80 FR 26226 - Drawn Stainless Steel Sinks From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review, Rescission in Part, and Intent To Rescind the Review in Part; 2012-2013
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 88 (May 7, 2015)
International Trade Administration
Federal Register Volume 80, Issue 88 (May 7, 2015)
| Page Range | 26226-26227 | |
| FR Document | 2015-11088 |
[Federal Register Volume 80, Number 88 (Thursday, May 7, 2015)] [Notices] [Pages 26226-26227] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-11088] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-570-984] Drawn Stainless Steel Sinks From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review, Rescission in Part, and Intent To Rescind the Review in Part; 2012-2013 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting an administrative review of the countervailing duty (CVD) order on drawn stainless steel sinks (sinks) from the People's Republic of China (PRC). The period of review (POR) is August 6, 2012, through December 31, 2013. We preliminarily find that Guangdong Dongyuan Kitchenware Industrial Co., Ltd. (Dongyuan) received countervailable subsidies during the POR. We are rescinding the review with respect to Foshan Zhaoshun Trade Co., Ltd. (Zhaoshun), Zhongshan Superte Kitchenware Co., Ltd. (Superte), Zhongshan Newecan Enterprise Development Corporation Limited (Newecan), Zhongshan Silk Imp. & Exp. Group Co., Ltd. of Guangdong (Zhongshan Silk). Further, we preliminarily find that Shunde Native Produce Import and Export Co., Ltd. of Guangdong (Native Produce) did not have any reviewable entries during the POR. Interested parties are invited to comment on these preliminary results. DATES: Effective Date: May 7, 2015. FOR FURTHER INFORMATION CONTACT: Jennifer Meek or Joshua Morris, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 2778 and (202) 482-1779, respectively. Scope of the Order Drawn stainless steel sinks are sinks with single or multiple drawn bowls, with or without drain boards, whether finished or unfinished, regardless of type of finish, gauge, or grade of sinks. The products covered by this order are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under statistical reporting number 7324.10.0000. Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the scope of the order is dispositive. A full description of the scope of the order is contained in the memorandum from Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ``Decision Memorandum for Preliminary Results of Countervailing Duty Administrative Review: Drawn Stainless Steel Sinks from the People's Republic of China'' dated concurrently with this notice (Preliminary Decision Memorandum), which is hereby adopted by this notice. A list of topics discussed in the Preliminary Decision Memorandum is provided as Appendix I to this Notice. 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 http://access.trade.gov and in the Central Records Unit, room 7046 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. Methodology The Department conducted this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each program found countervailable, we preliminarily determine that there is a subsidy, i.e., a government-provided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific.\1\ --------------------------------------------------------------------------- \1\ See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. --------------------------------------------------------------------------- In making the preliminary findings, we relied, in part, on facts available and, because the Government of the PRC did not act to the best of its ability to respond to the Department's requests for information, we applied an adverse inference in selecting from among the facts otherwise available.\2\ For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. --------------------------------------------------------------------------- \2\ See sections 776(a) and (b) of the Act. For further information, see ``Use of Facts Otherwise Available and Adverse Inferences'' in the Preliminary Decision Memorandum. --------------------------------------------------------------------------- Partial Rescission As discussed in the Preliminary Decision Memorandum, the companies Zhaoshun, Superte, Newecan, and Zhongshan Silk timely withdrew their requests for administrative review of themselves.\3\ No other parties requested reviews of these companies. The Department, pursuant to 19 CFR 351.213(d)(1), is therefore rescinding this administrative review with respect to Zhaoshun, Superte, Newecan, and Zhongshan Silk.\4\ --------------------------------------------------------------------------- \3\ As noted in the Preliminary Decision Memorandum, Native Produce also submitted a withdrawal of its request for review. It did so, however, after the 90-day deadline pursuant to 19 CFR 351.213(d)(1) and was, therefore, untimely. \4\ See Appendix II for the full list of companies for which this review is being rescinded. --------------------------------------------------------------------------- Preliminary Determination of No Shipments and Intent To Rescind the Review in Part Based on our analysis of U.S. Customs and Border Protection (CBP) information and information provided by Native Produce, we preliminarily determine that Native Produce did not [[Page 26227]] have any reviewable entries during the POR. Absent any evidence of shipments being placed on the record, pursuant to 19 CFR 351.213(d)(3), in the final results, we intend to rescind the administrative review of this company. For additional information regarding this determination, see the Preliminary Decision Memorandum. Preliminary Results of the Review In accordance with 19 CFR 351.221(b)(4)(i), we calculated an individual subsidy rate for Dongyuan for the period August 6, 2012, through December 31, 2013. We calculated a rate for 2012, which will be applicable to entries made during the period August 6, 2012, through December 31, 2012, and a rate for 2013, which will be applicable to entries during the period January 1, 2013, through December 31, 2013. We preliminarily find that the net subsidy rates for Dongyuan are as follows: ------------------------------------------------------------------------ Subsidy Subsidy rate rate Company (percent) (percent) 2013 2012 ------------------------------------------------------------------------ Guangdong Dongyuan Kitchenware Industrial Co., 9.83 3.91 Ltd............................................ ------------------------------------------------------------------------ Disclosure and Public Comment The Department intends to disclose calculations performed for these preliminary results to the parties within five days of the date of publication of this notice.\5\ Interested parties may submit case briefs no later than 30 days after the day on which these preliminary results are published in the Federal Register.\6\ Rebuttal briefs, which must be limited to issues raised in case briefs, may be submitted by no later than five days after the deadline for case briefs.\7\ Parties who submit case briefs or rebuttal briefs in this proceeding should submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.\8\ The summary of the argument should be limited to five pages total, including footnotes. --------------------------------------------------------------------------- \5\ See 19 CFR 351.224(b). \6\ See 19 CFR 351.309(c)(1)(ii). \7\ See 19 CFR 351.309(d). \8\ See 19 CFR 351.309(c)(2) and (d)(2). --------------------------------------------------------------------------- Interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce within 30 days after the date of publication of this notice.\9\ Requests should contain the party's name, address, and telephone number, the number of participants, and a list of the issues to be discussed. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, on a date and at a time and location to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. --------------------------------------------------------------------------- \9\ See 19 CFR 351.310(c). --------------------------------------------------------------------------- All submissions, with limited exceptions, must be filed electronically using ACCESS.\10\ An electronically filed documents must be received successfully in their entirety by the Department's electronic records system, ACCESS, by 5 p.m. Eastern Time (ET) on the due date. Documents excepted from the electronic submission requirements must be filed manually (i.e. in paper form) with the APO/ Dockets Unit in Room 18022 and stamped with the date and time of receipt by 5 p.m. ET on the due date.\11\ --------------------------------------------------------------------------- \10\ See generally 19 CFR 351.303. \11\ See Antidumping and Countervailing Duty proceedings: Electronic Filing Procedures; Administrative Protective Order Procedure, 76 FR 39263 (July 6, 2011). --------------------------------------------------------------------------- Unless the deadline is extended pursuant to section 751(a)(3)(A) of the Act, the Department will issue the final results of this administrative review, including our analysis of and responses to issues raised by the parties in their comments, within 120 days after issuing these preliminary results. Assessment Rates In accordance with 19 CFR 351.221(b)(4)(i), we assigned a subsidy rate for the producer/exporter subject to this administrative review. Upon issuance of the final results, the Department shall determine, and CBP shall assess, countervailing duties on all appropriate entries covered by this review. We intend to issue instructions to CBP 15 days after publication of the final results of this review. For the rescinded companies, countervailing duties shall be assessed at rates equal to the cash deposit of estimated countervailing duties required at the time of entry, or withdrawal from warehouse, for consumption, during the period August 6, 2012, through December 31, 2013, in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of this notice. Cash Deposit Requirements Also in accordance with section 751(a)(2)(C) of the Act, the Department intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amount shown above for Dongyuan, 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 review. For all non-reviewed firms, we will instruct CBP to continue to collect cash deposits at the most-recent company-specific or all-others rate applicable to the company, as appropriate. These cash deposit requirements, when imposed, shall remain in effect until further notice. These preliminary results are issued and published in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213 and 351.221(b)(4). Dated: April 30, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I--List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Scope of the Order 4. Partial Rescission of the Administrative Review 5. Intent to Rescind, in Part, the Administrative Review 6. Use of Facts Otherwise Available and Adverse Inferences 7. Subsidy Valuation Information 8. Analysis of Programs 9. Recommendation Appendix II--Companies for Which the Review Is Rescinded 1. Foshan Zhaoshun Trade Co., Ltd. 2. Zhongshan Superte Kitchenware Co., Ltd. 3. Zhongshan Silk Imp. & Exp. Group Co., Ltd. of Guangdong 4. Zhongshan Newecan Enterprise Development Corporation Limited [FR Doc. 2015-11088 Filed 5-6-15; 8:45 am] BILLING CODE 3510-DS-P
![26226 Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Notices
Notifications to Importers countervailable subsidies during the main Department of Commerce
This notice serves as a preliminary POR. We are rescinding the review with building. In addition, a complete
reminder to importers of their respect to Foshan Zhaoshun Trade Co., version of the Preliminary Decision
responsibility under 19 CFR Ltd. (Zhaoshun), Zhongshan Superte Memorandum can be accessed directly
351.402(f)(2) to file a certificate Kitchenware Co., Ltd. (Superte), on the internet at http://
regarding the reimbursement of Zhongshan Newecan Enterprise enforcement.trade.gov/frn/index.html.
antidumping duties prior to liquidation Development Corporation Limited The signed Preliminary Decision
of the relevant entries during this (Newecan), Zhongshan Silk Imp. & Exp. Memorandum and the electronic
review period. Failure to comply with Group Co., Ltd. of Guangdong version of the Preliminary Decision
this requirement could result in the (Zhongshan Silk). Further, we Memorandum are identical in content.
Secretary’s presumption that preliminarily find that Shunde Native Methodology
reimbursement of antidumping duties Produce Import and Export Co., Ltd. of
Guangdong (Native Produce) did not The Department conducted this
occurred and the subsequent assessment review in accordance with section
of doubled antidumping duties. have any reviewable entries during the
POR. Interested parties are invited to 751(a)(1)(A) of the Tariff Act of 1930, as
Notification to Interested Parties comment on these preliminary results. amended (the Act). For each program
found countervailable, we preliminarily
We are issuing and publishing these DATES: Effective Date: May 7, 2015.
determine that there is a subsidy, i.e., a
results in accordance with sections FOR FURTHER INFORMATION CONTACT: government-provided financial
751(a)(1) and 777(i)(1) of the Act. Jennifer Meek or Joshua Morris, AD/ contribution that gives rise to a benefit
Dated: May 1, 2015. CVD Operations, Office I, Enforcement to the recipient, and that the subsidy is
Paul Piquado, and Compliance, International Trade specific.1
Assistant Secretary for Enforcement and Administration, U.S. Department of In making the preliminary findings,
Compliance. Commerce, 14th Street and Constitution we relied, in part, on facts available and,
Avenue NW., Washington, DC 20230; because the Government of the PRC did
Appendix—List of Topics Discussed in telephone: (202) 482–2778 and (202) not act to the best of its ability to
the Preliminary Decision Memorandum 482–1779, respectively. respond to the Department’s requests for
A. Summary Scope of the Order information, we applied an adverse
B. Background inference in selecting from among the
C. Scope of the Order Drawn stainless steel sinks are sinks facts otherwise available.2 For a full
D. Rescission of Review in Part with single or multiple drawn bowls, description of the methodology
E. Discussion of the Methodology with or without drain boards, whether underlying our conclusions, see the
1. Use of Facts Otherwise Available finished or unfinished, regardless of Preliminary Decision Memorandum.
a. Use of Facts Available type of finish, gauge, or grade of sinks.
b. Application of Facts Available With an The products covered by this order are Partial Rescission
Adverse Inference currently classified in the Harmonized As discussed in the Preliminary
c. Selection and Corroboration of
Information Used as Facts Available
Tariff Schedule of the United States Decision Memorandum, the companies
2. Duty Absorption (HTSUS) under statistical reporting Zhaoshun, Superte, Newecan, and
F. Recommendation number 7324.10.0000. Although the Zhongshan Silk timely withdrew their
[FR Doc. 2015–11087 Filed 5–6–15; 8:45 am]
HTSUS subheading is provided for requests for administrative review of
convenience and customs purposes, the themselves.3 No other parties requested
BILLING CODE 3510–DS–P
written description of the scope of the reviews of these companies. The
order is dispositive. Department, pursuant to 19 CFR
DEPARTMENT OF COMMERCE A full description of the scope of the 351.213(d)(1), is therefore rescinding
order is contained in the memorandum this administrative review with respect
International Trade Administration from Christian Marsh, Deputy Assistant to Zhaoshun, Superte, Newecan, and
Secretary for Enforcement and Zhongshan Silk.4
[C–570–984]
Compliance, to Paul Piquado, Assistant Preliminary Determination of No
Drawn Stainless Steel Sinks From the Secretary for Enforcement and Shipments and Intent To Rescind the
People’s Republic of China: Compliance, ‘‘Decision Memorandum Review in Part
Preliminary Results of Countervailing for Preliminary Results of
Countervailing Duty Administrative Based on our analysis of U.S. Customs
Duty Administrative Review, and Border Protection (CBP)
Rescission in Part, and Intent To Review: Drawn Stainless Steel Sinks
from the People’s Republic of China’’ information and information provided
Rescind the Review in Part; 2012–2013 by Native Produce, we preliminarily
dated concurrently with this notice
AGENCY: Enforcement and Compliance, (Preliminary Decision Memorandum), determine that Native Produce did not
International Trade Administration, which is hereby adopted by this notice. 1 See sections 771(5)(B) and (D) of the Act
Department of Commerce. A list of topics discussed in the regarding financial contribution; section 771(5)(E)
SUMMARY: The Department of Commerce Preliminary Decision Memorandum is of the Act regarding benefit; and section 771(5A) of
(the Department) is conducting an provided as Appendix I to this Notice. the Act regarding specificity.
administrative review of the The Preliminary Decision 2 See sections 776(a) and (b) of the Act. For
further information, see ‘‘Use of Facts Otherwise
mstockstill on DSK4VPTVN1PROD with NOTICES
countervailing duty (CVD) order on Memorandum is a public document and
Available and Adverse Inferences’’ in the
drawn stainless steel sinks (sinks) from is on file electronically via Enforcement Preliminary Decision Memorandum.
the People’s Republic of China (PRC). and Compliance’s Antidumping and 3 As noted in the Preliminary Decision
The period of review (POR) is August 6, Countervailing Duty Centralized Memorandum, Native Produce also submitted a
2012, through December 31, 2013. We Electronic Service System (ACCESS). withdrawal of its request for review. It did so,
however, after the 90-day deadline pursuant to 19
preliminarily find that Guangdong ACCESS is available to registered users CFR 351.213(d)(1) and was, therefore, untimely.
Dongyuan Kitchenware Industrial Co., at http://access.trade.gov and in the 4 See Appendix II for the full list of companies
Ltd. (Dongyuan) received Central Records Unit, room 7046 of the for which this review is being rescinded.
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![Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Notices 26227
have any reviewable entries during the notice.9 Requests should contain the Cash Deposit Requirements
POR. Absent any evidence of shipments party’s name, address, and telephone Also in accordance with section
being placed on the record, pursuant to number, the number of participants, and 751(a)(2)(C) of the Act, the Department
19 CFR 351.213(d)(3), in the final a list of the issues to be discussed. If a intends to instruct CBP to collect cash
results, we intend to rescind the request for a hearing is made, the deposits of estimated countervailing
administrative review of this company. Department intends to hold the hearing duties in the amount shown above for
For additional information regarding at the U.S. Department of Commerce, Dongyuan, on shipments of subject
this determination, see the Preliminary 14th Street and Constitution Avenue merchandise entered, or withdrawn
Decision Memorandum. NW., Washington, DC 20230, on a date from warehouse, for consumption on or
Preliminary Results of the Review and at a time and location to be after the date of publication of the final
determined. Parties should confirm by results of this review. For all non-
In accordance with 19 CFR telephone the date, time, and location of
351.221(b)(4)(i), we calculated an reviewed firms, we will instruct CBP to
the hearing two days before the continue to collect cash deposits at the
individual subsidy rate for Dongyuan scheduled date.
for the period August 6, 2012, through most-recent company-specific or all-
December 31, 2013. We calculated a rate All submissions, with limited others rate applicable to the company,
for 2012, which will be applicable to exceptions, must be filed electronically as appropriate. These cash deposit
entries made during the period August using ACCESS.10 An electronically filed requirements, when imposed, shall
6, 2012, through December 31, 2012, documents must be received remain in effect until further notice.
and a rate for 2013, which will be successfully in their entirety by the These preliminary results are issued
applicable to entries during the period Department’s electronic records system, and published in accordance with
January 1, 2013, through December 31, ACCESS, by 5 p.m. Eastern Time (ET) sections 751(a)(1) and 777(i) of the Act
2013. We preliminarily find that the net on the due date. Documents excepted and 19 CFR 351.213 and 351.221(b)(4).
subsidy rates for Dongyuan are as from the electronic submission
Dated: April 30, 2015.
follows: requirements must be filed manually
Paul Piquado,
(i.e. in paper form) with the APO/
Dockets Unit in Room 18022 and Assistant Secretary for Enforcement and
Subsidy Subsidy Compliance.
Company rate rate stamped with the date and time of
(percent) (percent) receipt by 5 p.m. ET on the due date.11 Appendix I—List of Topics Discussed in
2013 2012
Unless the deadline is extended the Preliminary Decision Memorandum
Guangdong pursuant to section 751(a)(3)(A) of the 1. Summary
Dongyuan Kitch- Act, the Department will issue the final 2. Background
enware Industrial results of this administrative review, 3. Scope of the Order
Co., Ltd ............. 9.83 3.91 including our analysis of and responses 4. Partial Rescission of the Administrative
to issues raised by the parties in their Review
Disclosure and Public Comment comments, within 120 days after issuing 5. Intent to Rescind, in Part, the
these preliminary results. Administrative Review
The Department intends to disclose 6. Use of Facts Otherwise Available and
calculations performed for these Assessment Rates Adverse Inferences
preliminary results to the parties within 7. Subsidy Valuation Information
five days of the date of publication of In accordance with 19 CFR 8. Analysis of Programs
this notice.5 Interested parties may 351.221(b)(4)(i), we assigned a subsidy 9. Recommendation
submit case briefs no later than 30 days rate for the producer/exporter subject to
Appendix II—Companies for Which the
after the day on which these this administrative review. Upon
Review Is Rescinded
preliminary results are published in the issuance of the final results, the
Federal Register.6 Rebuttal briefs, Department shall determine, and CBP 1. Foshan Zhaoshun Trade Co., Ltd.
which must be limited to issues raised shall assess, countervailing duties on all 2. Zhongshan Superte Kitchenware Co.,
in case briefs, may be submitted by no appropriate entries covered by this Ltd.
later than five days after the deadline for review. We intend to issue instructions 3. Zhongshan Silk Imp. & Exp. Group Co.,
Ltd. of Guangdong
case briefs.7 Parties who submit case to CBP 15 days after publication of the 4. Zhongshan Newecan Enterprise
briefs or rebuttal briefs in this final results of this review. Development Corporation Limited
proceeding should submit with each For the rescinded companies, [FR Doc. 2015–11088 Filed 5–6–15; 8:45 am]
argument: (1) A statement of the issue; countervailing duties shall be assessed BILLING CODE 3510–DS–P
(2) a brief summary of the argument; at rates equal to the cash deposit of
and (3) a table of authorities.8 The estimated countervailing duties required
summary of the argument should be at the time of entry, or withdrawal from DEPARTMENT OF COMMERCE
limited to five pages total, including warehouse, for consumption, during the
footnotes. period August 6, 2012, through International Trade Administration
Interested parties who wish to request December 31, 2013, in accordance with
a hearing, or to participate if one is 19 CFR 351.212(c)(1)(i). The Department [A–570–983]
requested, must submit a written intends to issue appropriate assessment
request to the Assistant Secretary for instructions directly to CBP 15 days Drawn Stainless Steel Sinks From the
mstockstill on DSK4VPTVN1PROD with NOTICES
Enforcement and Compliance, U.S. after publication of this notice. People’s Republic of China:
Department of Commerce within 30 Preliminary Results of the
days after the date of publication of this Antidumping Duty Administrative
9 See 19 CFR 351.310(c).
10 See generally 19 CFR 351.303. Review; 2012–2014
5 See 19 CFR 351.224(b). 11 See Antidumping and Countervailing Duty
6 See 19 CFR 351.309(c)(1)(ii).
proceedings: Electronic Filing Procedures;
AGENCY: Enforcement and Compliance,
7 See 19 CFR 351.309(d).
Administrative Protective Order Procedure, 76 FR International Trade Administration,
8 See 19 CFR 351.309(c)(2) and (d)(2). 39263 (July 6, 2011). Department of Commerce.
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Document Created: 2015-12-16 07:49:58
Document Modified: 2015-12-16 07:49:58
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Contact | Jennifer Meek or Joshua Morris, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 2778 and (202) 482-1779, respectively. | |
| FR Citation | 80 FR 26226 |
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