Notice2023-09429
Drawn Stainless Steel Sinks From the People's Republic of China: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2021-2022
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
May 4, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 86 (Thursday, May 4, 2023)</title>
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[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Notices]
[Pages 28485-28487]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09429]
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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; 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\
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\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).
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Scope of the Order <SUP>4</SUP>
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\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).
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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\
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\5\ For a complete description of the scope of the order, see
Preliminary Decision Memorandum.
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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).
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\6\ The petitioner is Elkay Manufacturing Company.
\7\ See Petitioner's Letter, ``Partial Withdrawal of Request for
Administrative Review'' dated September 7, 2022.
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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
<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://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>. 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.
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\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:
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Weighted-
average
Producer or exporter dumping margin
(percent)
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Guangdong Dongyuan Kitchenware Industrial Co., Ltd...... 9.52
Guangdong Yingao Kitchen Utensils Co., Ltd.............. 36.53
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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
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</html>Indexed from Federal Register on May 4, 2023.
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