Drawn Stainless Steel Sinks From the People's Republic of China: Final Results of the Expedited First Sunset Review of the Antidumping Duty Order
Federal Register, Volume 83 Issue 140 (Friday, July 20, 2018)
Federal Register Volume 83, Number 140 (Friday, July 20, 2018)
Notices
Pages 34544-34545
From the Federal Register Online via the Government Publishing Office www.gpo.gov
FR Doc No: 2018-15569
Page 34544
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DEPARTMENT OF COMMERCE
International Trade Administration
A-570-983
Drawn Stainless Steel Sinks From the People's Republic of China: Final Results of the Expedited First Sunset Review of the Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY: As a result of this sunset review, the Department of Commerce (Commerce) finds that revocation of the antidumping duty order would be likely to lead to the continuation or recurrence of dumping at the levels indicated in the ``Final Results of Review'' section of this notice.
DATES: Applicable July 20, 2018.
FOR FURTHER INFORMATION CONTACT: Joshua Tucker, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2044.
SUPPLEMENTARY INFORMATION:
Background
On April 11, 2013, Commerce published its antidumping duty order on drawn stainless steel sinks from China.\1\ On March 5, 2018, Commerce published the notice of initiation of the first sunset review of the antidumping duty order on drawn stainless steel sinks from China pursuant to section 751(c) of the Act.\2\ On March 16, 2018, Commerce received a notice of intent to participate from Elkay Manufacturing Company (Elkay), a domestic interested party, within the deadline specified in 19 CFR 351.218(d)(1)(i).\3\ Elkay claimed interested party status under section 771(9)(C) of the Act as a producer of drawn stainless steel sinks in the United States.
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\1\ See Drawn Stainless Steel Sinks from the People's Republic of China: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 78 FR 21592 (April 11, 2013) (Order).
\2\ See Initiation of Five-Year (Sunset) Reviews, 83 FR 9279 (March 5, 2018).
\3\ See Letter from Elkay ``First Five-Year (`Sunset') Review of Antidumping Duty Order on Drawn
Stainless Steel Sinks from the People's Republic of China/Elkay Manufacturing Company's Notice of Intent to Participate,'' dated March 16, 2018.
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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 Antidumping Duty Order on Drawn Stainless Steel Sinks from the People's Republic of China/Substantive Response to the Notice Of Initiation,'' dated April 2, 2018.
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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 antidumping 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 dumping and the magnitude of the dumping margin likely to prevail if the order were revoked. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and to all in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content.
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\7\ See Memorandum ``Issues and Decision Memorandum for the Expedited First Sunset Review of the Antidumping Duty Order on Drawn Stainless Steel Sinks from the People's Republic of China,'' dated concurrently with this notice (Issues and Decision Memorandum).
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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 antidumping duty order on drawn stainless steel sinks from China would be likely to lead to the continuation or recurrence of dumping and that the magnitude of the dumping margins likely to prevail would be weighted-average dumping margins up to 76.53 percent.\8\
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\8\ The PRC-wide rate determined in the investigation was 76.53 percent. See Drawn Stainless Steel Sinks from the People's Republic of China: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 78 FR 21592, 21594 (April 11, 2013). This rate was adjusted for export subsidies and estimated domestic subsidy pass through to determine the cash deposit rate (76.45 percent) collected for companies in the PRC-wide entity. See explanation in Drawn Stainless Steel Sinks from the People's Republic of China: Investigation, Final Determination, 78 FR 13019, 13025 (February 26, 2013).
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Page 34545
Notification to Interested Parties
This notice also serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or destruction of APO materials or conversion to judicial protective orders is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction.
We are issuing and publishing the final results and this notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act and 19 CFR 351.218.
Dated: July 2, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.
FR Doc. 2018-15569 Filed 7-19-18; 8:45 am
BILLING CODE 3510-DS-P
