Drawn Stainless Steel Sinks From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2021-2022, 76174-76176 [2023-24478]
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76174
Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Notices
Subsidy rate
(percent
ad valorem)
Producer/exporter
Chandan Steel Limited ........................
Pradeep Metals Limited ......................
2.60
4.04
Review-Specific Average Rate Applicable to the
Following
BFN Forgings Private Limited .............
2.82
ddrumheller on DSK120RN23PROD with NOTICES1
Disclosure and Public Comment
We will disclose to parties to this
proceeding the calculations performed
for these preliminary results within five
days of the date of publication of these
preliminary results in accordance with
19 CFR 351.224(b).9
Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs
no later than 30 days after the date of
publication of this notice. Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed not later than
five days after the date for filing case
briefs.10 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.11 Case and
rebuttal briefs should be filed using
ACCESS 12 and must be served on
interested parties. Executive summaries
should be limited to five pages total,
including footnotes. Note that
Commerce has amended certain of its
requirements pertaining to the service of
documents in 19 CFR 351.303(f).13
Interested parties who wish to request
a hearing must do so within 30 days of
publication of these preliminary results
by submitting a written request to the
Assistant Secretary for Enforcement and
Compliance using Enforcement and
Compliance’s ACCESS system.14
Requests should contain the party’s
name, address, and telephone number,
the number of participants, and a list of
the issues to be discussed. Issues raised
in the hearing will be limited to those
raised in the respective case and
rebuttal briefs.15 If a request for a
hearing is made, Commerce intends to
hold the hearing at a time and date to
be determined. Parties should confirm
the date and time of the hearing two
days before the scheduled date. Parties
are reminded that all briefs and hearing
requests must be filed electronically
9 See
19 CFR 351.224(b).
10 See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
11 See 19 CFR 351.309(c)(2) and (d)(2).
12 See generally 19 CFR 351.303.
13 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings; Final Rule, 88 FR
67069 (September 29, 2023)
14 See 19 CFR 351.310(c).
15 See 19 CFR 351.310.
VerDate Sep<11>2014
17:53 Nov 03, 2023
Jkt 262001
using ACCESS and received
successfully in their entirety by 5:00
p.m. Eastern Time on the due date.
the issues raised by the parties in their
comments, within 120 days after
publication of these preliminary results.
Assessment Rates
Consistent with section 751(a)(2)(C) of
the Act, upon issuance of the final
results, Commerce shall determine, and
U.S. Customs and Border Protection
(CBP) shall assess, countervailing duties
on all appropriate entries in accordance
with the final results of this review. If
the assessment rate calculated in the
final results is zero or de minimis, we
will instruct CBP to liquidate all
appropriate entries without regard to
countervailing duties. For the company
for which this review is rescinded (i.e.,
Hilton), Commerce will instruct CBP to
assess countervailing duties on all
appropriate entries at a rate equal to the
cash deposit of estimated countervailing
duties required at the time of entry, or
withdrawal from warehouse, for
consumption, during the period January
1, 2021, through December 31, 2021, in
accordance with 19 CFR 351.212(c)(l)(i).
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).
Notification to Interested Parties
Cash Deposit Requirements
Pursuant to section 751(a)(2)(C) of the
Act, Commerce intends to instruct CBP
to collect cash deposits of estimated
countervailing duties in the amounts
shown for each of the companies listed
above on shipments of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of publication of the final
results of this administrative review,
except where the rate calculated in the
final results is zero or de minimis, no
cash deposit will be required. For all
non-reviewed firms, we will instruct
CBP to continue to collect cash deposits
of estimated countervailing duties at the
most recent company-specific or allothers rate applicable to the company,
as appropriate. These cash deposit
instructions, when imposed, shall
remain in effect until further notice.
Final Results of Review
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act, Commerce intends to issue the final
results of this administrative review,
including the results of our analysis of
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Sfmt 4703
This administrative review and notice
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act and 19 CFR 351.213.
Dated: October 31, 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. Scope of the Order
IV. Period of Review
V. Rate for Non-Examined Companies
VI. Subsidies Valuation Information
VII. Benchmarks and Interest Rates
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2023–24481 Filed 11–3–23; 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: Final
Results of Antidumping Duty
Administrative Review; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The U.S. Department of
Commerce (Commerce) determines that
Guangdong Dongyuan Kitchenware
Industrial Co., Ltd. (Dongyuan) made
sales of subject merchandise at prices
below normal value during the period of
review (POR) April 1, 2021, through
March 31, 2022. Additionally, we find
that Guangdong Yingao Kitchen
Utensils Co., Ltd. (Yingao) and
Shenzhen Kehuaxing Industrial Ltd.
(Shenzhen Kehuaxing) have not
established their eligibility for a
separate rate.
SUMMARY:
DATES:
Applicable November 6, 2023.
Ajay
Menon, 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.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Notices
Background
On May 4, 2023, Commerce published
the Preliminary Results.1 On July 19,
2023, we extended the deadline for
these final results to October 31, 2023.2
For a complete description of the events
that occurred subsequent to the
Preliminary Results, see the Issues and
Decision Memorandum.3 Commerce
conducted this review in accordance
with section 751(a) of the Tariff Act of
1930, as amended (the Act).
Scope of the Order 4
The products covered by the Order
are drawn stainless steel sinks from the
People’s Republic of China (China).5
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. While
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the scope of the
order is dispositive.
Analysis of Comments Received
We addressed all the issues raised in
the case and rebuttal briefs in the Issues
and Decision Memorandum. A list of
the issues that parties raised is provided
in the appendix to this notice. 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. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
ddrumheller on DSK120RN23PROD with NOTICES1
Based on a review of the record and
comments received from interested
1 See Drawn Stainless Steel Sinks from the
People’s Republic of China: Preliminary Results and
Partial Rescission of Antidumping Duty
Administrative Review; 2021–2022, 88 FR 28485
(May 4, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Extension of Deadline for
Final Results,’’ dated July 19, 2023.
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2021–
2022 Antidumping Duty Administrative Review of
Drawn Stainless Steel Sinks from the People’s
Republic of China,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and 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 Issues and Decision Memorandum.
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76175
parties regarding the Preliminary
Results, we have made certain changes
to the margin calculations for
Dongyuan.6
rate of 76.45 percent.8 Furthermore,
because we find that Shenzhen
Kehuaxing and Yingao are part of the
China-wide entity, we will also instruct
CBP to apply an ad valorem assessment
Final Results of Review
rate of 76.45 to all POR entries of subject
merchandise that were produced and/or
As a result of this review, we are
exported by either Shenzhen Kehuaxing
assigning the following estimated
or Yingao.
weighted-average dumping margins for
Commerce intends to issue
the period April 1, 2021, through March
assessment
instructions to CBP no
31, 2022:
earlier than 35 days after the date of
Weighted- publication of these final results. If a
timely summons is filed at the U.S.
average
Producer or exporter
dumping
Court of International Trade, the
margin
assessment instructions will direct CBP
(percent)
not to liquidate relevant entries until the
time for parties to file a request for a
Guangdong Dongyuan Kitchenware Industrial Co., Ltd ...........
5.85 statutory injunction has expired (i.e.,
within 90 days of publication).
Guangdong Yingao Kitchen
Utensils Co., Ltd .....................
76.45
Disclosure
Commerce intends to disclose the
calculations performed in connection
with these final results to interested
parties within five days of the date of
publication of this notice in the Federal
Register, in accordance with 19 CFR
351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b), Commerce
determined, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries of subject merchandise in
accordance with the final results of this
review.
For Dongyuan, Commerce calculated
importer- (or customer-) specific perunit 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 Dongyuan’s
weighted-average dumping margin is
zero or de minimis, or an importerspecific rate is zero or de minimis
within the meaning of 19 CFR
351.106(c)(1), we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
Pursuant to Commerce’s assessment
practice,7 for entries that were not
reported in the U.S. sales data submitted
by Dongyuan, we will instruct CBP to
liquidate such entries at the China-wide
6 For a full description of these changes, see
Issues and Decision Memorandum.
7 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011), for a full discussion
of this practice.
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Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of
administrative review for all shipments
of subject merchandise 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) the cash
deposit rate for Dongyuan will be equal
to the dumping margin established in
the final results of this review; (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; 9
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
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
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).
9 Id.
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Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Notices
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.
Comment 9: Whether to Include
Dongyuan’s Bank Charges Noted at
Verification
Comment 10: Whether Commerce Should
Grant a Scrap Offset to Dongyuan
V. Recommendation
this administrative review until October
31, 2023.3 For a complete description of
the events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.4
[FR Doc. 2023–24478 Filed 11–3–23; 8:45 am]
Scope of the Order
BILLING CODE 3510–DS–P
The merchandise covered by the
Order is stainless steel flanges from
India. For a full description of the scope
of the Order, see the Preliminary
Decision Memorandum.
Notification Regarding Administrative
Protective Order
This notice also serves as the final
reminder to parties subject to
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). Timely
written notification of return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
Stainless Steel Flanges From India:
Preliminary Results of Antidumping
Duty Administrative Review and Partial
Rescission; 2021–2022
Notification to Interested Parties
We are issuing and publishing these
final results of administrative review
and notice in accordance with sections
751(a)(1) and 777(i) of the Act, and 19
CFR 351.221(b)(5).
Dated: October 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
ddrumheller on DSK120RN23PROD with NOTICES1
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Margin Calculations
IV. Discussion of the Issues
Comment 1: Whether Commerce Should
Select Romania as the Primary Surrogate
Country
Comment 2: Whether Commerce Should
Value Stainless Steel Using Romanian
Surrogate Value Data
Comment 3: Surrogate Value Source to
Value Clips
Comment 4: Whether Commerce Should
Exclude Taiwan Import Data from its
Calculation of the Surrogate Value for
Stainless Steel
Comment 5: Whether Commerce Will
Consider Supplemental Surrogate Value
Data for Labor
Comment 6: Whether Commerce Should
Apply Adverse Facts Available to Yingao
Comment 7: Whether Commerce Should
Grant Dongyuan a Double Remedies
Offset in its Margin Calculation
Comment 8: Verification Issues Related to
Dongyuan’s Reported Product Codes
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17:53 Nov 03, 2023
Jkt 262001
DEPARTMENT OF COMMERCE
International Trade Administration
Partial Rescission of Administrative
Review
[A–533–877]
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
finds that producers/exporters of
stainless steel flanges (flanges) from
India did not make sales of subject
merchandise in the United States at
prices below normal value (NV) during
the period of review (POR) October 1,
2021, through September 30, 2022. In
addition, we are rescinding this review
for one company. We invite interested
parties to comment on these preliminary
results.
DATES: Applicable November 6, 2023.
FOR FURTHER INFORMATION CONTACT:
Benito Ballesteros or Seth Brown, AD/
CVD Operations, Office IX, Enforcement
and Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4725 or (202) 482–0029,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On October 9, 2018, Commerce
published in the Federal Register an
antidumping duty order on flanges from
India.1 On December 5, 2022, based on
timely requests for review, Commerce
initiated an administrative review of the
Order covering 15 companies, in
accordance with section 751(a) of the
Tariff Act of 1930, as amended (the
Act).2 On June 6, 2023, we extended the
deadline for the preliminary results of
1 See Stainless Steel Flanges from India:
Antidumping Duty Order, 83 FR 50639 (October 9,
2018) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
74404 (December 5, 2022); and Initiation of
Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 7060 (February 2,
2023) (collectively, Initiation Notice).
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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 the notice of
initiation. On March 2, 2023, we
received a timely withdrawal request
from R.N. Gupta & Company Limited.5
Because no other party requested a
review of this company, Commerce is
rescinding this review with respect to
R.N. Gupta & Company Limited, in
accordance with 19 CFR 351.213(d)(1).
Methodology
Commerce is conducting this review
in accordance with sections 751(a) of
the Act. We calculated export price and
constructed export price in accordance
with section 772 of the Act. We
calculated NV in accordance with
section 773 of the Act.
For a full description of the
methodology underlying these
preliminary results, see the Preliminary
Decision Memorandum. A list of topics
included in the Preliminary Decision
Memorandum is included as Appendix
I to this notice. The Preliminary
Decision Memorandum is a public
document and is made available to the
public 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.
3 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of 2021–2022 Antidumping
Duty Administrative Review,’’ dated June 6, 2023.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Antidumping Duty
Administrative Review of Stainless Steel Flanges
from India; 2021–2022,’’ dated concurrently with,
and hereby adopted by, this notice (Preliminary
Decision Memorandum).
5 See R.N. Gupta’s Letter, ‘‘Withdrawal of Antidumping Duty Administrative Review,’’ dated
March 2, 2023.
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]]>Agencies
[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Notices]
[Pages 76174-76176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24478]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-983]
Drawn Stainless Steel Sinks From the People's Republic of China:
Final Results 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) determines that
Guangdong Dongyuan Kitchenware Industrial Co., Ltd. (Dongyuan) made
sales of subject merchandise at prices below normal value during the
period of review (POR) April 1, 2021, through March 31, 2022.
Additionally, we find that Guangdong Yingao Kitchen Utensils Co., Ltd.
(Yingao) and Shenzhen Kehuaxing Industrial Ltd. (Shenzhen Kehuaxing)
have not established their eligibility for a separate rate.
DATES: Applicable November 6, 2023.
FOR FURTHER INFORMATION CONTACT: Ajay Menon, 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.
SUPPLEMENTARY INFORMATION:
[[Page 76175]]
Background
On May 4, 2023, Commerce published the Preliminary Results.\1\ On
July 19, 2023, we extended the deadline for these final results to
October 31, 2023.\2\ For a complete description of the events that
occurred subsequent to the Preliminary Results, see the Issues and
Decision Memorandum.\3\ Commerce conducted this review in accordance
with section 751(a) of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See Drawn Stainless Steel Sinks from the People's Republic
of China: Preliminary Results and Partial Rescission of Antidumping
Duty Administrative Review; 2021-2022, 88 FR 28485 (May 4, 2023)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum.
\2\ See Memorandum, ``Extension of Deadline for Final Results,''
dated July 19, 2023.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2021-2022 Antidumping Duty Administrative
Review of Drawn Stainless Steel Sinks from the People's Republic of
China,'' dated concurrently with, and hereby adopted by, this notice
(Issues and 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 drawn stainless steel sinks
from the People's Republic of China (China).\5\ 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. While HTSUS subheadings are provided for convenience and
customs purposes, the written description of the scope of the order is
dispositive.
---------------------------------------------------------------------------
\5\ For a complete description of the scope of the Order, see
Issues and Decision Memorandum.
---------------------------------------------------------------------------
Analysis of Comments Received
We addressed all the issues raised in the case and rebuttal briefs
in the Issues and Decision Memorandum. A list of the issues that
parties raised is provided in the appendix to this notice. 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. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding the Preliminary Results, we have made
certain changes to the margin calculations for Dongyuan.\6\
---------------------------------------------------------------------------
\6\ For a full description of these changes, see Issues and
Decision Memorandum.
---------------------------------------------------------------------------
Final Results of Review
As a result of this review, we are assigning the following
estimated weighted-average dumping margins for the period April 1,
2021, through March 31, 2022:
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping
margin
(percent)
------------------------------------------------------------------------
Guangdong Dongyuan Kitchenware Industrial Co., Ltd.......... 5.85
Guangdong Yingao Kitchen Utensils Co., Ltd.................. 76.45
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose the calculations performed in
connection with these final results to interested parties within five
days of the date of publication of this notice in the Federal Register,
in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce determined, and U.S. Customs and Border Protection (CBP) shall
assess, antidumping duties on all appropriate entries of subject
merchandise in accordance with the final results of this review.
For Dongyuan, 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 Dongyuan's weighted-average
dumping margin is zero or de minimis, or an importer-specific rate is
zero or de minimis within the meaning of 19 CFR 351.106(c)(1), we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties.
Pursuant to Commerce's assessment practice,\7\ for entries that
were not reported in the U.S. sales data submitted by Dongyuan, we will
instruct CBP to liquidate such entries at the China-wide rate of 76.45
percent.\8\ Furthermore, because we find that Shenzhen Kehuaxing and
Yingao are part of the China-wide entity, we will also instruct CBP to
apply an ad valorem assessment rate of 76.45 to all POR entries of
subject merchandise that were produced and/or exported by either
Shenzhen Kehuaxing or Yingao.
---------------------------------------------------------------------------
\7\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full
discussion of this practice.
\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).
---------------------------------------------------------------------------
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of these final results. 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).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of administrative review for all
shipments of subject merchandise 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) the
cash deposit rate for Dongyuan will be equal to the dumping margin
established in the final results of this review; (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; \9\ 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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Notification to Importers
This notice serves as a final reminder to importers of their
responsibility
[[Page 76176]]
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 Regarding Administrative Protective Order
This notice also serves as the final reminder to parties subject to
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). Timely written
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and terms of an APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review and notice in accordance with sections 751(a)(1) and 777(i) of
the Act, and 19 CFR 351.221(b)(5).
Dated: October 31, 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. Margin Calculations
IV. Discussion of the Issues
Comment 1: Whether Commerce Should Select Romania as the Primary
Surrogate Country
Comment 2: Whether Commerce Should Value Stainless Steel Using
Romanian Surrogate Value Data
Comment 3: Surrogate Value Source to Value Clips
Comment 4: Whether Commerce Should Exclude Taiwan Import Data
from its Calculation of the Surrogate Value for Stainless Steel
Comment 5: Whether Commerce Will Consider Supplemental Surrogate
Value Data for Labor
Comment 6: Whether Commerce Should Apply Adverse Facts Available
to Yingao
Comment 7: Whether Commerce Should Grant Dongyuan a Double
Remedies Offset in its Margin Calculation
Comment 8: Verification Issues Related to Dongyuan's Reported
Product Codes
Comment 9: Whether to Include Dongyuan's Bank Charges Noted at
Verification
Comment 10: Whether Commerce Should Grant a Scrap Offset to
Dongyuan
V. Recommendation
[FR Doc. 2023-24478 Filed 11-3-23; 8:45 am]
BILLING CODE 3510-DS-P
