[Federal Register Volume 86, Number 17 (Thursday, January 28, 2021)]
[Notices]
[Pages 7363-7365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01905]
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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 of the Antidumping Duty Administrative Review;
2019-2020
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, 2019, through
March 31, 2020. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable January 28, 2021.
FOR FURTHER INFORMATION CONTACT: Adam Simons, AD/CVD Operations, 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 8, 2020, 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, 2019, through March 31, 2020, with respect to 29
companies.\1\ In August 2020, following a timely withdrawal request, we
rescinded the review with respect to 23 of these companies.\2\
Therefore, the results of this review cover the six remaining
companies.
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\1\ See Initiation of Antidumping and Countervailing Duty
Reviews, 85 FR 35068, 35071 (June 8, 2020).
\2\ See Drawn Stainless Steel Sinks from the People's Republic
of China: Partial Rescission of Antidumping Duty Administrative
Review; 2019-2020, 85 FR 48152 (August 10, 2020).
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Scope of the Order
The products covered by the order include drawn stainless steel
sinks from the People's Republic of China (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
2019-2020 Antidumping Duty Administrative Review: Drawn Stainless
Steel Sinks from the People's Republic of China,'' 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 https://access.trade.gov. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/index.html. The signed and the
electronic versions of the Preliminary Decision Memorandum are
identical in content. A list of topics included in the Preliminary
Decision Memorandum is provided as an appendix to this notice.
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.\4\ 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).\5\
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\4\ 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).
\5\ 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 mandatory respondents, Jiangmen New
Star Hi-Tech Enterprise Ltd. (New Star) and Zhuhai Kohler Kitchen &
Bathroom Products Co., Ltd. (Kohler), have not established their
eligibility for a separate rate and are considered to be part of the
China-wide entity for these preliminary results. Additionally, because
the following companies did not submit separate rate applications or
certifications, we preliminarily determine they are ineligible for a
separate rate and are part of the China-wide entity: Guangdong G-Top
Import & Export Co., Ltd. (G-Top); Jiangmen Pioneer Import & Export
Co., Ltd. (Pioneer); and Zhongshan Superte Kitchenware Co., Ltd.
(Superte).
The statute and Commerce's regulations do not address what rate to
apply to respondents who are not
[[Page 7364]]
selected for individual examination when Commerce limits its
examination in an administrative review pursuant to section 777A(c)(2)
of the Act. Generally, Commerce looks to section 735(c)(5) of the Act,
which provides instructions for calculating the all-others rate in an
investigation, for guidance when calculating the rate for non-selected
respondents that are not examined individually in an administrative
review. Section 735(c)(5)(A) of the Act states that the all-others rate
should be calculated by averaging the weighted-average dumping margins
for individually-examined respondents, excluding rates that are zero,
de minimis, or based entirely on facts available. Section 735(c)(5)(B)
of the Act provides that where all rates are zero, de minimis, or based
entirely on facts available, Commerce may use ``any reasonable method''
for assigning a rate to non-examined respondents.
However, for these preliminary results, we have not calculated any
individual rates or assigned a company-specific rate based on facts
available. Therefore, consistent with our recent practice,\6\ we
preliminary assigned to the non-individually examined company that
demonstrated its eligibility for a separate rate the most recently
assigned separate rate in this proceeding (i.e., 1.78 percent).\7\
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\6\ See, e.g., Shenzhen Xinboda Industrial Co., Ltd., v. United
States, Court No. 15-00179, Slip Op. (CIT 2016); see also Certain
Steel Threaded Rod From the People's Republic of China: Preliminary
Results of the Antidumping Duty Administrative Review and Rescission
of Antidumping Duty Administrative Review, in Part; 2015-2016, 82 FR
21189, 21192 (May 5, 2017), unchanged in Certain Steel Threaded Rod
From the People's Republic of China: Final Results of Antidumping
Duty Administrative Review; 2015-2016, 82 FR 51611 (November 7,
2017); and Certain Frozen Fish Fillets From the Socialist Republic
of Vietnam: Preliminary Results and Partial Rescission of the
Antidumping Duty Administrative Review; 2014-2015, 81 FR 64131,
64133 (September 19, 2016), unchanged in Certain Frozen Fish Fillets
From the Socialist Republic of Vietnam: Final Results and Partial
Rescission of Antidumping Duty Administrative Review; 2014-2015, 82
FR 15181 (March 27, 2017).
\7\ See Drawn Stainless Steel Sinks from the People's Republic
of China: Final Results of Antidumping Duty Administrative Review;
2017-2018, 85 FR 11341 (February 27, 2020).
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Commerce preliminarily determines that the following weighted-
average dumping margins exist for the period April 1, 2019, through
March 31, 2020:
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Weighted-
average
Exporter dumping
margin
(percent)
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KaiPing Dawn Plumbing Products Inc......................... 1.78
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Disclosure and Public Comment
Interested parties may submit case briefs no later than 30 days
after the date of publication of this notice.\8\ 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.\9\ 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.\10\ Case and
rebuttal briefs should be filed using ACCESS.\11\
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\8\ See 19 CFR 351.309(c).
\9\ 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).
\10\ See 19 CFR 351.309(c)(2).
\11\ 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
publication of this notice.\12\ 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.\13\
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\12\ See 19 CFR 351.310(c).
\13\ 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.\14\
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\14\ 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.\15\
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\15\ 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.\16\ For the final results, if we continue to treat the
following companies as part of 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 those companies: G-Top; Kohler; New Star; Pioneer; and
Superte. For the company receiving a separate rate, we intend to assign
an assessment rate of 1.78 percent, consistent with the methodology
described above.
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\16\ 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).
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 the company
listed above that has a separate rate, the cash deposit rate will be
that rate established in the final results of this review (except, if
the rate is zero or de minimis, then a cash deposit rate of zero will
be established for that company); (2) 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; (3) 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 (4) 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.
[[Page 7365]]
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: January 22, 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. 2021-01905 Filed 1-27-21; 8:45 am]
BILLING CODE 3510-DS-P