Notice2023-24478
Drawn Stainless Steel Sinks From the People's Republic of China: Final Results 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
November 6, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 213 (Monday, November 6, 2023)</title>
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[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Notices]
[Pages 76174-76176]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24478]
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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).
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\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).
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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 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.
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\5\ For a complete description of the scope of the Order, see
Issues and Decision Memorandum.
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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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\
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\6\ For a full description of these changes, see Issues and
Decision Memorandum.
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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:
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Weighted-
average
Producer or exporter dumping
margin
(percent)
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Guangdong Dongyuan Kitchenware Industrial Co., Ltd.......... 5.85
Guangdong Yingao Kitchen Utensils Co., Ltd.................. 76.45
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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.
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\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).
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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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\9\ Id.
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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
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