Drawn Stainless Steel Sinks From the People's Republic of China: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2021-2022, 28485-28487 [2023-09429]
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Federal Register / Vol. 88, No. 86 / Thursday, May 4, 2023 / Notices
merchandise in accordance with the
final results of this review.
Pursuant to 19 CFR 351.212(b)(1),
because Ajmal and Universal reported
the entered value of their U.S. sales, we
calculated importer-specific ad valorem
duty assessment rates for antidumping
duties based on the ratio of the total
amount of dumping calculated for the
examined sales to each importer to the
total entered value of those sales. Where
an importer-specific assessment rate is
de minimis (i.e., less than 0.5 percent),
the entries by that importer will be
liquidated without regard to
antidumping duties.
Commerce’s ‘‘automatic assessment’’
will apply to entries of subject
merchandise during the POR produced
or exported by Ajmal or Universal for
which the company did not know that
the merchandise they sold to the
intermediary (e.g., a reseller, trading
company, or exporter) was destined for
the United States. In such instances, we
will instruct CBP to liquidate
unreviewed entries at the all-others rate
if there is no rate for the intermediate
company(ies) involved in the
transaction.10
For the companies that were not
selected for individual review, the
assessment rate for antidumping duties
will be equal to the weighted-average
dumping margin determined in these
final results.
We intend to issue assessment
instructions to CBP no earlier than 35
days after the date of publication of the
final results of this review in the
Federal Register. If a timely summons is
filed at the U.S. Court of International
Trade, the assessment instructions will
direct CBP not to liquidate relevant
entries until the time for parties to file
a request for a statutory injunction has
expired (i.e., within 90 days of
publication).
ddrumheller on DSK120RN23PROD with NOTICES1
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for each company
listed above will be that established in
the final results of this review, except if
the rate is less than 0.50 percent and,
therefore, de minimis within the
meaning of 19 CFR 351.106(c)(1), in
10 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
VerDate Sep<11>2014
17:12 May 03, 2023
Jkt 259001
which case the cash deposit rate will be
zero; (2) for previously investigated
companies not subject to this review,
the cash deposit will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding; (3) if the exporter is not a
firm covered in this review, or a
previous segment, but the producer is,
then the cash deposit rate will be the
rate established for the most recent
segment for the producer of the
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 5.95 percent, the allothers rate established in the LTFV
investigation.11
These cash deposit requirements,
when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice serves as a final 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 double antidumping duties.
Administrative Protective Order
This notice serves as the only
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of return or destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i) of the Act.
11 See Circular Welded Carbon-Quality Steel Pipe
from the Sultanate of Oman, Pakistan, and the
United Arab Emirates: Amended Final Affirmative
Antidumping Duty Determination and
Antidumping Duty Orders, 81 FR 91906, 91908
(December 19, 2016).
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28485
Dated: April 27, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes from the Preliminary Results
V. Discussion of the Issues
Comment 1: Differential Pricing Analysis
Comment 2: Treatment of Section 232
Duties
Comment 3: Selection of the Correct
Universes of Sales for Ajmal for the
Period of Review (POR)
Comment 4: Calculation of Universal’s
Imputed Credit Expense for U.S. Sales
Comment 5: Application of Partial Adverse
Facts Available (AFA) for Universal’s
Reported Freight Revenue on U.S. Sales
VI. Recommendation
[FR Doc. 2023–09464 Filed 5–3–23; 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 and Partial
Rescission of Antidumping Duty
Administrative Review; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that sales of drawn stainless
steel sinks (sinks) from the People’s
Republic of China (China) were made
below normal value (NV) during the
period of review. Additionally,
Commerce is rescinding this review
with respect to multiple companies.
Interested parties are invited to
comment on these preliminary results of
review.
DATES: Applicable May 4, 2023.
FOR FURTHER INFORMATION CONTACT: Ajay
Menon or Paul Gill, AD/CVD
Operations, Office IX, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0208 or (202) 482–5673,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On June 9, 2022, based on timely
requests for review, in accordance with
E:\FR\FM\04MYN1.SGM
04MYN1
28486
Federal Register / Vol. 88, No. 86 / Thursday, May 4, 2023 / Notices
19 CFR 351.221(c)(1)(i), we initiated an
administrative review of the
antidumping duty order on sinks from
China.1 On December 5, 2022, we
extended the preliminary results of this
review to no later than April 28, 2023.2
For a complete description of the events
that followed the initiation of this
review, see the Preliminary Decision
Memorandum.3
Scope of the Order 4
The products covered by the Order
are 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.5
ddrumheller on DSK120RN23PROD with NOTICES1
Partial Rescission of Administrative
Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if a party who requested the review
withdraws the request within 90 days of
the date of publication of notice of
initiation of the requested review. On
September 7, 2022, the petitioner 6
timely withdrew its request for an
administrative review of the following
companies: 7 (1) B&R Industries Limited;
(2) Feidong Import and Export Co., Ltd.;
(3) Foshan Shunde MingHao Kitchen
Utensils Co., Ltd.; (4) Foshan Zhaoshun
Trade Co., Ltd.; (5) Franke Asia
Sourcing Ltd.; (6) Grand Hill Work
Company; (7) Guangdong G-Top Import
& Export Co., Ltd.; (8) Guangdong New
Shichu Import & Export Company
Limited; (9) Hangzhou Heng’s Industries
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
35165 (June 9, 2022).
2 See Memorandum, ‘‘Drawn Stainless Steel Sinks
from the People’s Republic of China: Extension of
Deadline for Preliminary Results of Antidumping
Duty Administrative Review; 2021–2022,’’ dated
December 5, 2022.
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Antidumping Duty
Administrative Review of Drawn Stainless Steel
Sinks from the People’s Republic of China; 2021–
2022,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
4 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).
5 For a complete description of the scope of the
order, see Preliminary Decision Memorandum.
6 The petitioner is Elkay Manufacturing
Company.
7 See Petitioner’s Letter, ‘‘Partial Withdrawal of
Request for Administrative Review’’ dated
September 7, 2022.
VerDate Sep<11>2014
17:12 May 03, 2023
Jkt 259001
Co., Ltd.; (10) Hubei Foshan Success
Imp & Exp Co. Ltd.; (11) J&C Industries
Enterprise Limited; (12) Jiangmen
Hongmao Trading Co., Ltd.; (13)
Jiangmen New Star Hi-Tech Enterprise
Ltd.; (14) Jiangmen Pioneer Import &
Export Co., Ltd.; (15) Jiangxi Zoje
Kitchen & Bath Industry Co., Ltd.; (16)
KaiPing Dawn Plumbing Products, Inc.;
(17) Ningbo Afa Kitchen and Bath Co.,
Ltd./Yuyao Afa Kitchenware Co., Ltd.;
(18) Ningbo Oulin Kitchen Utensils Co.,
Ltd.; (19) Primy Cooperation Limited;
(20) Shunde Foodstuffs Import & Export
Company Limited of Guangdong; (21)
Shunde Native Produce Import and
Export Co., Ltd. of Guangdong; (22)
Xinhe Stainless Steel Products Co., Ltd.;
(23) Zhongshan Newecan Enterprise
Development Corporation; (24)
Zhongshan Silk Imp. & Exp. Group Co.,
Ltd. of Guangdong; (25) Zhongshan
Superte Kitchenware Co., Ltd.; and (26)
Zhuhai Kohler Kitchen & Bathroom
Products Co. Ltd. Because no other
party requested a review of these
companies, we are rescinding the
administrative review for these
companies in accordance with 19 CFR
351.213(d)(1).
percent,8 remains the China-wide entity
rate in this review.
We preliminarily determine that the
following weighted-average dumping
margins exist for the period April 1,
2021, through March 31, 2022, for the
mandatory respondents:
Producer or exporter
Guangdong Dongyuan Kitchenware Industrial Co., Ltd
Guangdong Yingao Kitchen
Utensils Co., Ltd ...............
Weightedaverage
dumping
margin
(percent)
9.52
36.53
Assessment Rates
Upon issuing the final results,
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review.9
For Guangdong Dongyuan
Kitchenware Industrial Co., Ltd.
(Dongyuan) and Guangdong Yingao
Kitchen Utensils Co., Ltd. (Yingao),
Commerce calculated importer- (or
customer-) specific per-unit duty
Methodology
assessment rates based on the ratio of
the total amount of dumping calculated
Commerce is conducting this review
for the importer’s (or customer’s)
in accordance with section 751(a)(1)(B)
examined sales to the total sales
of Tariff Act of 1930, as amended (the
quantity associated with those sales, in
Act). Export price is calculated in
accordance with 19 CFR 351.212(b)(1).
accordance with section 772 of the Act.
Where either a respondent’s weightedNV is calculated in accordance with
average dumping margin is zero or de
section 773 of the Act. For a full
minimis within the meaning of 19 CFR
description of the methodology
351.106(c)(1), or an importer-specific
underlying our conclusions, see the
rate is zero or de minimis, we will
Preliminary Decision Memorandum.
The Preliminary Decision Memorandum instruct CBP to liquidate the appropriate
entries without regard to antidumping
is a public document and is on file
duties.10
electronically via Enforcement and
For the final results, if we continue to
Compliance’s Antidumping and
treat Shenzhen Kehuaxing as part of the
Countervailing Duty Centralized
China-wide entity, we will instruct CBP
Electronic Service System (ACCESS).
to apply an ad valorem assessment rate
ACCESS is available to registered users
at https://access.trade.gov. In addition, a of 76.45 percent to all entries of subject
merchandise that were produced and/or
complete version of the Preliminary
Decision Memorandum can be accessed exported by Shenzhen Kehuaxing.
In accordance with section
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx. A list 751(a)(2)(C) of the Act, the final results
of this review shall be the basis for the
of the topics discussed in the
assessment of antidumping duties on
Preliminary Decision Memorandum is
entries of merchandise covered by the
attached as an appendix to this notice.
review and for future deposits of
Preliminary Results of the Review
8 The China-wide rate determined in the
Because Shenzhen Kehuaxing
investigation was 76.53 percent. See Order, 78 FR
Industrial Ltd. (Shenzhen Kehuaxing)
21594. This rate was adjusted for export
did not demonstrate that it is entitled to at
subsidies and estimated domestic subsidy pass
a separate rate, Commerce preliminarily through to determine the cash deposit rate (i.e.,
76.45 percent) collected for companies in the
finds this company to be part of the
China-wide entity. See explanation in Drawn
China-wide entity. Because no party
Stainless Steel Sinks from the People’s Republic of
requested a review of the China-wide
China: Investigation, Final Determination, 78 FR
entity, the entity is not under review.
13019 (February 26, 2013) (Final Determination).
9 See 19 CFR 351.106(c)(2).
Thus, the rate previously established for
10 Id.
the China-wide entity, i.e., 76.45
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Fmt 4703
Sfmt 4703
E:\FR\FM\04MYN1.SGM
04MYN1
Federal Register / Vol. 88, No. 86 / Thursday, May 4, 2023 / Notices
estimated antidumping duties, where
applicable. Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Finally, for the companies for which
we are rescinding this administrative
review, antidumping duties shall be
assessed at rates equal to the cash
deposit of estimated antidumping duties
required at the time of entry, or
withdrawal from warehouse, for
consumption, in accordance with 19
CFR 351.212(c)(1)(i). Commerce intends
to issue appropriate assessment
instructions directly to CBP no earlier
than 35 days after the date of
publication of this notice in the Federal
Register.
ddrumheller on DSK120RN23PROD with NOTICES1
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 subject merchandise from China
entered, or withdrawn from warehouse,
for consumption on, or after, the
publication date of the final results of
review, as provided for by section
751(a)(2)(C) of the Act: (1) for Dongyuan
and Yingao, the cash deposit rates will
be equal to the weighted-average
dumping margins established in the
final results of this review (except, if the
dumping margin is zero or de minimis,
then the cash deposit rate will be zero);
(2) for a previously investigated or
reviewed exporter of subject
merchandise not listed in the final
results of review that has a separate rate,
the cash deposit rate will continue to be
the exporter’s existing cash deposit rate;
(3) for all Chinese exporters of subject
merchandise that do not have a separate
rate, the cash deposit rate will be the
cash deposit rate established for the
China-wide entity, i.e., 76.45 percent; 11
and (4) for all exporters of subject
merchandise that are not located in
China and that are not eligible for a
separate rate, the cash deposit rate will
be the rate applicable to the China
exporter(s) that supplied that nonChinese exporter. These deposit
11 See Order, 78 FR 21592, adjusted for export
subsidies as outlined in Final Determination, 78 FR
13019.
VerDate Sep<11>2014
17:12 May 03, 2023
Jkt 259001
requirements, when imposed, shall
remain in effect until further notice.
Disclosure
Commerce intends to disclose the
calculations performed in connection
with these preliminary results to
interested parties within five days after
the date of publication of this notice in
the Federal Register.12
Public Comment
Interested parties may submit case
briefs to Commerce no later than seven
days after the date of the last
verification report issued in this
administrative review.13 Rebuttal briefs,
limited to issues raised in the case
briefs, may be filed no later than seven
days after the time limit for filing case
briefs.14 Parties who submit case briefs
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.15 Case and
rebuttal briefs should be filed using
ACCESS.16 Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.17
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, filed electronically via
ACCESS within 30 days after the date of
publication of this notice.18 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. Oral
presentations at 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.19
Verification
As provided in section 782(i)(3) of the
Act, Commerce intends to verify the
information relied upon for its final
results.
Final Results
Commerce intends to issue the final
results of this administrative review,
12 See
19 CFR 351.224(b).
19 CFR 351.309(c).
14 Commerce is exercising its discretion, under 19
CFR 351.309(d)(1), to alter the time limit for filing
of rebuttal briefs.
15 See 19 CFR 351.309(c)(2) and (d)(2).
16 See 19 CFR 351.303.
17 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
18 See 19 CFR 351.310(c).
19 See 19 CFR 351.310(d).
13 See
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Fmt 4703
Sfmt 4703
28487
including the results of its analysis
raised in any written briefs, not later
than 120 days after the publication of
these preliminary results in the Federal
Register, unless otherwise extended.20
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 and/or countervailing
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 and/or countervailing
duties occurred and the subsequent
assessment of double antidumping
duties, and/or an increase in the amount
of antidumping duties by the amount of
the countervailing duties.
Notification to Interested Parties
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act, 19 CFR 351.213, and 19 CFR
351.221(b)(4).
Dated: April 27, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2023–09429 Filed 5–3–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–896]
Common Alloy Aluminum Sheet From
India: Preliminary Results of
Countervailing Duty Administrative
Review and Partial Rescission; 2020–
2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that producers/exporters of
AGENCY:
20 See
E:\FR\FM\04MYN1.SGM
section 751(a)(3)(A) of the Act.
04MYN1
Agencies
[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Notices]
[Pages 28485-28487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09429]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-983]
Drawn Stainless Steel Sinks From the People's Republic of China:
Preliminary Results and Partial Rescission of Antidumping Duty
Administrative Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that sales of drawn stainless steel sinks (sinks) from the
People's Republic of China (China) were made below normal value (NV)
during the period of review. Additionally, Commerce is rescinding this
review with respect to multiple companies. Interested parties are
invited to comment on these preliminary results of review.
DATES: Applicable May 4, 2023.
FOR FURTHER INFORMATION CONTACT: Ajay Menon or Paul Gill, AD/CVD
Operations, Office IX, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0208 or (202) 482-5673,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 9, 2022, based on timely requests for review, in accordance
with
[[Page 28486]]
19 CFR 351.221(c)(1)(i), we initiated an administrative review of the
antidumping duty order on sinks from China.\1\ On December 5, 2022, we
extended the preliminary results of this review to no later than April
28, 2023.\2\ For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\3\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 35165 (June 9, 2022).
\2\ See Memorandum, ``Drawn Stainless Steel Sinks from the
People's Republic of China: Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review; 2021-2022,''
dated December 5, 2022.
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review of Drawn
Stainless Steel Sinks from the People's Republic of China; 2021-
2022,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order 4
---------------------------------------------------------------------------
\4\ 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).
---------------------------------------------------------------------------
The products covered by the Order are 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.\5\
---------------------------------------------------------------------------
\5\ For a complete description of the scope of the order, see
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if a party who requested
the review withdraws the request within 90 days of the date of
publication of notice of initiation of the requested review. On
September 7, 2022, the petitioner \6\ timely withdrew its request for
an administrative review of the following companies: \7\ (1) B&R
Industries Limited; (2) Feidong Import and Export Co., Ltd.; (3) Foshan
Shunde MingHao Kitchen Utensils Co., Ltd.; (4) Foshan Zhaoshun Trade
Co., Ltd.; (5) Franke Asia Sourcing Ltd.; (6) Grand Hill Work Company;
(7) Guangdong G-Top Import & Export Co., Ltd.; (8) Guangdong New Shichu
Import & Export Company Limited; (9) Hangzhou Heng's Industries Co.,
Ltd.; (10) Hubei Foshan Success Imp & Exp Co. Ltd.; (11) J&C Industries
Enterprise Limited; (12) Jiangmen Hongmao Trading Co., Ltd.; (13)
Jiangmen New Star Hi-Tech Enterprise Ltd.; (14) Jiangmen Pioneer Import
& Export Co., Ltd.; (15) Jiangxi Zoje Kitchen & Bath Industry Co.,
Ltd.; (16) KaiPing Dawn Plumbing Products, Inc.; (17) Ningbo Afa
Kitchen and Bath Co., Ltd./Yuyao Afa Kitchenware Co., Ltd.; (18) Ningbo
Oulin Kitchen Utensils Co., Ltd.; (19) Primy Cooperation Limited; (20)
Shunde Foodstuffs Import & Export Company Limited of Guangdong; (21)
Shunde Native Produce Import and Export Co., Ltd. of Guangdong; (22)
Xinhe Stainless Steel Products Co., Ltd.; (23) Zhongshan Newecan
Enterprise Development Corporation; (24) Zhongshan Silk Imp. & Exp.
Group Co., Ltd. of Guangdong; (25) Zhongshan Superte Kitchenware Co.,
Ltd.; and (26) Zhuhai Kohler Kitchen & Bathroom Products Co. Ltd.
Because no other party requested a review of these companies, we are
rescinding the administrative review for these companies in accordance
with 19 CFR 351.213(d)(1).
---------------------------------------------------------------------------
\6\ The petitioner is Elkay Manufacturing Company.
\7\ See Petitioner's Letter, ``Partial Withdrawal of Request for
Administrative Review'' dated September 7, 2022.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of Tariff Act of 1930, as amended (the Act). Export price
is calculated in accordance with section 772 of the Act. NV is
calculated in accordance with section 773 of 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. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx. A list of the topics
discussed in the Preliminary Decision Memorandum is attached as an
appendix to this notice.
Preliminary Results of the Review
Because Shenzhen Kehuaxing Industrial Ltd. (Shenzhen Kehuaxing) did
not demonstrate that it is entitled to a separate rate, Commerce
preliminarily finds this company to be part of the China-wide entity.
Because no party requested a review of the China-wide entity, the
entity is not under review. Thus, the rate previously established for
the China-wide entity, i.e., 76.45 percent,\8\ remains the China-wide
entity rate in this review.
---------------------------------------------------------------------------
\8\ The China-wide rate determined in the investigation was
76.53 percent. See Order, 78 FR at 21594. This rate was adjusted for
export subsidies and estimated domestic subsidy pass through to
determine the cash deposit rate (i.e., 76.45 percent) collected for
companies in the 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)
(Final Determination).
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We preliminarily determine that the following weighted-average
dumping margins exist for the period April 1, 2021, through March 31,
2022, for the mandatory respondents:
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping margin
(percent)
------------------------------------------------------------------------
Guangdong Dongyuan Kitchenware Industrial Co., Ltd...... 9.52
Guangdong Yingao Kitchen Utensils Co., Ltd.............. 36.53
------------------------------------------------------------------------
Assessment Rates
Upon issuing the final results, Commerce shall determine, and U.S.
Customs and Border Protection (CBP) shall assess, antidumping duties on
all appropriate entries covered by this review.\9\
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\9\ See 19 CFR 351.106(c)(2).
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For Guangdong Dongyuan Kitchenware Industrial Co., Ltd. (Dongyuan)
and Guangdong Yingao Kitchen Utensils Co., Ltd. (Yingao), Commerce
calculated importer- (or customer-) specific per-unit duty assessment
rates based on the ratio of the total amount of dumping calculated for
the importer's (or customer's) examined sales to the total sales
quantity associated with those sales, in accordance with 19 CFR
351.212(b)(1). Where either a respondent's weighted-average dumping
margin is zero or de minimis within the meaning of 19 CFR
351.106(c)(1), or an importer-specific rate is zero or de minimis, we
will instruct CBP to liquidate the appropriate entries without regard
to antidumping duties.\10\
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\10\ Id.
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For the final results, if we continue to treat Shenzhen Kehuaxing
as part of the China-wide entity, we will instruct CBP to apply an ad
valorem assessment rate of 76.45 percent to all entries of subject
merchandise that were produced and/or exported by Shenzhen Kehuaxing.
In accordance with section 751(a)(2)(C) of the Act, the final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the review and
for future deposits of
[[Page 28487]]
estimated antidumping duties, where applicable. Commerce intends to
issue assessment instructions to CBP no earlier than 35 days after the
date of publication of the final results of this review in the Federal
Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
Finally, for the companies for which we are rescinding this
administrative review, antidumping duties shall be assessed at rates
equal to the cash deposit of estimated antidumping duties required at
the time of entry, or withdrawal from warehouse, for consumption, in
accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue
appropriate assessment instructions directly to CBP no earlier than 35
days after the date of publication of this notice in the Federal
Register.
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 subject merchandise from China entered, or withdrawn from
warehouse, for consumption on, or after, the publication date of the
final results of review, as provided for by section 751(a)(2)(C) of the
Act: (1) for Dongyuan and Yingao, the cash deposit rates will be equal
to the weighted-average dumping margins established in the final
results of this review (except, if the dumping margin is zero or de
minimis, then the cash deposit rate will be zero); (2) for a previously
investigated or reviewed exporter of subject merchandise not listed in
the final results of review that has a separate rate, the cash deposit
rate will continue to be the exporter's existing cash deposit rate; (3)
for all Chinese exporters of subject merchandise that do not have a
separate rate, the cash deposit rate will be the cash deposit rate
established for the China-wide entity, i.e., 76.45 percent; \11\ and
(4) for all exporters of subject merchandise that are not located in
China and that are not eligible for a separate rate, the cash deposit
rate will be the rate applicable to the China exporter(s) that supplied
that non-Chinese exporter. These deposit requirements, when imposed,
shall remain in effect until further notice.
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\11\ See Order, 78 FR 21592, adjusted for export subsidies as
outlined in Final Determination, 78 FR 13019.
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Disclosure
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice in the Federal
Register.\12\
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\12\ See 19 CFR 351.224(b).
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Public Comment
Interested parties may submit case briefs to Commerce no later than
seven days after the date of the last verification report issued in
this administrative review.\13\ Rebuttal briefs, limited to issues
raised in the case briefs, may be filed no later than seven days after
the time limit for filing case briefs.\14\ Parties who submit case
briefs 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.\15\ Case and rebuttal
briefs should be filed using ACCESS.\16\ Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\17\
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\13\ See 19 CFR 351.309(c).
\14\ Commerce is exercising its discretion, under 19 CFR
351.309(d)(1), to alter the time limit for filing of rebuttal
briefs.
\15\ See 19 CFR 351.309(c)(2) and (d)(2).
\16\ See 19 CFR 351.303.
\17\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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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, filed electronically via
ACCESS within 30 days after the date of publication of this notice.\18\
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. Oral presentations at 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.\19\
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\18\ See 19 CFR 351.310(c).
\19\ See 19 CFR 351.310(d).
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Verification
As provided in section 782(i)(3) of the Act, Commerce intends to
verify the information relied upon for its final results.
Final Results
Commerce intends to issue the final results of this administrative
review, including the results of its analysis raised in any written
briefs, not later than 120 days after the publication of these
preliminary results in the Federal Register, unless otherwise
extended.\20\
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\20\ See section 751(a)(3)(A) of the Act.
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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 and/or countervailing 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 and/or countervailing
duties occurred and the subsequent assessment of double antidumping
duties, and/or an increase in the amount of antidumping duties by the
amount of the countervailing duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR
351.213, and 19 CFR 351.221(b)(4).
Dated: April 27, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2023-09429 Filed 5-3-23; 8:45 am]
BILLING CODE 3510-DS-P