Notice2021-18755
Drawn Stainless Steel Sinks From the People's Republic of China: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2020-2021
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 31, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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, 2020, through March 31, 2021. Additionally, Commerce is rescinding this review with respect to multiple companies. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 86 Issue 166 (Tuesday, August 31, 2021)</title>
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[Federal Register Volume 86, Number 166 (Tuesday, August 31, 2021)]
[Notices]
[Pages 48666-48668]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18755]
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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; 2020-2021
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, 2020, through
March 31, 2021. Additionally, Commerce is rescinding this review with
respect to multiple companies. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable August 31, 2021.
FOR FURTHER INFORMATION CONTACT: Adam Simons, AD/CVD Operations,
[[Page 48667]]
Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6172.
SUPPLEMENTARY INFORMATION:
Background
On June 11, 2021, Commerce published a notice of initiation of an
administrative review of the antidumping duty order drawn stainless
steel sinks from the People's Republic of China (China) covering the
period April 1, 2020, through March 31, 2021, with respect to 29
companies.\1\ Due to a timely withdrawal request, we are rescinding the
review with respect to 27 of these companies.\2\ Therefore, the results
of this review cover the two remaining companies: Jiangmen New Star Hi-
Tech Enterprise Ltd. (New Star) and KaiPing Dawn Plumbing Products,
Inc. (KaiPing).
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\1\ See Initiation of Antidumping and Countervailing Duty
Reviews, 86 FR 31282 (June 11, 2021).
\2\ See Petitioner's Letter, ``Notice of Partial Withdrawal of
Request for Administrative Review,'' dated July 13, 2021
(Petitioner's Withdrawal Letter).
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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\
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\3\ For a complete description of the scope of the order, see
Memorandum, ``Decision Memorandum for Preliminary Results of the
2020-2021 Antidumping Duty Administrative Review,'' issued
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at <a href="https://enforcement.trade.gov/frn/index.html">https://enforcement.trade.gov/frn/index.html</a>. A list of topics
included in the Preliminary Decision Memorandum is provided as an
appendix to this notice.
Partial Rescission of Administrative Review
Section 351.213(d)(1) of Commerce's regulations provides that
Commerce will rescind an administrative review, in whole or in part, if
all parties that requested a review withdraw their requests for review
within 90 days of the publication date of the notice of initiation of
the requested review. On July 13, 2021, the petitioner timely withdrew
its request for administrative review of the following companies: (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 Dongyuan Kitchenware Industrial Co., Ltd.; (8)
Guangdong G-Top Import & Export Co., Ltd.; (9) Guangdong New Shichu
Import & Export Company Limited; (10) Guangdong Yingao Kitchen Utensils
Co., Ltd.; (11) Hangzhou Heng's Industries Co., Ltd.; (12) Hubei Foshan
Success Imp & Exp Co. Ltd.; (13) J&C Industries Enterprise Limited;
(14) Jiangmen Hongmao Trading Co., Ltd.; (15) Jiangmen Pioneer Import &
Export Co., Ltd.; (16) Jiangxi Zoje Kitchen & Bath Industry Co., Ltd.;
(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) Shenzhen Kehauxing Industrial Ltd.; (21)
Shunde Foodstuffs Import & Export Company Limited of Guangdong; (22)
Shunde Native Produce Import and Export Co., Ltd. of Guangdong; (23)
Xinhe Stainless Steel Products Co., Ltd.; (24) Zhongshan Newecan
Enterprise Development Cooperation; (25) Zhongshan Silk Imp. & Exp.
Group Co., Ltd. of Guangdong; (26) Zhongshan Superte Kitchenware Co.,
Ltd.; and (27) Zhuhai Kohler Kitchen & Bathroom Products Co. Ltd.\4\
Because all review requests for these companies were timely withdrawn,
in accordance with 19 CFR 351.213(d)(1), we are rescinding this review
with respect to these companies. The administrative review will
continue for the remaining companies for which a review was requested
and not withdrawn: KaiPing and New Star.
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\4\ See Petitioner's Withdrawal Letter.
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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.\5\ Because no party requested a
review of the China-wide entity in this review, the entity is not under
review, and the entity's rate is not subject to change (i.e., 76.45
percent).\6\
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\5\ 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).
\6\ 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).
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Preliminary Results of Review
Commerce finds that the two respondents remaining in this
administrative review, KaiPing and New Star, have not established their
eligibility for a separate rate and are considered to be part of the
China-wide entity for these preliminary results.
Disclosure and Public Comment
Interested parties may submit case briefs no later than 30 days
after the date of publication of this notice.\7\ 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.\8\ 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.\9\ Case and
rebuttal briefs should be filed using ACCESS.\10\
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\7\ See 19 CFR 351.309(c).
\8\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19, 85 FR 17006 (March 26,
2020), and Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020) (collectively, Temporary Rule).
\9\ See 19 CFR 351.309(c)(2).
\10\ 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
[[Page 48668]]
publication of this notice.\11\ 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.\12\
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\11\ See 19 CFR 351.310(c).
\12\ 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. Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\13\
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\13\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements); and Temporary Rule.
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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 issuance 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 KaiPing and
New Star 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 during the POR that were produced and/or exported
by KaiPing and New Star.
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\15\ See 19 CFR 351.212(b)(1).
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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).
For the companies for which we have rescinded 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 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 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;
(2) 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 (3) 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 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.
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: August 25, 2021.
Christian Marsh,
Acting 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 the Methodology
V. Recommendation
[FR Doc. 2021-18755 Filed 8-30-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on August 31, 2021.
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