83 FR 34544 - Drawn Stainless Steel Sinks From the People's Republic of China: Final Results of the Expedited First Sunset Review of the Antidumping Duty Order
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 140 (July 20, 2018)
International Trade Administration
Federal Register Volume 83, Issue 140 (July 20, 2018)
| Page Range | 34544-34545 | |
| FR Document | 2018-15569 |
[Federal Register Volume 83, Number 140 (Friday, July 20, 2018)] [Notices] [Pages 34544-34545] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-15569] [[Page 34544]] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-983] Drawn Stainless Steel Sinks From the People's Republic of China: Final Results of the Expedited First Sunset Review of the Antidumping Duty Order AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of this sunset review, the Department of Commerce (Commerce) finds that revocation of the antidumping duty order would be likely to lead to the continuation or recurrence of dumping at the levels indicated in the ``Final Results of Review'' section of this notice. DATES: Applicable July 20, 2018. FOR FURTHER INFORMATION CONTACT: Joshua Tucker, 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) 482-2044. SUPPLEMENTARY INFORMATION: Background On April 11, 2013, Commerce published its antidumping duty order on drawn stainless steel sinks from China.\1\ On March 5, 2018, Commerce published the notice of initiation of the first sunset review of the antidumping duty order on drawn stainless steel sinks from China pursuant to section 751(c) of the Act.\2\ On March 16, 2018, Commerce received a notice of intent to participate from Elkay Manufacturing Company (Elkay), a domestic interested party, within the deadline specified in 19 CFR 351.218(d)(1)(i).\3\ Elkay claimed interested party status under section 771(9)(C) of the Act as a producer of drawn stainless steel sinks in the United States. --------------------------------------------------------------------------- \1\ See Drawn Stainless Steel Sinks from the People's Republic of China: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 78 FR 21592 (April 11, 2013) (Order). \2\ See Initiation of Five-Year (Sunset) Reviews, 83 FR 9279 (March 5, 2018). \3\ See Letter from Elkay ``First Five-Year (`Sunset') Review of Antidumping Duty Order on Drawn Stainless Steel Sinks from the People's Republic of China/Elkay Manufacturing Company's Notice of Intent to Participate,'' dated March 16, 2018. --------------------------------------------------------------------------- On April 2, 2018, Commerce received an adequate substantive response to the notice of initiation from Elkay within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).\4\ We received no substantive responses from respondent interested parties with respect to the order covered by this sunset review. --------------------------------------------------------------------------- \4\ See Letter from Elkay ``First Five-Year (`Sunset') Review of The Antidumping Duty Order on Drawn Stainless Steel Sinks from the People's Republic of China/Substantive Response to the Notice Of Initiation,'' dated April 2, 2018. --------------------------------------------------------------------------- On April 10, 2018, Commerce notified the U.S. International Trade Commission (ITC) that it did not receive an adequate substantive response from respondent interested parties.\5\ As a result, pursuant to 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) sunset review of the antidumping duty order on drawn stainless steel sinks from China. --------------------------------------------------------------------------- \5\ See Letter to the ITC re: ``Sunset Reviews Initiated on March 5, 2018,'' dated April 10, 2018. --------------------------------------------------------------------------- Scope of the Order The merchandise covered by the order includes drawn stainless steel 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 stainless steel. Mounting clips, fasteners, seals, and sound-deadening pads are also covered by the scope of this order if they are included within the sales price of the drawn stainless steel sinks.\6\ For purposes of this scope definition, the term ``drawn'' refers to a manufacturing process using metal forming technology to produce a smooth basin with seamless, smooth, and rounded corners. Drawn stainless steel sinks are available in various shapes and configurations and may be described in a number of ways including flush mount, top mount, or undermount (to indicate the attachment relative to the countertop). Stainless steel sinks with multiple drawn bowls that are joined through a welding operation to form one unit are covered by the scope of the order. Drawn stainless steel sinks are covered by the scope of the order whether or not they are sold in conjunction with non-subject accessories such as faucets (whether attached or unattached), strainers, strainer sets, rinsing baskets, bottom grids, or other accessories. --------------------------------------------------------------------------- \6\ Mounting clips, fasteners, seals, and sound-deadening pads are not covered by the scope of this order if they are not included within the sales price of the drawn stainless steel sinks, regardless of whether they are shipped with or entered with drawn stainless steel sinks. --------------------------------------------------------------------------- Excluded from the scope of the order are stainless steel sinks with fabricated bowls. Fabricated bowls do not have seamless corners, but rather are made by notching and bending the stainless steel, and then welding and finishing the vertical corners to form the bowls. Stainless steel sinks with fabricated bowls may sometimes be referred to as ``zero radius'' or ``near zero radius'' 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 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. Analysis of Comments Received All issues raised in this sunset review are addressed in the Issues and Decision Memorandum,\7\ which is hereby adopted by this notice. The issues discussed in the Issues and Decision Memorandum are the likelihood of continuation or recurrence of dumping and the magnitude of the dumping margin likely to prevail if the order were revoked. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and to all 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 on the internet at http://enforcement.trade.gov/frn. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. --------------------------------------------------------------------------- \7\ See Memorandum ``Issues and Decision Memorandum for the Expedited First Sunset Review of the Antidumping Duty Order on Drawn Stainless Steel Sinks from the People's Republic of China,'' dated concurrently with this notice (Issues and Decision Memorandum). --------------------------------------------------------------------------- Final Results of Review Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce determines that revocation of the antidumping duty order on drawn stainless steel sinks from China would be likely to lead to the continuation or recurrence of dumping and that the magnitude of the dumping margins likely to prevail would be weighted-average dumping margins up to 76.53 percent.\8\ --------------------------------------------------------------------------- \8\ 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). --------------------------------------------------------------------------- [[Page 34545]] Notification to Interested Parties This notice also serves as the only 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. Timely notification of the return or destruction of APO materials or conversion to judicial protective orders is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. We are issuing and publishing the final results and this notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act and 19 CFR 351.218. Dated: July 2, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2018-15569 Filed 7-19-18; 8:45 am] BILLING CODE 3510-DS-P
![34544 Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices
DEPARTMENT OF COMMERCE substantive responses from respondent ‘‘zero radius’’ or ‘‘near zero radius’’
interested parties with respect to the sinks. The products covered by this
International Trade Administration order covered by this sunset review. order are currently classified in the
[A–570–983] On April 10, 2018, Commerce notified Harmonized Tariff Schedule of the
the U.S. International Trade United States (HTSUS) under statistical
Drawn Stainless Steel Sinks From the Commission (ITC) that it did not receive reporting number 7324.10.0000 and
People’s Republic of China: Final an adequate substantive response from 7324.10.0010. Although the HTSUS
Results of the Expedited First Sunset respondent interested parties.5 As a subheadings are provided for
Review of the Antidumping Duty Order result, pursuant to 751(c)(3)(B) of the convenience and customs purposes, the
Act and 19 CFR 351.218(e)(1)(ii)(C)(2), written description of the scope of the
AGENCY: Enforcement and Compliance, Commerce conducted an expedited order is dispositive.
International Trade Administration, (120-day) sunset review of the
Department of Commerce. Analysis of Comments Received
antidumping duty order on drawn
SUMMARY: As a result of this sunset All issues raised in this sunset review
stainless steel sinks from China.
review, the Department of Commerce are addressed in the Issues and Decision
(Commerce) finds that revocation of the Scope of the Order Memorandum,7 which is hereby
antidumping duty order would be likely The merchandise covered by the order adopted by this notice. The issues
to lead to the continuation or recurrence includes drawn stainless steel sinks discussed in the Issues and Decision
of dumping at the levels indicated in the with single or multiple drawn bowls, Memorandum are the likelihood of
‘‘Final Results of Review’’ section of this with or without drain boards, whether continuation or recurrence of dumping
notice. finished or unfinished, regardless of and the magnitude of the dumping
DATES: Applicable July 20, 2018. type of finish, gauge, or grade of margin likely to prevail if the order were
FOR FURTHER INFORMATION CONTACT: stainless steel. Mounting clips, revoked. The Issues and Decision
Joshua Tucker, AD/CVD Operations, fasteners, seals, and sound-deadening Memorandum is a public document and
Office II, Enforcement and Compliance, pads are also covered by the scope of is on file electronically via Enforcement
International Trade Administration, this order if they are included within and Compliance’s Antidumping and
U.S. Department of Commerce, 1401 the sales price of the drawn stainless Countervailing Duty Centralized
Constitution Avenue NW, Washington, steel sinks.6 For purposes of this scope Electronic Service System (ACCESS).
DC 20230; telephone: (202) 482–2044. definition, the term ‘‘drawn’’ refers to a ACCESS is available to registered users
SUPPLEMENTARY INFORMATION: manufacturing process using metal at http://access.trade.gov, and to all in
forming technology to produce a smooth the Central Records Unit, Room B8024
Background of the main Department of Commerce
basin with seamless, smooth, and
On April 11, 2013, Commerce rounded corners. Drawn stainless steel building. In addition, a complete
published its antidumping duty order sinks are available in various shapes version of the Issues and Decision
on drawn stainless steel sinks from and configurations and may be Memorandum can be accessed directly
China.1 On March 5, 2018, Commerce described in a number of ways on the internet at http://
published the notice of initiation of the including flush mount, top mount, or enforcement.trade.gov/frn. The signed
first sunset review of the antidumping undermount (to indicate the attachment Issues and Decision Memorandum and
duty order on drawn stainless steel relative to the countertop). Stainless the electronic version of the Issues and
sinks from China pursuant to section steel sinks with multiple drawn bowls Decision Memorandum are identical in
751(c) of the Act.2 On March 16, 2018, that are joined through a welding content.
Commerce received a notice of intent to operation to form one unit are covered Final Results of Review
participate from Elkay Manufacturing by the scope of the order. Drawn
Company (Elkay), a domestic interested stainless steel sinks are covered by the Pursuant to sections 751(c)(1) and
party, within the deadline specified in scope of the order whether or not they 752(b) of the Act, Commerce determines
19 CFR 351.218(d)(1)(i).3 Elkay claimed are sold in conjunction with non-subject that revocation of the antidumping duty
interested party status under section accessories such as faucets (whether order on drawn stainless steel sinks
771(9)(C) of the Act as a producer of attached or unattached), strainers, from China would be likely to lead to
drawn stainless steel sinks in the United strainer sets, rinsing baskets, bottom the continuation or recurrence of
States. grids, or other accessories. dumping and that the magnitude of the
On April 2, 2018, Commerce received Excluded from the scope of the order dumping margins likely to prevail
an adequate substantive response to the are stainless steel sinks with fabricated would be weighted-average dumping
notice of initiation from Elkay within bowls. Fabricated bowls do not have margins up to 76.53 percent.8
the 30-day deadline specified in 19 CFR seamless corners, but rather are made by 7 See Memorandum ‘‘Issues and Decision
351.218(d)(3)(i).4 We received no notching and bending the stainless steel, Memorandum for the Expedited First Sunset
and then welding and finishing the Review of the Antidumping Duty Order on Drawn
1 See Drawn Stainless Steel Sinks from the
vertical corners to form the bowls. Stainless Steel Sinks from the People’s Republic of
People’s Republic of China: Amended Final China,’’ dated concurrently with this notice (Issues
Determination of Sales at Less Than Fair Value and Stainless steel sinks with fabricated
and Decision Memorandum).
Antidumping Duty Order, 78 FR 21592 (April 11, bowls may sometimes be referred to as 8 The PRC-wide rate determined in the
2013) (Order).
2 See Initiation of Five-Year (Sunset) Reviews, 83
investigation was 76.53 percent. See Drawn
China/Substantive Response to the Notice Of Stainless Steel Sinks from the People’s Republic of
FR 9279 (March 5, 2018).
daltland on DSKBBV9HB2PROD with NOTICES
Initiation,’’ dated April 2, 2018. China: Amended Final Determination of Sales at
3 See Letter from Elkay ‘‘First Five-Year (‘Sunset’) 5 See Letter to the ITC re: ‘‘Sunset Reviews
Less Than Fair Value and Antidumping Duty Order,
Review of Antidumping Duty Order on Drawn Initiated on March 5, 2018,’’ dated April 10, 2018. 78 FR 21592, 21594 (April 11, 2013). This rate was
Stainless Steel Sinks from the People’s Republic 6 Mounting clips, fasteners, seals, and sound- adjusted for export subsidies and estimated
of China/Elkay Manufacturing Company’s Notice of deadening pads are not covered by the scope of this domestic subsidy pass through to determine the
Intent to Participate,’’ dated March 16, 2018. order if they are not included within the sales price cash deposit rate (76.45 percent) collected for
4 See Letter from Elkay ‘‘First Five-Year (‘Sunset’) of the drawn stainless steel sinks, regardless of companies in the PRC-wide entity. See explanation
Review of The Antidumping Duty Order on Drawn whether they are shipped with or entered with in Drawn Stainless Steel Sinks from the People’s
Stainless Steel Sinks from the People’s Republic of drawn stainless steel sinks. Republic of China: Investigation, Final
VerDate Sep<11>2014 18:06 Jul 19, 2018 Jkt 244001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\20JYN1.SGM 20JYN1](https://thefederalregister.org/doc/83_FR_34684/page/1.svg)
![Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices 34545
Notification to Interested Parties SUPPLEMENTARY INFORMATION: instruction by Commerce, antidumping
This notice also serves as the only Background duties equal to the amount by which the
reminder to parties subject to normal value of the merchandise
In accordance with sections 735(a), exceeds the export price (or constructed
administrative protective order (APO) of 735(d), and 777(i)(1) of the Tariff Act of
their responsibility concerning the export price) of the merchandise, for all
1930, as amended (the Act), and 19 CFR relevant entries of fine denier PSF from
return or destruction of proprietary 351.210(c), on May 30, 2018, Commerce
information disclosed under APO in China, India, Korea, and Taiwan. With
published its affirmative final
accordance with 19 CFR 351.305. the exception of entries occurring after
determinations in the less-than-fair-
Timely notification of the return or value (LTFV) investigations of fine the expiration of the provisional
destruction of APO materials or denier PSF from China, India, Korea and measures period and before publication
conversion to judicial protective orders Taiwan.1 On July 13, 2018, the ITC of the ITC’s final affirmative injury
is hereby requested. Failure to comply notified Commerce of its affirmative determinations, as further described
with the regulations and terms of an final determinations that an industry in below, antidumping duties will be
APO is a violation which is subject to the United States is materially injured assessed on unliquidated entries of fine
sanction. within the meaning of section denier PSF from China, India, Korea,
We are issuing and publishing the 735(b)(1)(A)(i) of the Act, by reason of and Taiwan entered, or withdrawn from
final results and this notice in LTFV imports of fine denier PSF from warehouse, for consumption on or after
accordance with sections 751(c), 752(b), China, India, Korea, and Taiwan.2 January 5, 2018, the date of publication
and 777(i)(1) of the Act and 19 CFR of the preliminary determinations.4
351.218. Scope of the Orders
Additionally, because the estimated
Dated: July 2, 2018. The product covered by these orders weighted-average dumping for subject
Gary Taverman, is fine denier PSF from China, India, merchandise produced and exported by
Korea, and Taiwan. For a complete
Deputy Assistant Secretary for Antidumping Tainan Spinning Co., Ltd. was
and Countervailing Duty Operations, description of the scope of these orders,
determined to be zero in the
performing the non-exclusive functions and see the Appendix to this notice.
investigation of fine denier PSF from
duties of the Assistant Secretary for Antidumping Duty Orders
Enforcement and Compliance.
Taiwan, and the estimated weighted-
In accordance with sections average dumping for subject
[FR Doc. 2018–15569 Filed 7–19–18; 8:45 am]
735(b)(1)(A)(i) and 735(d) of the Act, the merchandise produced and exported by
BILLING CODE 3510–DS–P
ITC notified Commerce of its final Toray Chemical Kora Inc. was
determinations in these investigations, determined to be zero in the
DEPARTMENT OF COMMERCE in which it found that an industry in the investigation of fine denier PSF from
United States is materially injured by Korea, Commerce is directing CBP to
International Trade Administration reason of imports of fine denier PSF not suspend liquidation of entries of
from China, India, Korea, and Taiwan.3 subject merchandise from these
[A–570–060, A–533–875, A–580–893, A–583–
Therefore, in accordance with section exporter/producer combinations for
860]
735(c)(2) of the Act, Commerce is each of the respective orders. Entries of
Fine Denier Polyester Staple Fiber issuing these antidumping duty orders. subject merchandise exported to the
From the People’s Republic of China, Because the ITC determined that United States by any other producer and
India, the Republic of Korea, and imports of fine denier PSF from China, exporter combination are not entitled to
Taiwan: Antidumping Duty Orders India, Korea, and Taiwan are materially this exclusion from suspension of
injuring a U.S. industry, unliquidated liquidation and are subject to the
AGENCY: Enforcement and Compliance, entries of such merchandise from China, applicable cash deposit rates noted
International Trade Administration, India, Korea, and Taiwan, entered or below.
Department of Commerce. withdrawn from warehouse for
SUMMARY: Based on affirmative final consumption, are subject to the 4 See Fine Denier Polyester Staple Fiber from the
determinations by the Department of assessment of antidumping duties. People’s Republic of China: Preliminary Affirmative
Commerce (Commerce) and the Therefore, in accordance with section Determination of Sales at Less Than Fair Value,
736(a)(1) of the Act, Commerce will Postponement of Final Determination, and
International Trade Commission (ITC), Extension of Provisional Measures, 83 FR 665
Commerce is issuing antidumping duty direct U.S. Customs and Border (January 5, 2018), and accompanying Preliminary
orders on fine denier polyester staple Protection (CBP) to assess, upon further Decision Memorandum (China Preliminary
fiber (fine denier PSF) from the People’s Determination); Fine Denier Polyester Staple Fiber
Republic of China (China), India, the 1 See Fine Denier Polyester Staple Fiber from the from India: Preliminary Affirmative Determination
People’s Republic of China: Final Affirmative of Sales at Less Than Fair Value, Postponement of
Republic of Korea (Korea), and Taiwan. Determination of Sales at Less Than Fair Value, 83 Final Determination, and Extension of Provisional
DATES: Applicable July 20, 2018. FR 24740 (May 30, 2018); Fine Denier Polyester Measures, 83 FR 662 (January 5, 2018), and
Staple Fiber from India: Final Affirmative accompanying Preliminary Decision Memorandum
FOR FURTHER INFORMATION CONTACT: Determination of Sales at Less Than Fair Value, 83 (India Preliminary Determination); Fine Denier
Edythe Artman at (202) 482–3931 FR 24737 (May 30, 2018); Fine Denier Polyester Polyester Staple Fiber from the Republic of Korea:
(China), Patrick O’Connor at (202) 482– Staple Fiber from the Republic of Korea: Final Preliminary Affirmative Determination of Sales at
0989 (India), Karine Gziryan at (202) Affirmative Determination of Sales at Less Than Less Than Fair Value, Postponement of Final
Fair Value, 83 FR 24743 (May 30, 2018); and Fine Determination, and Extension of Provisional
482–4081 (Korea), Lilit Astvatsatrian at Denier Polyester Staple Fiber from Taiwan: Final Measures, 83 FR 660 (January 5, 2018), and
(202) 482–6412 (Taiwan), AD/CVD
daltland on DSKBBV9HB2PROD with NOTICES
Affirmative Determination of Sales at Less Than accompanying Preliminary Decision Memorandum
Operations, Enforcement and Fair Value, 83 FR 24745 (May 30, 2018). (Korea Preliminary Determination); and Fine Denier
2 See Letter to Gary Taverman, Acting Assistant
Compliance, U.S. Department of Polyester Staple Fiber from Taiwan: Preliminary
Secretary of Commerce for Enforcement and Affirmative Determination of Sales at Less Than
Commerce, 1401 Constitution Avenue Compliance, from David S. Johanson, Chairman of Fair Value, Postponement of Final Determination,
NW, Washington, DC 20230. the U.S. International Trade Commission, regarding and Extension of Provisional Measures, 83 FR 668
fine denier polyester staple fiber from China, India, (January 5, 2018), and accompanying Preliminary
Determination, 78 FR 13019, 13025 (February 26, Korea, and Taiwan (July 13, 2018). Decision Memorandum (Taiwan Preliminary
2013). 3 Id. Determination).
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Document Created: 2018-07-20 01:18:22
Document Modified: 2018-07-20 01:18:22
| 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 | |
| Dates | Applicable July 20, 2018. | |
| Contact | Joshua Tucker, 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) 482-2044. | |
| FR Citation | 83 FR 34544 |
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