics or
other non-metallic substances in
addition to the metallic coating. For a
complete description of the scope of the
orders, see the IDM.4
Scope of the Anti-Circumvention
Inquiries
These anti-circumvention inquiries
cover CORE produced in Vietnam from
HRS or CRS substrate input
manufactured in Korea and
subsequently exported from Vietnam to
the United States (merchandise under
consideration). These final rulings apply
to all shipments of merchandise under
consideration on or after the date of
initiation of these inquiries. Importers
and exporters of CORE produced in
Vietnam using: (1) HRS manufactured in
Vietnam or third countries; (2) CRS
manufactured in Vietnam using HRS
produced in Vietnam or third countries;
and/or (3) CRS manufactured in third
countries, and who qualify to
the Republic of Korea and Taiwan: Amended Final
Affirmative Antidumping Determination for India
and Taiwan, and Antidumping Duty Orders, 81 FR
48390 (July 25, 2016); and Certain CorrosionResistant Steel Products from India, Italy, Republic
of Korea and the People’s Republic of China:
Countervailing Duty Order, 81 FR 48387 (July 25,
2016) (collectively, Korea CORE Orders).
3 See Memorandum, ‘‘Issues and Decision
Memorandum for Anti-Circumvention Inquiries on
the Antidumping Duty and Countervailing Duty
Orders on Certain Corrosion-Resistant Steel
Products from the Republic of Korea,’’ dated
concurrently with, and hereby adopted by, this
notice (IDM).
4 See IDM.
E:\FR\FM\26DEN1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 247 (Thursday, December 26, 2019)]
[Notices]
[Pages 70946-70948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27805]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-983]
Drawn Stainless Steel Sinks From the People's Republic of China:
Preliminary Results of the Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that certain companies made sales of subject merchandise at less than
normal value. The period of review (POR) is April 1, 2018 through March
31, 2019. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable December 26, 2019.
FOR FURTHER INFORMATION CONTACT: Rebecca Janz or Adam Simons, 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) 482-2972 or (202) 482-6172,
respectively.
SUPPLEMENTARY INFORMATION:
Background
In June 2019, Commerce published a notice of initiation of an
administrative review of the antidumping duty order on drawn stainless
steel sinks from the People's Republic of China (China) covering the
period April 1, 2018 through March 31, 2019, with respect to 30
companies.\1\ In August 2019, as the result of a timely withdrawal
request, we rescinded the review with respect to 18 of these
companies.\2\ Therefore, the results of this review cover the twelve
remaining companies.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 27587 (June 13, 2019).
\2\ See Drawn Stainless Steel Sinks from the People's Republic
of China: Partial Rescission of Antidumping Duty Administrative
Review; 2018-2019, 84 FR 44847 (August 27, 2019).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the order include drawn stainless steel
sinks from China. Imports of subject merchandise are currently
classified under the Harmonized Tariff Schedule of the United States
(HTSUS) subheadings 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.\3\
---------------------------------------------------------------------------
\3\ For a complete description of the Scope of the Order, see
Memorandum, ``Decision Memorandum for Preliminary Results of the
Antidumping Duty Administrative Review: Drawn Stainless Steel Sinks
from the People's Republic of China,'' issued concurrently with and
hereby adopted by this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. 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 Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at https://enforcement.trade.gov/frn/summary/prc/prc-fr.htm. The signed and the electronic versions of the Preliminary
Decision Memorandum are identical in content. A list of topics included
in the Preliminary Decision Memorandum is provided as an appendix to
this notice.
China-Wide Entity
In accordance with Commerce's policy, the China-wide entity will
not be under review unless a party specifically requests, or Commerce
self-initiates, a review of the entity.\4\ Because no party requested a
review of the China-wide entity in this review, the entity is not
[[Page 70947]]
under review, and the entity's rate is not subject to change (i.e.,
76.45 percent).\5\
---------------------------------------------------------------------------
\4\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\5\ The China-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 (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 China-wide entity. See
explanation in Drawn Stainless Steel Sinks from the People's
Republic of China: Investigation, Final Determination, 78 FR 13019
(February 26, 2013).
---------------------------------------------------------------------------
Preliminary Results of Review
Commerce finds that the two mandatory respondents, Guangdong New
Shichu Import and Export Company Limited (New Shichu) and KaiPing Dawn
Plumbing Products, Inc. (KaiPing), have not established their
eligibility for a separate rate and are considered to be part of the
China-wide entity for these preliminary results. Additionally, because
the following companies did not submit separate rate applications or
certifications, we preliminarily determine they are ineligible for a
separate rate and are part of the China-wide entity: B&R Industries
Limited (B&R); Feidong Import and Export Co. Ltd. (Feidong); Guangdong
G-Top Import & Export Co., Ltd. (G-Top); Jiangmen Pioneer Import &
Export Co., Ltd. (Pioneer); Ningbo Afa Kitchen and Bath Co., Ltd.
(Ningbo Afa); Xinhe Stainless Steel Products Co., Ltd. (Xinhe); Yuyao
Afa Kitchenware Co., Ltd. (Yuyao Afa); and Zhongshan Superte
Kitchenware Co., Ltd. (Superte). Finally, because Zhuhai Kohler Kitchen
& Bathroom Products Co. Ltd. failed to respond to Commerce's
supplemental separate rate questionnaire, we preliminarily determine
that this company is also ineligible for a separate rate and is part of
the China-wide entity.
The statute and Commerce's regulations do not address what rate to
apply to respondents who are not selected for individual examination
when Commerce limits its examination in an administrative review
pursuant to section 777A(c)(2) of the Act. Generally, Commerce looks to
section 735(c)(5) of the Act, which provides instructions for
calculating the all-others rate in an investigation, for guidance when
calculating the rate for non-selected respondents that are not examined
individually in an administrative review. Section 735(c)(5)(A) of the
Act states that the all-others rate should be calculated by averaging
the weighted-average dumping margins for individually-examined
respondents, excluding rates that are zero, de minimis, or based
entirely on facts available. Section 735(c)(5)(B) of the Act provides
that where all rates are zero, de minimis, or based entirely on facts
available, Commerce may use ``any reasonable method'' for assigning a
rate to non-examined respondents.
However, for these preliminary results, we have not calculated any
individual rates or assigned a company-specific rate based on facts
available. Therefore, consistent with our recent practice,\6\ we
preliminarily assigned to the non-individually examined company that
demonstrated its eligibility for a separate rate the most recently
assigned separate rate in this proceeding (i.e., 1.78 percent).\7\
---------------------------------------------------------------------------
\6\ See, e.g., Certain Frozen Warmwater Shrimp from the
Socialist Republic of Vietnam: Preliminary Results of Antidumping
Duty Administrative Review; 2015-2016, 81 FR 62717 (September 12,
2016), and accompanying Preliminary Decision Memorandum at 10-11,
unchanged in Certain Frozen Warmwater Shrimp from the Socialist
Republic of Vietnam: Final Results of Antidumping Duty
Administrative Review; 2015-2016, 82 FR 11431 (February 23, 2017).
\7\ See Drawn Stainless Steel Sinks from the People's Republic
of China: Final Results of Antidumping Duty Administrative Review;
2017-2018, 84 FR 38211 (August 6, 2019).
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Commerce preliminarily determines that the following weighted-
average dumping margin exists for the period April 1, 2018 through
March 31, 2019:
------------------------------------------------------------------------
Weighted-average
Exporter dumping margin
(percent)
------------------------------------------------------------------------
Jiangmen New Star Hi-Tech Enterprise Ltd............ 1.78
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Disclosure and Public Comment
Interested parties may submit case briefs no later than 30 days
after the date of publication of this notice.\8\ Rebuttal briefs,
limited to issues raised in the case briefs, may be filed no later than
five days after the time limit for filing case briefs.\9\ Parties who
submit case brief or rebuttal briefs in this proceeding are encouraged
to submit with each argument: (1) A statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.\10\ Case and
rebuttal briefs should be filed using ACCESS.\11\
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\8\ See 19 CFR 351.309(c).
\9\ See 19 CFR 351.309(d).
\10\ See 19 CFR 351.309(c)(2).
\11\ See 19 CFR 351.303.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically via ACCESS within 30 days after the date of
publication of this notice.\12\ Hearing requests should contain: (1)
The party's name, address, and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed. Issues raised
in the hearing will be limited to issues raised in the briefs. If a
request for a hearing is made, parties will be notified of the time and
date for the hearing to be held at the U.S. Department of Commerce,
1401 Constitution Avenue NW, Washington, DC 20230.\13\
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\12\ See 19 CFR 351.310(c).
\13\ See 19 CFR 351.310(d).
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An electronically-filed document must be received successfully in
its entirety by ACCESS by 5:00 p.m. Eastern Time on the established
deadline.
Commerce intends to issue the final results of this administrative
review, which will include the results of its analysis of all issues
raised in the case briefs, not later than 120 days after the date of
publication of this notice, unless otherwise extended.\14\
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\14\ See section 751(a)(3)(A) of the Act.
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Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this
review.\15\ For the final results, if we continue to treat the
following companies as part of China-wide entity, we will instruct CBP
to apply an ad valorem assessment rate of 76.45 percent to all entries
of subject merchandise during the POR that were produced and/or
exported by those companies: B&R; Feidong; G-Top; KaiPing; Koehler; New
Shichu; Ningbo Afa; Pioneer; Superte; Xinhe; and Yuyao Afa. For the
company receiving a separate rate, we intend to assign an assessment
rate of 1.78 percent,
[[Page 70948]]
consistent with the methodology described above.
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\15\ See 19 CFR 351.212(b)(1).
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We intend to issue assessment instructions to CBP 15 days after the
publication of the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise from China entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For the company
listed above that has a separate rate, the cash deposit rate will be
that rate established in the final results of this review (except that
if the rate is zero or de minimis, then a cash deposit rate of zero
will be established for that company); (2) for previously investigated
or reviewed Chinese and non-Chinese exporters not listed above that
have separate rates, the cash deposit rate will continue to be equal to
the exporter-specific weighted-average dumping margin published of the
most recently-completed segment of this proceeding; (3) for all Chinese
exporters of subject merchandise that have not been found to be
entitled to a separate rate, the cash deposit rate will be the rate for
China-wide entity, 76.45 percent; and (4) for all exporters of subject
merchandise which are not located in China and which are not eligible
for a separate rate, the cash deposit rate will be the rate applicable
to Chinese exporter(s) that supplied that non-Chinese exporter. These
deposit requirements, when imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this review period.
Failure to comply with this requirement could result in the Secretary's
presumption that reimbursement of antidumping and/or countervailing
duties occurred and the subsequent assessment of double antidumping
duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(l) and 777(i)(l) of the Act.
Dated: December 18, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of Methodology
V. Recommendation
[FR Doc. 2019-27805 Filed 12-23-19; 8:45 am]
BILLING CODE 3510-DS-P
