83_FR_662 83 FR 658 - Drawn Stainless Steel Sinks From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2016-2017

83 FR 658 - Drawn Stainless Steel Sinks From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2016-2017

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 4 (January 5, 2018)

Page Range658-660
FR Document2018-00016

The Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty order on drawn stainless steel sinks (drawn sinks) from the People's Republic of China (China). The period of review (POR) is April 1, 2016, through March 31, 2017. The review covers two mandatory respondents, Feidong Import and Export Co., Ltd. (Feidong) and Foshan Zhaoshun Trade Co., Ltd (Zhaoshun). We preliminarily determine that neither mandatory respondent qualifies for a separate rate and, therefore, both are considered part of the China- wide entity. Additionally, we are preliminarily including two companies that failed to demonstrate their entitlement to a separate rate (i.e., Jiangmen Hongmao Trading Co., Ltd. (Hongmao) and Yuyao Afa Kitchenware Co., Ltd. (Yuyao)) as part of the China-wide entity. We also preliminarily grant separate rates to the following companies which demonstrated eligibility for separate rate status but were not selected for individual examination: Jiangmen New Star Hi-Tech Enterprise Ltd. (New Star); KaiPing Dawn Plumbing Products, Inc. (KaiPing); Guangdong New Shichu Import and Export Company Limited (New Sichu); and Ningbo Afa Kitchen and Bath Co., Ltd. (Ningbo Afa). Finally, we preliminarily find that B&R Industries Limited (B&R); Xinhe Stainless Steel Products Co., Ltd. (Xinhe); Zhongshan Superte Kitchenware Co., Ltd. (Superte); and Zhuhai KOHLER Kitchen & Bathroom Products Co., Ltd. (Zhuhai KOHLER) made no shipments of subject merchandise during the POR. We invite interested parties to comment on these preliminary results.

Federal Register, Volume 83 Issue 4 (Friday, January 5, 2018)
[Federal Register Volume 83, Number 4 (Friday, January 5, 2018)]
[Notices]
[Pages 658-660]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00016]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-983]


Drawn Stainless Steel Sinks From the People's Republic of China: 
Preliminary Results of the Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2016-2017

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) is conducting an 
administrative review of the antidumping duty order on drawn stainless 
steel sinks (drawn sinks) from the People's Republic of China (China). 
The period of review (POR) is April 1, 2016, through March 31, 2017. 
The review covers two mandatory respondents, Feidong Import and Export 
Co., Ltd. (Feidong) and Foshan Zhaoshun Trade Co., Ltd (Zhaoshun). We 
preliminarily determine that neither mandatory respondent qualifies for 
a separate rate and, therefore, both are considered part of the China-
wide entity. Additionally, we are preliminarily including two companies 
that failed to demonstrate their entitlement to a separate rate (i.e., 
Jiangmen Hongmao Trading Co., Ltd. (Hongmao) and Yuyao Afa Kitchenware 
Co., Ltd. (Yuyao)) as part of the China-wide entity. We also 
preliminarily grant separate rates to the following companies which 
demonstrated eligibility for separate rate status but were not selected 
for individual examination: Jiangmen New Star Hi-Tech Enterprise Ltd. 
(New Star); KaiPing Dawn Plumbing Products, Inc. (KaiPing); Guangdong 
New Shichu Import and Export Company Limited (New Sichu); and Ningbo 
Afa Kitchen and Bath Co., Ltd. (Ningbo Afa). Finally, we preliminarily 
find that B&R Industries Limited (B&R); Xinhe Stainless Steel Products 
Co., Ltd. (Xinhe); Zhongshan Superte Kitchenware Co., Ltd. (Superte); 
and Zhuhai KOHLER Kitchen & Bathroom Products Co., Ltd. (Zhuhai KOHLER) 
made no shipments of subject merchandise during the POR. We invite 
interested parties to comment on these preliminary results.

DATES: Applicable January 5, 2018.

FOR FURTHER INFORMATION CONTACT: Rebecca Janz or Ajay Menon, 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) 482-2972 or (202) 482-1993, 
respectively.

SUPPLEMENTARY INFORMATION: 

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.\1\
---------------------------------------------------------------------------

    \1\ For a complete description of the Scope of the Order, see 
Memorandum, ``Decision Memorandum for Preliminary Results of the 
Antidumping Duty Administrative Review: Drawn Stainless Steel Sinks 
from the People's Republic of China,'' issued concurrently with and 
hereby adopted by this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Preliminary Determination of No Shipments

    Based on our analysis of CBP information and information provided 
by the companies, we preliminarily determine that B&R, Superte, Xinhe, 
and Zhuhai KOHLER did not have any shipments of subject merchandise 
during the POR. In addition, Commerce finds that, consistent with its 
assessment practice in non-market economy (NME) cases, it is 
appropriate not to rescind the review in part in these circumstances, 
but to complete the review with respect to these four companies and 
issue appropriate instructions to CBP based on the final results.\2\ 
For additional information regarding this determination, see the 
Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \2\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) (NME 
AD Assessment) and the ``Assessment Rates'' section, below.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). Because 
Feidong is majority government-owned and Foshan did not respond to the 
NME questionnaire, we preliminarily determine that they are not 
eligible for a separate rate and are part of the China-wide entity, 
subject to the China-wide entity rate of 76.45 percent.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and

[[Page 659]]

Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov, and to all parties in the Central Records 
Unit, room B8024 of the main Department of Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/. The signed 
and the electronic versions of the Preliminary Decision Memorandum are 
identical in content. A list of topics included in the Preliminary 
Decision Memorandum is provided in the Appendix to this notice.

Preliminary Results of Review

    Commerce finds that the two mandatory respondents have not 
established eligibility for a separate rate and are considered to be 
part of the China-wide entity for these preliminary results. 
Additionally, because Hongmao and Yuyao did not submit a separate rate 
application or certification by the deadline established in the 
Initiation Notice or make a claim that they had no exports, sales, or 
entries of subject merchandise during the POR, we preliminarily find 
that these companies failed to establish their entitlement to a 
separate rate and, therefore, remain part of the China-wide entity. 
Commerce's policy regarding conditional review of the China-wide entity 
applies to this administrative review.\3\ Under this policy, the China-
wide rate will not be under review unless a party requests, or Commerce 
self-initiates, a review of the entity. Because no party requested a 
review of the China-wide entity, the entity is not under review, and 
the entity's rate is not subject to change.
---------------------------------------------------------------------------

    \3\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
---------------------------------------------------------------------------

    The statute and Commerce's regulations do not address what rate to 
apply to respondents not selected for individual examination when 
Commerce limits its examination in an administrative review pursuant to 
section 777A(c)(2) of the Act. Generally, Commerce looks to section 
735(c)(5) of the Act, which provides instructions for calculating the 
all-others rate in an investigation, for guidance when calculating the 
rate for non-selected respondents that are not examined individually in 
an administrative review. Section 735(c)(5)(A) of the Act states that 
the all-others rate should be calculated by averaging the weighted-
average dumping margins for individually-examined respondents, 
excluding rates that are zero, de minimis, or based entirely on facts 
available. Section 735(c)(5)(B) of the Act provides that where all 
rates are zero, de minimis, or based entirely on facts available, 
Commerce may use ``any reasonable method'' for assigning a rate to non-
examined respondents.
    For these preliminary results, we have not calculated any 
individual rates or assigned a rate based on facts available. 
Therefore, consistent with our recent practice,\4\ we preliminary 
determine to assign to the non-individually examined separate rate 
respondents the most recently assigned separate rate in this 
proceeding, which is from the previous administrative review.\5\ Using 
this method, we are preliminarily assigning a separate rate margin of 
1.78 percent to the four non-individually examined companies that 
demonstrated their eligibility for a separate rate.
---------------------------------------------------------------------------

    \4\ See, e.g., Certain Frozen Warmwater Shrimp from the 
Socialist Republic of Vietnam: Preliminary Results of Antidumping 
Duty Administrative Review; 2015-2016, 81 FR 62717 (September 12, 
2016), and accompanying Preliminary Decision Memorandum at 10-11, 
unchanged in Certain Frozen Warmwater Shrimp from the Socialist 
Republic of Vietnam: Final Results of Antidumping Duty 
Administrative Review; 2015-2016, 82 FR 11431 (February 23, 2017).
    \5\ See Drawn Stainless Steel Sinks from the People's Republic 
of China: Final Results of Antidumping Duty Administrative Review 
and Final Determination of No Shipments; 2015-2016, 82 FR 28639, 
28640 (June 23, 2017) (Sinks AR3 Final).
---------------------------------------------------------------------------

    Commerce preliminarily determines that the following weighted-
average dumping margins exist for the period April 1, 2016, through 
March 31, 2017:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Guangdong New Shichu Import and Export Company Limited......        1.78
Jiangmen New Star Hi-Tech Enterprise Ltd....................        1.78
KaiPing Dawn Plumbing Products, Inc.........................        1.78
Ningbo Afa Kitchen and Bath Co., Ltd........................        1.78
------------------------------------------------------------------------

Disclosure and Public Comment

    Normally, Commerce will disclose the calculations used in our 
analysis to parties in this review within five days of the date of 
publication of the notice of preliminary results in the Federal 
Register, in accordance with 19 CFR 351.224(b). However, here, Commerce 
preliminary applied a separate rate \6\ and the China-wide rate \7\ 
that were established in prior segments of the proceeding. Thus, there 
are no calculations on this record to disclose.
---------------------------------------------------------------------------

    \6\ See Sinks AR3 Final.
    \7\ See Drawn Stainless Steel Sinks from the People's Republic 
of China: Investigation, Final Determination, 78 FR 13019 (February 
26, 2013).
---------------------------------------------------------------------------

    Interested parties may submit case briefs no later than 30 days 
after the date of publication of these preliminary results of 
review.\8\ Rebuttals to case briefs may be filed no later than five 
days after the written comments are filed, and all rebuttal comments 
must be limited to comments raised in the case briefs.\9\
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.309(c).
    \9\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------

    Any interested party may request a hearing within 30 days of 
publication of this notice.\10\ Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations will be limited to issues raised in 
the briefs. If a request for a hearing is made, parties will be 
notified of the time and date for the hearing to be held at the U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230.\11\
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.310(c).
    \11\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, which will include the results 
of its analysis of issues raised in the case briefs, within 120 days of 
publication of these preliminary results, pursuant to section 
751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results, Commerce will determine, and 
CBP shall assess, antidumping duties on all appropriate entries covered 
by this review.\12\ Commerce intends to issue appropriate assessment 
instructions to CBP 15 days after the publication of the final results 
of this review. For the companies receiving a separate rate, we intend 
to assign an assessment rate of 1.78 percent, consistent with the 
methodology described above. For the final results, if we continue to 
treat the mandatory respondents as part of the China-wide entity, we 
will instruct CBP to apply an ad valorem assessment rate of 76.45 
percent to all entries of subject merchandise during the POR that were 
produced and/or exported by those companies. In addition, if we 
continue to find that B&R, Superte, Xinhe, and Zhuhai KOHLER, had no 
shipments of the subject merchandise, any suspended

[[Page 660]]

entries of subject merchandise from these companies will be liquidated 
at the China-wide rate.\13\
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.212(b)(1).
    \13\ For a full discussion of this practice, see NME AD 
Assessment.
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise from China entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For the 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 China and non-China 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 China 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 China-
wide entity, which is 76.45 percent; and (4) for all non-China 
exporters of subject merchandise that have not received their own rate, 
the cash deposit rate will be the rate applicable to China exporter(s) 
that supplied that non-China exporter. These deposit requirements, when 
imposed, shall remain in effect until further notice.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries during this review period. 
Failure to comply with this requirement could result in the Secretary's 
presumption that reimbursement of antidumping and/or countervailing 
duties occurred and the subsequent assessment of double antidumping 
duties.
    We are issuing and publishing these preliminary results of review 
in accordance with sections 751(a)(l) and 777(i)(l) of the Act and 19 
CFR 351.213.

    Dated: December 29, 2017.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of Methodology
    A. Preliminary Determination of No Shipments
    B. Non-Market Economy Country Status
    C. Separate Rates Determination
    1. Absence of De Jure Control
    2. Absence of De Facto Control
    3. Companies Not Eligible for a Separate Rate
    4. Separate Rate for Eligible, Non-Selected Companies
V. Recommendation

[FR Doc. 2018-00016 Filed 1-4-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                               658                              Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Notices

                                               and accountable processors and helps                    DEPARTMENT OF COMMERCE                                 NW, Washington, DC 20230; telephone:
                                               ensure that processing is consistent with                                                                      (202) 482–2972 or (202) 482–1993,
                                               the controller’s CBPR System processing                 International Trade Administration                     respectively.
                                               requirements.                                           [A–570–983]                                            SUPPLEMENTARY INFORMATION:
                                                  The PRP system requires processors to                                                                       Scope of the Order
                                               implement privacy policies and                          Drawn Stainless Steel Sinks From the
                                               practices consistent with the PRP                       People’s Republic of China:                              The products covered by the order
                                                                                                       Preliminary Results of the                             include drawn stainless steel sinks.
                                               system requirements for all personal
                                                                                                       Antidumping Duty Administrative                        Imports of subject merchandise are
                                               information that they process on behalf
                                                                                                       Review and Preliminary Determination                   currently classified under the
                                               of controllers, and these policies and                                                                         Harmonized Tariff Schedule of the
                                                                                                       of No Shipments; 2016–2017
                                               practices must be assessed as compliant                                                                        United States (HTSUS) subheadings
                                               by an APEC-recognized Accountability                    AGENCY:   Enforcement and Compliance,                  7324.10.0000 and 7324.10.0010.
                                               Agent (‘‘PRP certification’’). Under the                International Trade Administration,                    Although the HTSUS subheadings are
                                               PRP system, an ‘‘Accountability Agent’’                 Department of Commerce.                                provided for convenience and customs
                                               is a third-party organization that                      SUMMARY: The Department of Commerce                    purposes, the written description of the
                                               provides verification services related to               (Commerce) is conducting an                            scope of the order is dispositive.1
                                               the data privacy policies and practices                 administrative review of the
                                                                                                       antidumping duty order on drawn                        Preliminary Determination of No
                                               for those processors seeking PRP
                                                                                                       stainless steel sinks (drawn sinks) from               Shipments
                                               certification. Only APEC-recognized
                                               Accountability Agents may perform PRP                   the People’s Republic of China (China).                   Based on our analysis of CBP
                                               certifications.                                         The period of review (POR) is April 1,                 information and information provided
                                                                                                       2016, through March 31, 2017. The                      by the companies, we preliminarily
                                                  An Accountability Agent may only                                                                            determine that B&R, Superte, Xinhe,
                                                                                                       review covers two mandatory
                                               provide PRP certification for a U.S.                    respondents, Feidong Import and Export                 and Zhuhai KOHLER did not have any
                                               processor that is subject to the                        Co., Ltd. (Feidong) and Foshan                         shipments of subject merchandise
                                               enforcement authority of the Federal                    Zhaoshun Trade Co., Ltd (Zhaoshun).                    during the POR. In addition, Commerce
                                               Trade Commission, the U.S. privacy                      We preliminarily determine that neither                finds that, consistent with its
                                               enforcement authority.                                  mandatory respondent qualifies for a                   assessment practice in non-market
                                                  An applicant may be designated as an                 separate rate and, therefore, both are                 economy (NME) cases, it is appropriate
                                               Accountability Agent if APEC member                     considered part of the China-wide                      not to rescind the review in part in these
                                               economies recognize that it meets the                   entity. Additionally, we are                           circumstances, but to complete the
                                               recognition criteria agreed to by APEC.                 preliminarily including two companies                  review with respect to these four
                                               Those criteria are set forth in the                     that failed to demonstrate their                       companies and issue appropriate
                                                                                                       entitlement to a separate rate (i.e.,                  instructions to CBP based on the final
                                               Accountability Agent APEC Application
                                                                                                       Jiangmen Hongmao Trading Co., Ltd.                     results.2 For additional information
                                               for the PRP System (‘‘APEC PRP System
                                                                                                       (Hongmao) and Yuyao Afa Kitchenware                    regarding this determination, see the
                                               Guide’’), which is available at: https://                                                                      Preliminary Decision Memorandum.
                                               cbprs.blob.core.windows.net/files/                      Co., Ltd. (Yuyao)) as part of the China-
                                               Accountability%20Agent                                  wide entity. We also preliminarily grant               Methodology
                                                                                                       separate rates to the following
                                               %20Application%20for%20PRP                                                                                        Commerce is conducting this review
                                                                                                       companies which demonstrated
                                               %20Revised%20For%20Posting%203-                                                                                in accordance with section 751(a)(1)(B)
                                                                                                       eligibility for separate rate status but
                                               16.pdf.                                                                                                        of the Tariff Act of 1930, as amended
                                                                                                       were not selected for individual
                                                  Organizations interested in being                    examination: Jiangmen New Star Hi-                     (the Act). Because Feidong is majority
                                               designated as an Accountability Agent                   Tech Enterprise Ltd. (New Star);                       government-owned and Foshan did not
                                               should notify the Department of                         KaiPing Dawn Plumbing Products, Inc.                   respond to the NME questionnaire, we
                                               Commerce of their interest in obtaining                 (KaiPing); Guangdong New Shichu                        preliminarily determine that they are
                                                                                                       Import and Export Company Limited                      not eligible for a separate rate and are
                                               APEC recognition and submit the
                                                                                                       (New Sichu); and Ningbo Afa Kitchen                    part of the China-wide entity, subject to
                                               information described in the APEC PRP
                                                                                                       and Bath Co., Ltd. (Ningbo Afa). Finally,              the China-wide entity rate of 76.45
                                               System Guide to the Office of Digital
                                                                                                       we preliminarily find that B&R                         percent.
                                               Services Industries by email at                                                                                   For a full description of the
                                               michael.rose@trade.gov.                                 Industries Limited (B&R); Xinhe
                                                                                                                                                              methodology underlying our
                                                                                                       Stainless Steel Products Co., Ltd.
                                                 Dated: December 29, 2017.                                                                                    conclusions, see the Preliminary
                                                                                                       (Xinhe); Zhongshan Superte
                                               James Sullivan,                                                                                                Decision Memorandum. The
                                                                                                       Kitchenware Co., Ltd. (Superte); and
                                               Deputy Assistant Secretary for Services, U.S.
                                                                                                                                                              Preliminary Decision Memorandum is a
                                                                                                       Zhuhai KOHLER Kitchen & Bathroom
                                               Department of Commerce.                                                                                        public document and is on file
                                                                                                       Products Co., Ltd. (Zhuhai KOHLER)
                                                                                                                                                              electronically via Enforcement and
                                               [FR Doc. 2018–00046 Filed 1–4–18; 8:45 am]              made no shipments of subject
                                               BILLING CODE 3510–DR–P                                  merchandise during the POR. We invite                    1 For a complete description of the Scope of the
                                                                                                       interested parties to comment on these                 Order, see Memorandum, ‘‘Decision Memorandum
                                                                                                       preliminary results.                                   for Preliminary Results of the Antidumping Duty
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                       DATES: Applicable January 5, 2018.                     Administrative Review: Drawn Stainless Steel Sinks
                                                                                                                                                              from the People’s Republic of China,’’ issued
                                                                                                       FOR FURTHER INFORMATION CONTACT:                       concurrently with and hereby adopted by this
                                                                                                       Rebecca Janz or Ajay Menon, AD/CVD                     notice (Preliminary Decision Memorandum).
                                                                                                                                                                2 See Non-Market Economy Antidumping
                                                                                                       Operations, Office II, Enforcement and
                                                                                                                                                              Proceedings: Assessment of Antidumping Duties, 76
                                                                                                       Compliance, International Trade                        FR 65694, 65694–95 (October 24, 2011) (NME AD
                                                                                                       Administration, U.S. Department of                     Assessment) and the ‘‘Assessment Rates’’ section,
                                                                                                       Commerce, 1401 Constitution Avenue                     below.



                                          VerDate Sep<11>2014   16:30 Jan 04, 2018   Jkt 244001   PO 00000   Frm 00005   Fmt 4703   Sfmt 4703   E:\FR\FM\05JAN1.SGM   05JAN1


                                                                                Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Notices                                                                659

                                               Compliance’s Antidumping and                            individually-examined respondents,                               the China-wide rate 7 that were
                                               Countervailing Duty Centralized                         excluding rates that are zero, de                                established in prior segments of the
                                               Electronic Service System (ACCESS).                     minimis, or based entirely on facts                              proceeding. Thus, there are no
                                               ACCESS is available to registered users                 available. Section 735(c)(5)(B) of the Act                       calculations on this record to disclose.
                                               at https://access.trade.gov, and to all                 provides that where all rates are zero, de                          Interested parties may submit case
                                               parties in the Central Records Unit,                    minimis, or based entirely on facts                              briefs no later than 30 days after the
                                               room B8024 of the main Department of                    available, Commerce may use ‘‘any                                date of publication of these preliminary
                                               Commerce building. In addition, a                       reasonable method’’ for assigning a rate                         results of review.8 Rebuttals to case
                                               complete version of the Preliminary                     to non-examined respondents.                                     briefs may be filed no later than five
                                               Decision Memorandum can be accessed                                                                                      days after the written comments are
                                                                                                          For these preliminary results, we have
                                               directly at http://enforcement.trade.gov/                                                                                filed, and all rebuttal comments must be
                                                                                                       not calculated any individual rates or
                                               frn/. The signed and the electronic                                                                                      limited to comments raised in the case
                                                                                                       assigned a rate based on facts available.
                                               versions of the Preliminary Decision                                                                                     briefs.9
                                                                                                       Therefore, consistent with our recent                               Any interested party may request a
                                               Memorandum are identical in content.
                                                                                                       practice,4 we preliminary determine to                           hearing within 30 days of publication of
                                               A list of topics included in the
                                                                                                       assign to the non-individually examined                          this notice.10 Hearing requests should
                                               Preliminary Decision Memorandum is
                                                                                                       separate rate respondents the most                               contain the following information: (1)
                                               provided in the Appendix to this notice.
                                                                                                       recently assigned separate rate in this                          The party’s name, address, and
                                               Preliminary Results of Review                           proceeding, which is from the previous                           telephone number; (2) the number of
                                                  Commerce finds that the two                          administrative review.5 Using this                               participants; and (3) a list of the issues
                                               mandatory respondents have not                          method, we are preliminarily assigning                           to be discussed. Oral presentations will
                                               established eligibility for a separate rate             a separate rate margin of 1.78 percent to                        be limited to issues raised in the briefs.
                                               and are considered to be part of the                    the four non-individually examined                               If a request for a hearing is made, parties
                                               China-wide entity for these preliminary                 companies that demonstrated their                                will be notified of the time and date for
                                               results. Additionally, because Hongmao                  eligibility for a separate rate.                                 the hearing to be held at the U.S.
                                               and Yuyao did not submit a separate                        Commerce preliminarily determines                             Department of Commerce, 1401
                                               rate application or certification by the                that the following weighted-average                              Constitution Avenue NW, Washington,
                                               deadline established in the Initiation                  dumping margins exist for the period                             DC 20230.11
                                               Notice or make a claim that they had no                 April 1, 2016, through March 31, 2017:                              Unless otherwise extended,
                                               exports, sales, or entries of subject                                                                                    Commerce intends to issue the final
                                               merchandise during the POR, we                                                                              Weighted-    results of this administrative review,
                                               preliminarily find that these companies                                                                      average     which will include the results of its
                                               failed to establish their entitlement to a                               Exporter                           dumping      analysis of issues raised in the case
                                                                                                                                                             margin
                                               separate rate and, therefore, remain part                                                                   (percent)    briefs, within 120 days of publication of
                                               of the China-wide entity. Commerce’s                                                                                     these preliminary results, pursuant to
                                               policy regarding conditional review of                  Guangdong New Shichu Import                                      section 751(a)(3)(A) of the Act.
                                               the China-wide entity applies to this                      and Export Company Limited                             1.78
                                                                                                                                                           Assessment Rates
                                               administrative review.3 Under this                      Jiangmen New Star Hi-Tech En-
                                               policy, the China-wide rate will not be                    terprise Ltd .............................. 1.78    Upon issuance of the final results,
                                               under review unless a party requests, or                KaiPing Dawn Plumbing Prod-                         Commerce will determine, and CBP
                                               Commerce self-initiates, a review of the                                                               1.78 shall assess, antidumping duties on all
                                                                                                          ucts, Inc ...................................
                                               entity. Because no party requested a                    Ningbo Afa Kitchen and Bath                         appropriate entries covered by this
                                               review of the China-wide entity, the                       Co., Ltd ...................................1.78 review.12 Commerce intends to issue
                                               entity is not under review, and the                                                                         appropriate assessment instructions to
                                               entity’s rate is not subject to change.                 Disclosure and Public Comment                       CBP 15 days after the publication of the
                                                 The statute and Commerce’s                                                                                final results of this review. For the
                                               regulations do not address what rate to                    Normally, Commerce will disclose the companies receiving a separate rate, we
                                               apply to respondents not selected for                   calculations used in our analysis to                intend to assign an assessment rate of
                                               individual examination when                             parties in this review within five days             1.78 percent, consistent with the
                                               Commerce limits its examination in an                   of the date of publication of the notice            methodology described above. For the
                                               administrative review pursuant to                       of preliminary results in the Federal               final results, if we continue to treat the
                                               section 777A(c)(2) of the Act. Generally,               Register, in accordance with 19 CFR                 mandatory respondents as part of the
                                               Commerce looks to section 735(c)(5) of                  351.224(b). However, here, Commerce                 China-wide entity, we will instruct CBP
                                               the Act, which provides instructions for                preliminary applied a separate rate 6 and to apply an ad valorem assessment rate
                                               calculating the all-others rate in an                                                                       of 76.45 percent to all entries of subject
                                               investigation, for guidance when                          4 See, e.g., Certain Frozen Warmwater Shrimp      merchandise during the POR that were
                                               calculating the rate for non-selected                   from the Socialist Republic of Vietnam: Preliminary produced and/or exported by those
                                                                                                       Results of Antidumping Duty Administrative
                                               respondents that are not examined                       Review; 2015–2016, 81 FR 62717 (September 12,
                                                                                                                                                           companies. In addition, if we continue
                                               individually in an administrative                       2016), and accompanying Preliminary Decision        to find that B&R, Superte, Xinhe, and
                                               review. Section 735(c)(5)(A) of the Act                 Memorandum at 10–11, unchanged in Certain           Zhuhai KOHLER, had no shipments of
                                               states that the all-others rate should be               Frozen Warmwater Shrimp from the Socialist          the subject merchandise, any suspended
                                                                                                       Republic of Vietnam: Final Results of Antidumping
                                               calculated by averaging the weighted-
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                                                                                                       Duty Administrative Review; 2015–2016, 82 FR                       7 See Drawn Stainless Steel Sinks from the
                                               average dumping margins for                             11431 (February 23, 2017).
                                                                                                         5 See Drawn Stainless Steel Sinks from the                     People’s Republic of China: Investigation, Final
                                                                                                                                                                        Determination, 78 FR 13019 (February 26, 2013).
                                                 3 See Antidumping Proceedings: Announcement           People’s Republic of China: Final Results of                       8 See 19 CFR 351.309(c).
                                               of Change in Department Practice for Respondent         Antidumping Duty Administrative Review and
                                                                                                                                                                          9 See 19 CFR 351.309(d).
                                               Selection in Antidumping Duty Proceedings and           Final Determination of No Shipments; 2015–2016,
                                                                                                                                                                          10 See 19 CFR 351.310(c).
                                               Conditional Review of the Nonmarket Economy             82 FR 28639, 28640 (June 23, 2017) (Sinks AR3
                                               Entity in NME Antidumping Duty Proceedings, 78          Final).                                                            11 See 19 CFR 351.310(d).

                                               FR 65963 (November 4, 2013).                              6 See Sinks AR3 Final.                                           12 See 19 CFR 351.212(b)(1).




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                                               660                              Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Notices

                                               entries of subject merchandise from                       Dated: December 29, 2017.                            on June 27, 2017.1 On October 24, 2017,
                                               these companies will be liquidated at                   Christian Marsh,                                       the Department postponed the
                                               the China-wide rate.13                                  Deputy Assistant Secretary for Enforcement             preliminary determination of this
                                                                                                       and Compliance.                                        investigation and the revised deadline is
                                               Cash Deposit Requirements                                                                                      now December 18, 2017.2 For a
                                                                                                       Appendix
                                                  The following cash deposit                                                                                  complete description of the events that
                                                                                                       List of Topics Discussed in the Preliminary            followed the initiation of this
                                               requirements will be effective upon                     Decision Memorandum                                    investigation, see the Preliminary
                                               publication of the final results of this
                                                                                                       I. Summary                                             Decision Memorandum.3 A list of topics
                                               administrative review for all shipments                 II. Background                                         included in the Preliminary Decision
                                               of the subject merchandise from China                   III. Scope of the Order                                Memorandum is included as Appendix
                                               entered, or withdrawn from warehouse,                   IV. Discussion of Methodology                          II to this notice. The Preliminary
                                               for consumption on or after the                            A. Preliminary Determination of No                  Decision Memorandum is a public
                                               publication date, as provided for by                          Shipments
                                                                                                          B. Non-Market Economy Country Status
                                                                                                                                                              document and is on file electronically
                                               section 751(a)(2)(C) of the Act: (1) For                                                                       via Enforcement and Compliance’s
                                                                                                          C. Separate Rates Determination
                                               the companies listed above that have a                                                                         Antidumping and Countervailing Duty
                                                                                                          1. Absence of De Jure Control
                                               separate rate, the cash deposit rate will                  2. Absence of De Facto Control                      Centralized Electronic Service System
                                               be that rate established in the final                      3. Companies Not Eligible for a Separate            (ACCESS). ACCESS is available to
                                               results of this review (except, if the rate                   Rate                                             registered users at https://
                                               is zero or de minimis, then a cash                         4. Separate Rate for Eligible, Non-Selected         access.trade.gov, and to all parties in the
                                               deposit rate of zero will be established                      Companies                                        Central Records Unit, Room B8024 of
                                               for that company); (2) for previously                   V. Recommendation                                      the main Department of Commerce
                                               investigated or reviewed China and non-                 [FR Doc. 2018–00016 Filed 1–4–18; 8:45 am]             building. In addition, a complete
                                               China exporters that received a separate                BILLING CODE 3510–DS–P                                 version of the Preliminary Decision
                                               rate in a prior segment of this                                                                                Memorandum can be found at http://
                                               proceeding, the cash deposit rate will                                                                         enforcement.trade.gov/frn/. The signed
                                                                                                       DEPARTMENT OF COMMERCE                                 and electronic versions of the
                                               continue to be the existing exporter-
                                               specific rate; (3) for all China exporters                                                                     Preliminary Decision Memorandum are
                                                                                                       International Trade Administration
                                               of subject merchandise that have not                                                                           identical in content.
                                               been found to be entitled to a separate                 [A–580–893]
                                                                                                                                                              Scope of the Investigation
                                               rate, the cash deposit rate will be the                 Fine Denier Polyester Staple Fiber                       The product covered by this
                                               rate for the China-wide entity, which is                From the Republic of Korea:                            investigation is fine denier polyester
                                               76.45 percent; and (4) for all non-China                Preliminary Affirmative Determination                  staple fiber from Korea. For a complete
                                               exporters of subject merchandise that                   of Sales at Less Than Fair Value,                      description of the scope of this
                                               have not received their own rate, the                   Postponement of Final Determination,                   investigation, see Appendix I.
                                               cash deposit rate will be the rate                      and Extension of Provisional Measures
                                               applicable to China exporter(s) that                                                                           Scope Comments
                                               supplied that non-China exporter. These                 AGENCY:   Enforcement and Compliance,                    In accordance with the preamble to
                                               deposit requirements, when imposed,                     International Trade Administration,                    the Department’s regulations,4 the
                                               shall remain in effect until further                    Department of Commerce.                                Initiation Notice set aside a period of
                                               notice.                                                 SUMMARY: The Department of Commerce                    time for parties to raise issues regarding
                                                                                                       (the Department) preliminarily                         product coverage (i.e., scope).5 Certain
                                               Notification to Importers                               determines that fine denier polyester                  interested parties commented on the
                                                                                                       staple fiber (fine denier PSF) from the                scope of the investigation as it appeared
                                                  This notice also serves as a
                                                                                                       Republic of Korea (Korea) are being, or                in the Initiation Notice. For a summary
                                               preliminary reminder to importers of                    is likely to be sold in the United States              of the product coverage comments and
                                               their responsibility under 19 CFR                       at less than fair value (LTFV). The                    rebuttal responses submitted to the
                                               351.402(f) to file a certificate regarding              period of investigation (POI) is April 1,              record for this preliminary
                                               the reimbursement of antidumping and/                   2016, through March 31, 2017.                          determination, and accompanying
                                               or countervailing duties prior to                                                                              discussion and analysis of all comments
                                                                                                       FOR FURTHER INFORMATION CONTACT:
                                               liquidation of the relevant entries                     Karine Gziryan or Celeste Chen, AD/
                                               during this review period. Failure to                   CVD Operations, Office IV, Enforcement                    1 See Fine Denier Polyester Staple Fiber from the

                                               comply with this requirement could                      and Compliance, International Trade                    People’s Republic of China, India, the Republic of
                                               result in the Secretary’s presumption                                                                          Korea, Taiwan, and the Socialist Republic of
                                                                                                       Administration, U.S. Department of                     Vietnam: Initiation of Less-Than-Fair-Value
                                               that reimbursement of antidumping                       Commerce, 1401 Constitution Avenue                     Investigations, 82 FR 29023 (June 27, 2017)
                                               and/or countervailing duties occurred                   NW, Washington, DC 20230; telephone:                   (Initiation Notice).
                                               and the subsequent assessment of                        (202) 482–4081 or (202) 482–0890,                         2 See Fine Denier Polyester Staple Fiber from the

                                               double antidumping duties.                                                                                     People’s Republic of China, India, the Republic of
                                                                                                       respectively.                                          Korea, and Taiwan: Postponement of Preliminary
                                                  We are issuing and publishing these                  DATES:   Applicable January 5, 2018.                   Determinations in Less-Than-Fair-Value
                                               preliminary results of review in                                                                               Investigations, 82 FR 49178 (October 24, 2017).
                                                                                                       SUPPLEMENTARY INFORMATION:
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                                                                                                                                                                 3 See Memorandum, ‘‘Decision Memorandum for
                                               accordance with sections 751(a)(l) and                                                                         the Preliminary Determination in the Less-Than-
                                               777(i)(l) of the Act and 19 CFR 351.213.                Background                                             Fair Value Investigation of Fine Denier Polyester
                                                                                                          This preliminary determination is                   Staple Fiber from the Republic of Korea,’’ dated
                                                                                                                                                              concurrently with, and hereby adopted by, this
                                                                                                       made in accordance with section 733(b)                 notice (Preliminary Decision Memorandum).
                                                                                                       of the Tariff Act of 1930, as amended                     4 See Antidumping Duties; Countervailing Duties:
                                                13 For a full discussion of this practice, see NME     (the Act). The Department published the                Final Rule, 62 FR 27296, 27323 (May 19, 1997).
                                               AD Assessment.                                          notice of initiation of this investigation                5 See Initiation Notice.




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Document Created: 2018-10-26 09:32:14
Document Modified: 2018-10-26 09:32:14
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 January 5, 2018.
ContactRebecca Janz or Ajay Menon, 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) 482-2972 or (202) 482-1993, respectively.
FR Citation83 FR 658 

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