83_FR_35355 83 FR 35212 - Drawn Stainless Steel Sinks From the People's Republic of China: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order

83 FR 35212 - Drawn Stainless Steel Sinks From the People's Republic of China: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 143 (July 25, 2018)

Page Range35212-35213
FR Document2018-15883

As a result of this sunset review, the Department of Commerce (Commerce) finds that revocation of the countervailing duty order would be likely to lead to the continuation or recurrence of a countervailable subsidy at the levels indicated in the ``Final Results of Review'' section of this notice.

Federal Register, Volume 83 Issue 143 (Wednesday, July 25, 2018) 
[Federal Register Volume 83, Number 143 (Wednesday, July 25, 2018)]
[Notices]
[Pages 35212-35213]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15883]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-984]


Drawn Stainless Steel Sinks From the People's Republic of China: 
Final Results of the Expedited First Sunset Review of the 
Countervailing 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 countervailing duty order would 
be likely to lead to the continuation or recurrence of a 
countervailable subsidy at the levels indicated in the ``Final Results 
of Review'' section of this notice.

DATES: Applicable July 25, 2018.

FOR FURTHER INFORMATION CONTACT: David Crespo, 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) 482-3693.

SUPPLEMENTARY INFORMATION:

Background

    On April 11, 2013, Commerce published its countervailing 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 countervailing 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 stainless steel sinks in the United States.
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    \1\ See Drawn Stainless Steel Sinks from the People's Republic 
of China: Countervailing Duty Order, 78 FR 21596 (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 
Countervailing 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.
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    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.
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    \4\ See Letter from Elkay ``First Five-Year (`Sunset') Review of 
the Countervailing 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.
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    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 countervailing 
duty order on drawn stainless steel sinks from China.
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    \5\ See Letter to the ITC re: ``Sunset Reviews Initiated on 
March 5, 2018,'' dated April 10, 2018.
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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.
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    \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.
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    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 a countervailable subsidy 
and the net countervailable subsidy 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.
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    \7\ See Memorandum ``Issues and Decision Memorandum for the 
Expedited First Sunset Review of the Countervailing Duty Order on 
Drawn Stainless Steel Sinks from the People's Republic of China,'' 
dated concurrently with this notice (Issues and Decision 
Memorandum).
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Final Results of Review

    Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce 
determines that revocation of the countervailing duty order on drawn 
stainless steel sinks from China would be likely to lead to the 
continuation or recurrence of a

[[Page 35213]]

countervailable subsidy at the rates listed below: \8\
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    \8\ See Order, 70 FR 21596, 21597.

------------------------------------------------------------------------
                                                            Net subsidy
                    Producer/exporter                         rate %
------------------------------------------------------------------------
Guangdong Yingao Kitche Utensils Co., Ltd. and Forshan              4.90
 Magang Kitchen Utensils Co., Ltd.......................
Zhongshan Superte Kitchenware Co., Ltd..................           12.31
Foshan Zhaoshun Trade Co., Ltd..........................           12.36
All Others..............................................            8.61
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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. 2018-15883 Filed 7-24-18; 8:45 am]
 BILLING CODE 3510-DS-P

35212 Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Notices included in the request for OMB interested party status under section strainer sets, rinsing baskets, bottom approval of this information collection; 771(9)(C) of the Act as a producer of grids, or other accessories. they also will become a matter of public stainless steel sinks in the United States. Excluded from the scope of the order record. On April 2, 2018, Commerce received are stainless steel sinks with fabricated Sheleen Dumas, an adequate substantive response to the bowls. Fabricated bowls do not have Departmental Lead PRA Officer, Office of the notice of initiation from Elkay within seamless corners, but rather are made by Chief Information Officer. the 30-day deadline specified in 19 CFR notching and bending the stainless steel, [FR Doc. 2018–15927 Filed 7–24–18; 8:45 am] 351.218(d)(3)(i).4 We received no and then welding and finishing the substantive responses from respondent vertical corners to form the bowls. BILLING CODE 3510–DR–P interested parties with respect to the Stainless steel sinks with fabricated order covered by this sunset review. bowls may sometimes be referred to as DEPARTMENT OF COMMERCE On April 10, 2018, Commerce notified ‘‘zero radius’’ or ‘‘near zero radius’’ the U.S. International Trade sinks. The products covered by this International Trade Administration Commission (ITC) that it did not receive order are currently classified in the [C–570–984] an adequate substantive response from Harmonized Tariff Schedule of the respondent interested parties.5 As a United States (HTSUS) under statistical Drawn Stainless Steel Sinks From the result, pursuant to 751(c)(3)(B) of the reporting number 7324.10.0000 and People’s Republic of China: Final Act and 19 CFR 351.218(e)(1)(ii)(C)(2), 7324.10.0010. Although the HTSUS Results of the Expedited First Sunset Commerce conducted an expedited subheadings are provided for Review of the Countervailing Duty (120-day) sunset review of the convenience and customs purposes, the Order countervailing duty order on drawn written description of the scope of the stainless steel sinks from China. order is dispositive. AGENCY: Enforcement and Compliance, International Trade Administration, Scope of the Order Analysis of Comments Received Department of Commerce. The merchandise covered by the order SUMMARY: As a result of this sunset All issues raised in this sunset review includes drawn stainless steel sinks review, the Department of Commerce are addressed in the Issues and Decision with single or multiple drawn bowls, (Commerce) finds that revocation of the Memorandum,7 which is hereby with or without drain boards, whether countervailing duty order would be adopted by this notice. The issues finished or unfinished, regardless of likely to lead to the continuation or discussed in the Issues and Decision type of finish, gauge, or grade of recurrence of a countervailable subsidy Memorandum are the likelihood of stainless steel. Mounting clips, at the levels indicated in the ‘‘Final continuation or recurrence of a fasteners, seals, and sound-deadening Results of Review’’ section of this countervailable subsidy and the net pads are also covered by the scope of notice. countervailable subsidy likely to prevail this order if they are included within DATES: Applicable July 25, 2018. if the order were revoked. The Issues the sales price of the drawn stainless and Decision Memorandum is a public FOR FURTHER INFORMATION CONTACT: steel sinks.6 For purposes of this scope document and is on file electronically David Crespo, AD/CVD Operations, definition, the term ‘‘drawn’’ refers to a via Enforcement and Compliance’s Office II, Enforcement and Compliance, manufacturing process using metal Antidumping and Countervailing Duty International Trade Administration, forming technology to produce a smooth Centralized Electronic Service System U.S. Department of Commerce, 1401 basin with seamless, smooth, and (ACCESS). ACCESS is available to Constitution Avenue NW, Washington, rounded corners. Drawn stainless steel registered users at http:// DC 20230; telephone: (202) 482–3693. sinks are available in various shapes access.trade.gov, and to all in the SUPPLEMENTARY INFORMATION: and configurations and may be Central Records Unit, Room B8024 of described in a number of ways Background the main Department of Commerce including flush mount, top mount, or On April 11, 2013, Commerce building. In addition, a complete undermount (to indicate the attachment published its countervailing duty order version of the Issues and Decision relative to the countertop). Stainless on drawn stainless steel sinks from Memorandum can be accessed directly steel sinks with multiple drawn bowls China.1 On March 5, 2018, Commerce on the internet at http:// that are joined through a welding published the notice of initiation of the enforcement.trade.gov/frn. The signed operation to form one unit are covered first sunset review of the countervailing Issues and Decision Memorandum and by the scope of the order. Drawn duty order on drawn stainless steel the electronic version of the Issues and stainless steel sinks are covered by the sinks from China pursuant to section Decision Memorandum are identical in scope of the order whether or not they 751(c) of the Act.2 On March 16, 2018, content. are sold in conjunction with non-subject Commerce received a notice of intent to accessories such as faucets (whether Final Results of Review participate from Elkay Manufacturing attached or unattached), strainers, Company (Elkay), a domestic interested Pursuant to sections 751(c)(1) and party, within the deadline specified in 4 See Letter from Elkay ‘‘First Five-Year (‘Sunset’) 752(b) of the Act, Commerce determines 19 CFR 351.218(d)(1)(i).3 Elkay claimed Review of the Countervailing Duty Order on Drawn that revocation of the countervailing Stainless Steel Sinks from the People’s Republic of duty order on drawn stainless steel 1 See Drawn Stainless Steel Sinks from the China/Substantive Response to the Notice of sinks from China would be likely to lead daltland on DSKBBV9HB2PROD with NOTICES People’s Republic of China: Countervailing Duty Initiation,’’ dated April 2, 2018. Order, 78 FR 21596 (April 11,2013) (Order). 5 See Letter to the ITC re: ‘‘Sunset Reviews to the continuation or recurrence of a 2 See Initiation of Five-Year (Sunset) Reviews, 83 Initiated on March 5, 2018,’’ dated April 10, 2018. FR 9279 (March 5, 2018). 6 Mounting clips, fasteners, seals, and sound- 7 See Memorandum ‘‘Issues and Decision 3 See Letter from Elkay ‘‘First Five-Year (‘Sunset’) deadening pads are not covered by the scope of this Memorandum for the Expedited First Sunset Review of Countervailing Duty Order on Drawn order if they are not included within the sales price Review of the Countervailing Duty Order on Drawn Stainless Steel Sinks from the People’s Republic of of the drawn stainless steel sinks, regardless of Stainless Steel Sinks from the People’s Republic of China/Elkay Manufacturing Company’s Notice of whether they are shipped with or entered with China,’’ dated concurrently with this notice (Issues Intent to Participate,’’ dated March 16, 2018. drawn stainless steel sinks. and Decision Memorandum). VerDate Sep<11>2014 18:50 Jul 24, 2018 Jkt 244001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\25JYN1.SGM 25JYN1

Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Notices 35213 countervailable subsidy at the rates Department of Commerce (Commerce) respectful protest,6 eliminated any listed below: 8 pertaining to the countervailing duty duties attributable to the GPS program (CVD) investigation of certain new and recalculated the countervailable Net subsidy pneumatic off-the-road tires (off road subsidy rate for Camso Loadstar Producer/exporter rate % tires) from Sri Lanka. Commerce is accordingly. On July 11, 2018, the CIT Guangdong Yingao Kitche notifying the public that the final sustained Commerce’s Final Utensils Co., Ltd. and judgment in this case is not in harmony Redetermination.7 Thus, the effective Forshan Magang Kitchen with Commerce’s final determination in date of this notice is July 21, 2018. Utensils Co., Ltd ............... 4.90 the CVD investigation of off road tires Zhongshan Superte Kitchen- from Sri Lanka. Pursuant to the CIT’s Timken Notice ware Co., Ltd .................... 12.31 final judgment, the mandatory In its decision in Timken,8 as clarified Foshan Zhaoshun Trade respondent in the CVD investigation of by Diamond Sawblades,9 the Court of Co., Ltd ............................. 12.36 off road tires from Sri Lanka received a Appeals for the Federal Circuit (Federal All Others .............................. 8.61 net countervailable subsidy rate of 1.23 Circuit) held that, pursuant to section percent, a rate that is de minimis and, 516A of the Tariff Act of 1930, as Notification to Interested Parties therefore, Commerce is hereby revoking amended (the Act), Commerce must This notice also serves as the only this order. publish a notice of court decision that reminder to parties subject to DATES: Applicable July 21, 2018. is not ‘‘in harmony’’ with a Commerce administrative protective order (APO) of FOR FURTHER INFORMATION CONTACT: determination and must suspend their responsibility concerning the Whitley Herndon, AD/CVD Operations, liquidation of entries pending a return or destruction of proprietary Office II, Enforcement and Compliance, ‘‘conclusive’’ court decision.10 The information disclosed under APO in International Trade Administration, CIT’s July 11, 2018, final judgment accordance with 19 CFR 351.305. U.S. Department of Commerce, 1401 sustaining the Final Redetermination Timely notification of the return or Constitution Avenue NW, Washington, constitutes a final decision of that court destruction of APO materials or DC 20230; telephone: (202) 482–6274. that is not in harmony with Commerce’s conversion to judicial protective orders SUPPLEMENTARY INFORMATION: Final Determination. Thus, this notice is is hereby requested. Failure to comply published in fulfillment of the with the regulations and terms of an Background publication requirements of Timken and APO is a violation which is subject to On January 10, 2017, Commerce section 516A of the Act. sanction. published the Final Determination in We are issuing and publishing the Amended Final Determination this proceeding.1 Commerce reached an final results and this notice in affirmative determination that Because there is now a final court accordance with sections 751(c), 752(b), countervailable subsidies were provided decision, Commerce is amending the and 777(i)(1) of the Act and 19 CFR to mandatory respondent Camso Final Determination with respect to 351.218. Loadstar (Private), Ltd. (Camso Camso Loadstar. The revised Dated: July 2, 2018. Loadstar). Commerce published the countervailable subsidy rate for Camso Gary Taverman, countervailing duty order resulting from Loadstar for the period January 1, 2015, Deputy Assistant Secretary for Antidumping the investigation on March 6, 2017.2 through December 31, 2015, is as and Countervailing Duty Operations, Camso Loadstar and the Government follows: performing the non-exclusive functions and of Sri Lanka (GOSL) appealed the Final duties of the Assistant Secretary for Determination and countervailing duty Subsidy rate Exporter or producer Enforcement and Compliance. (percent) order to the CIT, and on April 17, 2018, [FR Doc. 2018–15883 Filed 7–24–18; 8:45 am] the CIT remanded the Final Camso Loadstar (Pri- 1.23 (de minimis). BILLING CODE 3510–DS–P Determination.3 Specifically, the CIT vate), Ltd remanded the Final Determination directing Commerce to eliminate any Revocation of the Order DEPARTMENT OF COMMERCE duties attributable to the Guaranteed Price Scheme for Rubber (GPS) program Pursuant to section 705(a)(3) of the International Trade Administration Act, Commerce ‘‘shall disregard any based on mere reimbursement for [C–542–801] excessive rubber payments.4 On June countervailable subsidy that is de 13, 2016, Commerce issued its final minimis as defined in section 703(b)(4)’’ Certain New Pneumatic Off-The-Road results of redetermination pursuant to of the Act. Furthermore, and pursuant to Tires From Sri Lanka: Notice of Court remand in accordance with the CIT’s section 705(c)(2) of the Act, ‘‘the Decision Not in Harmony With Final order.5 On remand, Commerce, under investigation shall be terminated upon Affirmative Countervailing Duty publication of that negative Determination, Notice of Amended 1 See Certain New Pneumatic Off-the-Road Tires Final Determination and Revocation of from Sri Lanka: Final Affirmative Countervailing United States, Slip Op. 18–43 (CIT April 17, 2018), Countervailing Duty Order Duty Determination, and Final Determination of dated June 13, 2016 (Final Redetermination). See Critical Circumstances, 82 FR 2949, 2950 (January also https://enforcement.trade.gov/remands/18- AGENCY: Enforcement and Compliance, 10, 2017) (Final Determination) and accompanying 43.pdf. International Trade Administration, Issues and Decision Memorandum. 6 See Viraj Group, Ltd. v. United States, 343 F.3d 2 See Certain New Pneumatic Off-the-Road Tires 1371 (Fed. Cir. 2003). Department of Commerce. from India and Sri Lanka: Amended Final 7 See Government of Sri Lanka v. United States, daltland on DSKBBV9HB2PROD with NOTICES SUMMARY: On July 11, 2018, the United Affirmative Countervailing Duty Determination for Slip Op. 18–87, Consol. Court No. 17–00059 (CIT States Court of International Trade (CIT) India and Countervailing Duty Orders, 82 FR 12556 July 11, 2018) (Final Remand Order). entered its final judgment sustaining the (Mar. 6, 2017) (Order). 8 See Timken Co. v. United States, 893 F.2d. 337 3 See Government of Sri Lanka v. United States, (Fed. Cir. 1990) (Timken). final results of remand redetermination Slip Op. 18–43 (CIT Apr. 17, 2018). 9 See Diamond Sawblades Mfrs. Coalition v. pursuant to court order by the 4 Id. at 20. United States, 626 F.3d. 1374 (Fed. Cir. 2010) 5 See Final Results of Redetermination on (Diamond Sawblades). 8 See Order, 70 FR 21596, 21597. Remand Pursuant to Government of Sri Lanka v. 10 See Sections 516A(c) and (e) of the Act. VerDate Sep<11>2014 18:50 Jul 24, 2018 Jkt 244001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\25JYN1.SGM 25JYN1


Document Created: 2018-07-25 00:44:39
Document Modified: 2018-07-25 00:44:39
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
DatesApplicable July 25, 2018.
ContactDavid Crespo, 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) 482-3693.
FR Citation83 FR 35212 
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