80_FR_69861 80 FR 69644 - Drawn Stainless Steel Sinks From the People's Republic of China: Final Results of the Antidumping Duty Administrative Review; 2012-2014

80 FR 69644 - Drawn Stainless Steel Sinks From the People's Republic of China: Final Results of the Antidumping Duty Administrative Review; 2012-2014

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 217 (November 10, 2015)

Page Range69644-69646
FR Document2015-28644

On May 7, 2015, the Department of Commerce (Department) published the preliminary results of the administrative review of the antidumping duty (AD) order on drawn stainless steel sinks (drawn sinks) from the People's Republic of China (PRC).\1\ The review covers seven producers/exporters of the subject merchandise, including the following mandatory respondents: Guangdong Dongyuan Kitchenware Industrial Co., Ltd. (Dongyuan) and Guangdong Yingao Kitchen Utensils Co., Ltd. (Yingao). The period of review (POR) is October 4, 2012, through March 31, 2014. We provided interested parties an opportunity to comment on the Preliminary Results. After reviewing the comments received and making corrections to the margin calculations, where appropriate, we continue to find that Dongyuan and Yingao both made sales of subject merchandise to the United States at prices below normal value (NV) during the POR. The final dumping margins are listed below in the section entitled ``Final Results of the Review.'' ---------------------------------------------------------------------------

Federal Register, Volume 80 Issue 217 (Tuesday, November 10, 2015)
[Federal Register Volume 80, Number 217 (Tuesday, November 10, 2015)]
[Notices]
[Pages 69644-69646]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28644]


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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 the Antidumping Duty Administrative Review; 2012-2014

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On May 7, 2015, the Department of Commerce (Department) 
published the preliminary results of the administrative review of the 
antidumping duty (AD) order on drawn stainless steel sinks (drawn 
sinks) from the People's Republic of China (PRC).\1\ The review covers 
seven producers/exporters of the subject merchandise, including the 
following mandatory respondents: Guangdong Dongyuan Kitchenware 
Industrial Co., Ltd. (Dongyuan) and Guangdong Yingao Kitchen Utensils 
Co., Ltd. (Yingao). The period of review (POR) is October 4, 2012, 
through March 31, 2014. We provided interested parties an opportunity 
to comment on the Preliminary Results. After reviewing the comments 
received and making corrections to the margin calculations, where 
appropriate, we continue to find that Dongyuan and Yingao both made 
sales of subject merchandise to the United States at prices below 
normal value (NV) during the POR. The final dumping margins are listed 
below in the section entitled ``Final Results of the Review.''
---------------------------------------------------------------------------

    \1\ See Drawn Stainless Steel Sinks from the People's Republic 
of China: Preliminary Results of Antidumping Duty Administrative 
Review, 80 FR 26227 (May 7, 2015) (Preliminary Results).

---------------------------------------------------------------------------
DATES: Effective date: November 10, 2015.

FOR FURTHER INFORMATION CONTACT: Brian C. Smith or Reza Karamloo, 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) 482-1766 and (202) 
482-4470, respectively.

SUPPLEMENTARY INFORMATION:

Background

    For a description of events that have occurred since the 
publication of the Preliminary Results, see the Issues and Decision 
Memorandum.\2\ The Issues and Decision Memorandum is a public document 
and is on file electronically via Enforcement and Compliance's AD and 
Countervailing Duty (CVD) Centralized Electronic Service System 
(ACCESS). ACCESS is available to registered users at http://access.trade.gov and in the Central Records Unit, Room B8024 of the 
main Department of Commerce building. In addition, a complete version 
of the Issues and Decision Memorandum can be accessed directly at 
http://enforcement.trade.gov/frn/index.html. The signed Issues and 
Decision Memorandum and the electronic version of the Issues and 
Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \2\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
``Drawn Stainless Steel Sinks from the People's Republic of China: 
Issues and Decision Memorandum for the Final Results of the 
Antidumping Duty Administrative Review; 2012-2014,'' dated 
concurrently with and hereby adopted by this notice (Issues and 
Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the order include drawn stainless steel 
sinks. 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\
---------------------------------------------------------------------------

    \3\ For a complete description of the Scope of the Order, see 
Issues and Decision Memorandum.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are addressed in 
the

[[Page 69645]]

Issues and Decision Memorandum. A list of the issues which parties 
raised and to which we respond in the Issues and Decision Memorandum is 
attached to this notice as Appendix I.

Changes Since the Preliminary Results

    Based on our review of the record and comments received from 
interested parties regarding our Preliminary Results, we made certain 
revisions to the margin calculations for Dongyuan, Yingao, and the 
separate rate respondents.\4\
---------------------------------------------------------------------------

    \4\ For further explanation regarding these changes, see Issues 
and Decision Memorandum.
---------------------------------------------------------------------------

Separate Rate Respondents

    In the Preliminary Results, we determined that the mandatory 
respondents, Dongyuan and Yingao, and the following separate rate 
applicant companies satisfied the criteria for separate rate status: 
Foshan Zhaoshun Trade Co., Ltd.; Guangdong New Shichu Import & Export 
Company Limited; Yuyao Afa Kitchenware Co., Ltd.; Zhongshan Newecan 
Enterprise Development Corporation Limited; and Zhongshan Superte 
Kitchenware Co., Ltd.\5\ We received no comments or arguments since the 
issuance of the Preliminary Results that provide a basis for 
reconsideration of our decision with respect to these companies. 
Therefore, the Department continues to find that the companies listed 
above meet the criteria for a separate rate.
---------------------------------------------------------------------------

    \5\ See Preliminary Results, 80 FR 26228; see also Memorandum to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
from Christian Marsh, Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, ``Decision Memorandum for 
Preliminary Results of the Antidumping Duty Administrative Review: 
Drawn Stainless Steel Sinks from the People's Republic of China'' 
(April 30, 2015) (Preliminary Decision Memorandum), at 6-9.
---------------------------------------------------------------------------

Rate for Non-Examined Separate Rate Respondents

    In the Preliminary Results, we assigned an average of the weighted-
average dumping margins assigned to Dongyuan and Yingao to the non-
individually examined companies that are eligible for a separate rate 
(i.e., the separate rate applicant companies). No parties commented on 
the methodology for calculating this separate rate. Therefore, in these 
final results of the review, we continue to use an average of the 
weighted-average dumping margins assigned to Dongyuan and Yingao,\6\ 
which is 4.29 percent, as the rate for those companies which were not 
examined and which are eligible for a separate rate. The separate rate 
applicant companies receiving this rate are identified by name and 
listed below in the section entitled ``Final Results of the Review.''
---------------------------------------------------------------------------

    \6\ See Memorandum to the File from Brian Smith, Team Leader, 
``Drawn Stainless Steel Sinks from the People's Republic of China: 
Calculation of the Final Margin for Separate Rate Companies,'' dated 
concurrently with this memorandum (Final Results Separate Rate 
Calculation Memorandum).
---------------------------------------------------------------------------

Final Results of the Review

    In the Preliminary Results, the Department found that Feidong 
Import & Export Co., Ltd.; Shunde Native Produce Import & Export Co, 
Ltd. of Guangdong; and Zhongshan Silk Import & Export Group Co., Ltd. 
of Guangdong were not eligible for a separate rate, and therefore, were 
part of the PRC-wide entity.\7\ Because the status of these companies 
has not changed since the Preliminary Results, we continue to find that 
they are ineligible for a separate rate and part of the PRC-wide 
entity. Because no party requested a review of the PRC-wide entity and 
the Department no longer considers the PRC-wide entity as an exporter 
conditionally subject to administrative reviews,\8\ we did not conduct 
a review of the PRC-wide entity. Thus, the rate for the PRC-wide entity 
is not subject to change as a result of this review.
---------------------------------------------------------------------------

    \7\ See Preliminary Decision Memorandum, at 10-12.
    \8\ 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, 65969-70 (November 
4, 2013).
---------------------------------------------------------------------------

    For companies subject to this review, which established their 
eligibility for a separate rate, the Department finds that the 
following weighted-average dumping margins exist for the period October 
4, 2012, through March 31, 2014:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporters                             dumping
                                                              margin \9\
                                                               (percent)
------------------------------------------------------------------------
Foshan Zhaoshun Trade Co., Ltd..............................        4.29
Guangdong Dongyuan Kitchenware Industrial Co., Ltd..........        2.82
Guangdong New Shichu Import & Export Company Limited........        4.29
Guangdong Yingao Kitchen Utensils Co., Ltd..................        8.06
Yuyao Afa Kitchenware Co., Ltd..............................        4.29
Zhongshan Newecan Enterprise Development Corporation Limited        4.29
Zhongshan Superte Kitchenware Co., Ltd......................        4.29
------------------------------------------------------------------------

Assessment Rates
---------------------------------------------------------------------------

    \9\ These rates have been adjusted for the estimated domestic 
subsidy pass-through.
---------------------------------------------------------------------------

    Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.212(b), the Department 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. The Department intends to issue 
appropriate assessment instructions directly to CBP 15 days after 
publication of the final results of this administrative review.
    For each individually examined respondent in this review (i.e., 
Dongyuan and Yingao) which has a weighted-average dumping margin which 
is not zero or de minimis (i.e., less than 0.5 percent), we will 
calculate 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).\10\ Where either the respondent's weighted-average 
dumping margin is zero or de minimis, or an importer-(or customer-) 
specific assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
---------------------------------------------------------------------------

    \10\ In these final results, the Department continues to apply 
the assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
---------------------------------------------------------------------------

    For the respondents which were not selected for individual 
examination in this administrative review and which qualified for a 
separate rate, the assessment rate is equal to the average of the 
weighted-average dumping margins assigned to Dongyuan and Yingao, or 
4.29 percent.
    For the companies identified above as part of the PRC-wide entity, 
we will instruct CBP to apply an ad valorem assessment rate of 76.45 
\11\ percent to all entries of subject merchandise during

[[Page 69646]]

the POR which were produced and/or exported by those companies.
---------------------------------------------------------------------------

    \11\ The PRC-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, 21594 (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 the PRC-wide entity. See 
explanation in Drawn Stainless Steel Sinks From the People's 
Republic of China: Investigation, Final Determination, 78 FR 13019, 
13025 (February 26, 2013).
---------------------------------------------------------------------------

    The Department has refined its assessment practice in NME cases. 
Pursuant to this refinement in practice, for entries that were not 
reported in the U.S. sales databases submitted by companies 
individually examined during this review, the Department will instruct 
CBP to liquidate such entries at the PRC-wide rate. In addition, if the 
Department determines that an exporter under review had no shipments of 
the subject merchandise, any suspended entries that entered under that 
exporter's case number (i.e., at that exporter's rate) will be 
liquidated at the PRC-wide rate.\12\
---------------------------------------------------------------------------

    \12\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011) (NME Antidumping Proceedings).
---------------------------------------------------------------------------

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 the PRC 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 companies 
listed above that have 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 PRC and non-PRC exporters that received a separate rate in a 
prior segment of this proceeding, the cash deposit rate will continue 
to be the existing exporter-specific rate; (3) for all PRC 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 the PRC-wide 
entity, which is 76.45 percent; and (4) for all non-PRC exporters of 
subject merchandise which have not received their own rate, the cash 
deposit rate will be the rate applicable to the PRC exporter(s) that 
supplied that non-PRC exporter. These deposit requirements, when 
imposed, shall remain in effect until further notice.

Disclosure

    The Department intends to disclose to the parties the calculations 
performed for these final results within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b).

Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping and/or countervailing duties prior to 
liquidation of the relevant entries during this POR. Failure to comply 
with this requirement could result in the Department's presumption that 
reimbursement of antidumping and/or countervailing duties occurred and 
the subsequent assessment of doubled antidumping duties.

Notification Regarding Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return or 
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 violation which is subject to sanction.
    This notice is published in accordance with sections 751(a)(l) and 
777(i)(l) of the Act.

    Dated: November 2, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Margin Calculations
V. Discussion of the Issues
    Comment 1. Eligibility of Respondents for a ``Double Remedy'' 
Pass-Through Adjustment
    Comment 2. Subsidy Rates Used as the Basis for the ``Double 
Remedy'' Pass-Through Adjustment
    Comment 3. Use of Bloomberg Data
    Comment 4. Statutory Authority To Consider an Alternative 
Comparison Method
    Comment 5. Notice and Comment Process Necessary for New 
Differential Pricing Analysis
    Comment 6. Differential Pricing Analysis
    Comment 7. Zeroing
    Comment 8. Definition of Purchaser and Region in the Cohen's d 
Test
    Comment 9. Surrogate Financial Ratios
    Comment 10. Stainless Steel Surrogate Value
    Comment 11. Treatment of Labor Expenses in the Financial Ratios 
and Adjustment To Labor Surrogate Value
    Comment 12. Calculation of the Labor Surrogate Value
    Comment 13. Truck Freight Surrogate Value
    Comment 14. Inclusion of Letter of Credit Costs in the Brokerage 
and Handling Surrogate Value
    Comment 15. Weight Adjustment Made to the Brokerage and Handling 
and Truck Surrogate Values
    Comment 16. Wooden Box Factor Calculation for Yingao
    Comment 17. Packing Material Consumption Weights for Yingao
    Comment 18. Dongyuan Reported Gross Weights
    Comment 19. Separate Rate Eligibility for Feidong
VI. Recommendation

[FR Doc. 2015-28644 Filed 11-9-15; 8:45 am]
 BILLING CODE 3510-DS-P



                                                    69644                            Federal Register / Vol. 80, No. 217 / Tuesday, November 10, 2015 / Notices

                                                    Operations, Enforcement and                                          SUPPLEMENTARY INFORMATION:    On                                            inadvertent errors in the chart
                                                    Compliance, International Trade                                      October 15, 2015, the Department of                                         containing the weighted-average
                                                    Administration, U.S. Department of                                   Commerce (the Department) published                                         margins. Specifically, certain exporter
                                                    Commerce, 14th Street and Constitution                               the preliminary affirmative less than fair                                  names were matched with the incorrect
                                                    Avenue NW., Washington, DC 20230;                                    value determination on certain                                              producer names. The chart below
                                                    telephone: (202) 482–1131.                                           polyethylene terephthalate resin from                                       contains the correct combinations of
                                                                                                                         the People’s Republic of China.1 The                                        names:
                                                                                                                         Preliminary Determination contained

                                                                                                                                                                                                                                                        Weighted-
                                                                                                                                                                                                                                                         average
                                                                                          Exporter                                                                                         Producer                                                       margin
                                                                                                                                                                                                                                                        (percent)

                                                    Far Eastern Industries (Shanghai) Ltd. or Oriental Industries                               Far Eastern Industries (Shanghai) Ltd. or Oriental Industries                                                125.12
                                                       (Suzhou) Limited.                                                                            (Suzhou) Limited.
                                                    Jiangyin Xingyu New Material Co., Ltd. or Jiangsu Xingye                                    Jiangyin Xingyu New Material Co., Ltd. or Jiangsu Xingye                                                     131.16
                                                       Plastic Co., Ltd. or Jiangyin Xingjia Plastic Co., Ltd. or                                   Plastic Co., Ltd. or Jiangyin Xingjia Plastic Co., Ltd. or
                                                       Jiangyin Xingtai New Material Co., Ltd. or Jiangsu Xingye                                    Jiangyin Xingtai New Material Co., Ltd. or Jiangsu Xingye
                                                       Polytech Co., Ltd.                                                                           Polytech Co., Ltd.
                                                    Dragon Special Resin (XIAMEN) Co., Ltd ..................................                   Dragon Special Resin (XIAMEN) Co., Ltd .................................                                     129.42
                                                    Hainan Yisheng Petrochemical Co., Ltd .....................................                 Hainan Yisheng Petrochemical Co., Ltd ....................................                                   129.42
                                                    Shanghai Hengyi Polyester Fiber Co., Ltd .................................                  Shanghai Hengyi Polyester Fiber Co., Ltd ................................                                    129.42
                                                    Zhejiang Wankai New Materials Co., Ltd ...................................                  Zhejiang Wankai New Materials Co., Ltd ..................................                                    129.42
                                                    PRC-Wide Entity .........................................................................    ....................................................................................................        145.94



                                                      This correction to the Preliminary                                 Kitchenware Industrial Co., Ltd.                                            Decision Memorandum.2 The Issues and
                                                    Determination is issued and published                                (Dongyuan) and Guangdong Yingao                                             Decision Memorandum is a public
                                                    in accordance with section 777(i)(1) of                              Kitchen Utensils Co., Ltd. (Yingao). The                                    document and is on file electronically
                                                    the Tariff Act of 1930, as amended.                                  period of review (POR) is October 4,                                        via Enforcement and Compliance’s AD
                                                      Dated: November 4, 2015.                                           2012, through March 31, 2014. We                                            and Countervailing Duty (CVD)
                                                    Paul Piquado,
                                                                                                                         provided interested parties an                                              Centralized Electronic Service System
                                                                                                                         opportunity to comment on the                                               (ACCESS). ACCESS is available to
                                                    Assistant Secretary for Enforcement and
                                                    Compliance.
                                                                                                                         Preliminary Results. After reviewing the                                    registered users at http://
                                                                                                                         comments received and making                                                access.trade.gov and in the Central
                                                    [FR Doc. 2015–28665 Filed 11–9–15; 8:45 am]
                                                                                                                         corrections to the margin calculations,                                     Records Unit, Room B8024 of the main
                                                    BILLING CODE 3510–DS–P
                                                                                                                         where appropriate, we continue to find                                      Department of Commerce building. In
                                                                                                                         that Dongyuan and Yingao both made                                          addition, a complete version of the
                                                    DEPARTMENT OF COMMERCE                                               sales of subject merchandise to the                                         Issues and Decision Memorandum can
                                                                                                                         United States at prices below normal                                        be accessed directly at http://
                                                    International Trade Administration                                   value (NV) during the POR. The final                                        enforcement.trade.gov/frn/index.html.
                                                                                                                         dumping margins are listed below in the                                     The signed Issues and Decision
                                                    [A–570–983]                                                          section entitled ‘‘Final Results of the                                     Memorandum and the electronic
                                                                                                                         Review.’’                                                                   version of the Issues and Decision
                                                    Drawn Stainless Steel Sinks From the
                                                                                                                         DATES: Effective date: November 10,                                         Memorandum are identical in content.
                                                    People’s Republic of China: Final
                                                    Results of the Antidumping Duty                                      2015.                                                                       Scope of the Order
                                                    Administrative Review; 2012–2014                                     FOR FURTHER INFORMATION CONTACT:                                              The products covered by the order
                                                    AGENCY:  Enforcement and Compliance,                                 Brian C. Smith or Reza Karamloo, AD/                                        include drawn stainless steel sinks.
                                                    International Trade Administration,                                  CVD Operations, Office II, Enforcement                                      Imports of subject merchandise are
                                                    Department of Commerce.                                              and Compliance, International Trade                                         currently classified under the
                                                    SUMMARY: On May 7, 2015, the                                         Administration, U.S. Department of                                          Harmonized Tariff Schedule of the
                                                    Department of Commerce (Department)                                  Commerce, 1401 Constitution Avenue                                          United States (HTSUS) subheadings
                                                    published the preliminary results of the                             NW., Washington, DC 20230; telephone:                                       7324.10.0000 and 7324.10.0010.
                                                    administrative review of the                                         (202) 482–1766 and (202) 482–4470,                                          Although the HTSUS subheadings are
                                                    antidumping duty (AD) order on drawn                                 respectively.                                                               provided for convenience and customs
                                                    stainless steel sinks (drawn sinks) from                             SUPPLEMENTARY INFORMATION:                                                  purposes, the written description of the
                                                    the People’s Republic of China (PRC).1                                                                                                           scope of the order is dispositive.3
                                                    The review covers seven producers/                                   Background
                                                                                                                                                                                                     Analysis of Comments Received
                                                    exporters of the subject merchandise,                                  For a description of events that have
                                                    including the following mandatory                                    occurred since the publication of the                                         All issues raised in the case and
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    respondents: Guangdong Dongyuan                                      Preliminary Results, see the Issues and                                     rebuttal briefs are addressed in the
                                                      1 See Certain Polyethylene Terephthalate Resin                     Antidumping Duty Administrative Review, 80 FR                               Republic of China: Issues and Decision
                                                    from the People's Republic of China: Preliminary                     26227 (May 7, 2015) (Preliminary Results).                                  Memorandum for the Final Results of the
                                                    Determination of Sales at Less Than Fair Value and                      2 See Memorandum to Paul Piquado, Assistant                              Antidumping Duty Administrative Review; 2012–
                                                    Postponement of Final Determination, 80 FR 62024                     Secretary for Enforcement and Compliance, from                              2014,’’ dated concurrently with and hereby adopted
                                                    (October 15, 2015) (Preliminary Determination).                      Christian Marsh, Deputy Assistant Secretary for                             by this notice (Issues and Decision Memorandum).
                                                      1 See Drawn Stainless Steel Sinks from the                         Antidumping and Countervailing Duty Operations,                               3 For a complete description of the Scope of the

                                                    People's Republic of China: Preliminary Results of                   ‘‘Drawn Stainless Steel Sinks from the People’s                             Order, see Issues and Decision Memorandum.



                                               VerDate Sep<11>2014       19:41 Nov 09, 2015       Jkt 238001     PO 00000       Frm 00013       Fmt 4703      Sfmt 4703       E:\FR\FM\10NON1.SGM                 10NON1


                                                                               Federal Register / Vol. 80, No. 217 / Tuesday, November 10, 2015 / Notices                                                               69645

                                                    Issues and Decision Memorandum. A                       rate for those companies which were not                          Assessment Rates
                                                    list of the issues which parties raised                 examined and which are eligible for a                              Pursuant to section 751(a)(2)(C) of the
                                                    and to which we respond in the Issues                   separate rate. The separate rate                                 Tariff Act of 1930, as amended (the Act),
                                                    and Decision Memorandum is attached                     applicant companies receiving this rate                          and 19 CFR 351.212(b), the Department
                                                    to this notice as Appendix I.                           are identified by name and listed below                          determined, and U.S. Customs and
                                                    Changes Since the Preliminary Results                   in the section entitled ‘‘Final Results of                       Border Protection (CBP) shall assess,
                                                                                                            the Review.’’                                                    antidumping duties on all appropriate
                                                      Based on our review of the record and
                                                    comments received from interested                       Final Results of the Review                                      entries of subject merchandise in
                                                    parties regarding our Preliminary                                                                                        accordance with the final results of this
                                                    Results, we made certain revisions to                     In the Preliminary Results, the                                review. The Department intends to issue
                                                    the margin calculations for Dongyuan,                   Department found that Feidong Import                             appropriate assessment instructions
                                                    Yingao, and the separate rate                           & Export Co., Ltd.; Shunde Native                                directly to CBP 15 days after publication
                                                    respondents.4                                           Produce Import & Export Co, Ltd. of                              of the final results of this administrative
                                                                                                            Guangdong; and Zhongshan Silk Import                             review.
                                                    Separate Rate Respondents                               & Export Group Co., Ltd. of Guangdong                              For each individually examined
                                                      In the Preliminary Results, we                        were not eligible for a separate rate, and                       respondent in this review (i.e.,
                                                    determined that the mandatory                           therefore, were part of the PRC-wide                             Dongyuan and Yingao) which has a
                                                    respondents, Dongyuan and Yingao, and                                                                                    weighted-average dumping margin
                                                                                                            entity.7 Because the status of these
                                                    the following separate rate applicant                                                                                    which is not zero or de minimis (i.e.,
                                                                                                            companies has not changed since the
                                                    companies satisfied the criteria for                                                                                     less than 0.5 percent), we will calculate
                                                                                                            Preliminary Results, we continue to find
                                                    separate rate status: Foshan Zhaoshun                                                                                    importer- (or customer-) specific per-
                                                                                                            that they are ineligible for a separate                          unit duty assessment rates based on the
                                                    Trade Co., Ltd.; Guangdong New Shichu                   rate and part of the PRC-wide entity.
                                                    Import & Export Company Limited;                                                                                         ratio of the total amount of dumping
                                                                                                            Because no party requested a review of                           calculated for the importer’s (or
                                                    Yuyao Afa Kitchenware Co., Ltd.;
                                                                                                            the PRC-wide entity and the Department                           customer’s) examined sales to the total
                                                    Zhongshan Newecan Enterprise
                                                                                                            no longer considers the PRC-wide entity                          sales quantity associated with those
                                                    Development Corporation Limited; and
                                                    Zhongshan Superte Kitchenware Co.,                      as an exporter conditionally subject to                          sales, in accordance with 19 CFR
                                                    Ltd.5 We received no comments or                        administrative reviews,8 we did not                              351.212(b)(1).10 Where either the
                                                    arguments since the issuance of the                     conduct a review of the PRC-wide                                 respondent’s weighted-average dumping
                                                    Preliminary Results that provide a basis                entity. Thus, the rate for the PRC-wide                          margin is zero or de minimis, or an
                                                    for reconsideration of our decision with                entity is not subject to change as a result                      importer-(or customer-) specific
                                                    respect to these companies. Therefore,                  of this review.                                                  assessment rate is zero or de minimis,
                                                    the Department continues to find that                     For companies subject to this review,                          we will instruct CBP to liquidate the
                                                    the companies listed above meet the                     which established their eligibility for a                        appropriate entries without regard to
                                                    criteria for a separate rate.                           separate rate, the Department finds that                         antidumping duties.
                                                                                                            the following weighted-average                                     For the respondents which were not
                                                    Rate for Non-Examined Separate Rate                                                                                      selected for individual examination in
                                                    Respondents                                             dumping margins exist for the period
                                                                                                                                                                             this administrative review and which
                                                                                                            October 4, 2012, through March 31,
                                                      In the Preliminary Results, we                                                                                         qualified for a separate rate, the
                                                                                                            2014:
                                                    assigned an average of the weighted-                                                                                     assessment rate is equal to the average
                                                    average dumping margins assigned to                                                                                      of the weighted-average dumping
                                                                                                                                                                Weighted-
                                                    Dongyuan and Yingao to the non-                                                                              average     margins assigned to Dongyuan and
                                                    individually examined companies that                                     Exporters                          dumping      Yingao, or 4.29 percent.
                                                    are eligible for a separate rate (i.e., the                                                                  margin 9      For the companies identified above as
                                                    separate rate applicant companies). No                                                                      (percent)    part of the PRC-wide entity, we will
                                                    parties commented on the methodology                                                                                     instruct CBP to apply an ad valorem
                                                                                                            Foshan Zhaoshun Trade Co.,
                                                    for calculating this separate rate.                       Ltd ...........................................         4.29
                                                                                                                                                                             assessment rate of 76.45 11 percent to all
                                                    Therefore, in these final results of the                Guangdong Dongyuan Kitchen-
                                                                                                                                                                             entries of subject merchandise during
                                                    review, we continue to use an average                     ware Industrial Co., Ltd ...........                    2.82
                                                    of the weighted-average dumping                         Guangdong New Shichu Import
                                                                                                                                                                               9 These rates have been adjusted for the estimated

                                                    margins assigned to Dongyuan and                                                                                         domestic subsidy pass-through.
                                                                                                              & Export Company Limited .....                          4.29     10 In these final results, the Department continues
                                                    Yingao,6 which is 4.29 percent, as the                  Guangdong Yingao Kitchen                                         to apply the assessment rate calculation method
                                                                                                              Utensils Co., Ltd .....................                 8.06   adopted in Antidumping Proceedings: Calculation
                                                      4 For further explanation regarding these changes,    Yuyao Afa Kitchenware Co., Ltd                            4.29   of the Weighted-Average Dumping Margin and
                                                    see Issues and Decision Memorandum.                     Zhongshan Newecan Enterprise                                     Assessment Rate in Certain Antidumping
                                                      5 See Preliminary Results, 80 FR 26228; see also                                                                       Proceedings: Final Modification, 77 FR 8101
                                                                                                              Development Corporation Lim-
                                                    Memorandum to Paul Piquado, Assistant Secretary           ited ..........................................         4.29   (February 14, 2012).
                                                    for Enforcement and Compliance, from Christian                                                                             11 The PRC-wide rate determined in the
                                                    Marsh, Deputy Assistant Secretary for Antidumping       Zhongshan Superte Kitchenware                                    investigation was 76.53 percent. See Drawn
                                                    and Countervailing Duty Operations, ‘‘Decision            Co., Ltd ...................................            4.29   Stainless Steel Sinks from the People's Republic of
                                                    Memorandum for Preliminary Results of the
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                                                                                             China: Amended Final Determination of Sales at
                                                    Antidumping Duty Administrative Review: Drawn                                                                            Less Than Fair Value and Antidumping Duty Order,
                                                    Stainless Steel Sinks from the People’s Republic of       7 See   Preliminary Decision Memorandum, at 10–                78 FR 21592, 21594 (April 11, 2013). This rate was
                                                    China’’ (April 30, 2015) (Preliminary Decision          12.                                                              adjusted for export subsidies and estimated
                                                    Memorandum), at 6–9.                                      8 See Antidumping Proceedings: Announcement                    domestic subsidy pass through to determine the
                                                      6 See Memorandum to the File from Brian Smith,                                                                         cash deposit rate (76.45 percent) collected for
                                                    Team Leader, ‘‘Drawn Stainless Steel Sinks from         of Change in Department Practice for Respondent                  companies in the PRC-wide entity. See explanation
                                                    the People’s Republic of China: Calculation of the      Selection in Antidumping Duty Proceedings and                    in Drawn Stainless Steel Sinks From the People's
                                                    Final Margin for Separate Rate Companies,’’ dated       Conditional Review of the Nonmarket Economy                      Republic of China: Investigation, Final
                                                    concurrently with this memorandum (Final Results        Entity in NME Antidumping Duty Proceedings, 78                   Determination, 78 FR 13019, 13025 (February 26,
                                                    Separate Rate Calculation Memorandum).                  FR 65963, 65969–70 (November 4, 2013).                           2013).



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                                                    69646                       Federal Register / Vol. 80, No. 217 / Tuesday, November 10, 2015 / Notices

                                                    the POR which were produced and/or                       Notification to Importers                               Comment 11. Treatment of Labor Expenses
                                                    exported by those companies.                                                                                        in the Financial Ratios and Adjustment
                                                                                                                This notice also serves as a final                      To Labor Surrogate Value
                                                      The Department has refined its                         reminder to importers of their                          Comment 12. Calculation of the Labor
                                                    assessment practice in NME cases.                        responsibility under 19 CFR 351.402(f)                     Surrogate Value
                                                    Pursuant to this refinement in practice,                 to file a certificate regarding the                     Comment 13. Truck Freight Surrogate
                                                    for entries that were not reported in the                reimbursement of antidumping and/or                        Value
                                                    U.S. sales databases submitted by                                                                                Comment 14. Inclusion of Letter of Credit
                                                                                                             countervailing duties prior to                             Costs in the Brokerage and Handling
                                                    companies individually examined                          liquidation of the relevant entries
                                                    during this review, the Department will                                                                             Surrogate Value
                                                                                                             during this POR. Failure to comply with                 Comment 15. Weight Adjustment Made to
                                                    instruct CBP to liquidate such entries at                this requirement could result in the                       the Brokerage and Handling and Truck
                                                    the PRC-wide rate. In addition, if the                   Department’s presumption that                              Surrogate Values
                                                    Department determines that an exporter                   reimbursement of antidumping and/or                     Comment 16. Wooden Box Factor
                                                    under review had no shipments of the                     countervailing duties occurred and the                     Calculation for Yingao
                                                    subject merchandise, any suspended                       subsequent assessment of doubled                        Comment 17. Packing Material
                                                    entries that entered under that                          antidumping duties.                                        Consumption Weights for Yingao
                                                    exporter’s case number (i.e., at that                                                                            Comment 18. Dongyuan Reported Gross
                                                    exporter’s rate) will be liquidated at the               Notification Regarding Administrative                      Weights
                                                    PRC-wide rate.12                                         Protective Order                                        Comment 19. Separate Rate Eligibility for
                                                                                                                                                                        Feidong
                                                    Cash Deposit Requirements                                  This notice also serves as a reminder               VI. Recommendation
                                                                                                             to parties subject to administrative                  [FR Doc. 2015–28644 Filed 11–9–15; 8:45 am]
                                                       The following cash deposit                            protective order (APO) of their                       BILLING CODE 3510–DS–P
                                                    requirements will be effective upon                      responsibility concerning the return or
                                                    publication of the final results of this                 destruction of proprietary information
                                                    administrative review for all shipments                  disclosed under APO in accordance
                                                    of the subject merchandise from the PRC                                                                        BUREAU OF CONSUMER FINANCIAL
                                                                                                             with 19 CFR 351.305(a)(3), which                      PROTECTION
                                                    entered, or withdrawn from warehouse,                    continues to govern business
                                                    for consumption on or after the                          proprietary information in this segment               [Docket No: CFPB–2015–0047]
                                                    publication date, as provided for by                     of the proceeding. Timely written
                                                    section 751(a)(2)(C) of the Act: (1) For                                                                       Agency Information Collection
                                                                                                             notification of the return or destruction
                                                    the companies listed above that have a                                                                         Activities: Comment Request
                                                                                                             of APO materials, or conversion to
                                                    separate rate, the cash deposit rate will                judicial protective order, is hereby                  AGENCY:  Bureau of Consumer Financial
                                                    be that rate established in the final                    requested. Failure to comply with the                 Protection.
                                                    results of this review (except, if the rate              regulations and terms of an APO is a                  ACTION: Notice and request for comment.
                                                    is zero or de minimis, then a cash                       violation which is subject to sanction.
                                                    deposit rate of zero will be established                                                                       SUMMARY:   In accordance with the
                                                    for that company); (2) for previously                      This notice is published in
                                                                                                             accordance with sections 751(a)(l) and                Paperwork Reduction Act of 1995
                                                    investigated or reviewed PRC and non-                                                                          (PRA), the Consumer Financial
                                                    PRC exporters that received a separate                   777(i)(l) of the Act.
                                                                                                                                                                   Protection Bureau (Bureau) is requesting
                                                    rate in a prior segment of this                            Dated: November 2, 2015.                            to renew the Office of Management and
                                                    proceeding, the cash deposit rate will                   Paul Piquado,                                         Budget (OMB) approval for an existing
                                                    continue to be the existing exporter-                    Assistant Secretary for Enforcement and               information collection, and to revise an
                                                    specific rate; (3) for all PRC exporters of              Compliance.                                           existing information collection, titled,
                                                    subject merchandise that have not been                                                                         ‘‘Home Mortgage Disclosure (Regulation
                                                    found to be entitled to a separate rate,                 Appendix I—List of Topics Discussed in
                                                                                                             the Issues and Decision Memorandum                    C) 12 CFR 1003.’’
                                                    the cash deposit rate will be the rate for
                                                                                                                                                                   DATES: Written comments are
                                                    the PRC-wide entity, which is 76.45                      I. Summary
                                                                                                             II. Background
                                                                                                                                                                   encouraged and must be received on or
                                                    percent; and (4) for all non-PRC
                                                                                                             III. Scope of the Order                               before January 11, 2016 to be assured of
                                                    exporters of subject merchandise which
                                                                                                             IV. Margin Calculations                               consideration.
                                                    have not received their own rate, the
                                                    cash deposit rate will be the rate                       V. Discussion of the Issues                           ADDRESSES: You may submit comments,
                                                                                                                Comment 1. Eligibility of Respondents for          identified by the title of the information
                                                    applicable to the PRC exporter(s) that                         a ‘‘Double Remedy’’ Pass-Through
                                                    supplied that non-PRC exporter. These                                                                          collection, OMB Control Number (see
                                                                                                                   Adjustment                                      below), and docket number (see above),
                                                    deposit requirements, when imposed,                         Comment 2. Subsidy Rates Used as the
                                                    shall remain in effect until further                           Basis for the ‘‘Double Remedy’’ Pass-
                                                                                                                                                                   by any of the following methods:
                                                    notice.                                                        Through Adjustment                                 • Electronic: http://
                                                                                                                Comment 3. Use of Bloomberg Data                   www.regulations.gov. Follow the
                                                    Disclosure                                                  Comment 4. Statutory Authority To                  instructions for submitting comments.
                                                                                                                   Consider an Alternative Comparison                 • Mail: Consumer Financial
                                                      The Department intends to disclose to                        Method                                          Protection Bureau (Attention: PRA
                                                    the parties the calculations performed                      Comment 5. Notice and Comment Process              Office), 1700 G Street NW., Washington,
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    for these final results within five days                       Necessary for New Differential Pricing          DC 20552.
                                                    of the date of publication of this notice                      Analysis                                           • Hand Delivery/Courier: Consumer
                                                    in accordance with 19 CFR 351.224(b).                       Comment 6. Differential Pricing Analysis
                                                                                                                                                                   Financial Protection Bureau (Attention:
                                                                                                                Comment 7. Zeroing
                                                                                                                Comment 8. Definition of Purchaser and             PRA Office), 1275 First Street NE.,
                                                      12 For a full discussion of this practice, see Non-
                                                                                                                   Region in the Cohen’s d Test                    Washington, DC 20002.
                                                    Market Economy Antidumping Proceedings:
                                                    Assessment of Antidumping Duties, 76 FR 65694               Comment 9. Surrogate Financial Ratios                 Please note that comments submitted
                                                    (October 24, 2011) (NME Antidumping                         Comment 10. Stainless Steel Surrogate              after the comment period will not be
                                                    Proceedings).                                                  Value                                           accepted. In general, all comments


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Document Created: 2018-03-01 11:25:20
Document Modified: 2018-03-01 11:25:20
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective date: November 10, 2015.
ContactBrian C. Smith or Reza Karamloo, 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) 482-1766 and (202) 482-4470, respectively.
FR Citation80 FR 69644 

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