[Federal Register Volume 77, Number 199 (Monday, October 15, 2012)]
[Notices]
[Pages 62492-62493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25291]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-849]
Steel Wire Garment Hangers From Taiwan: Final Determination of
Sales at Less Than Fair Value
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the ``Department'') has determined
that imports of steel wire garment hangers (``hangers'') from Taiwan
are being, or are likely to be, sold in the United States at less than
fair value (``LTFV''), as provided in section 735 of the Tariff Act of
1930, as amended (the ``Act''). The estimated margins of sales at LTFV
are listed in the ``Continuation of Suspension of Liquidation'' section
of this notice.
DATES: Effective Date: October 15, 2012
FOR FURTHER INFORMATION CONTACT: Paul Walker, AD/CVD Operations, Office
9, Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone-202.482.0413.
SUPPLEMENTARY INFORMATION:
Background
On August 2, 2012, the Department published in the Federal Register
the Preliminary Determination in the antidumping duty investigation of
hangers from Taiwan.\1\ No interested party provided case briefs or
rebuttal briefs.
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\1\ See Steel Wire Garment Hangers from Taiwan: Preliminary
Determination of Sales at Less than Fair Value, 77 FR 46055 (August
2, 2012) (``Preliminary Determination'').
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Period of Investigation
The period of investigation (``POI'') is October 1, 2010, through
September 30, 2011.
Scope of Investigation
The merchandise subject to this investigation is steel wire garment
hangers, fabricated from carbon steel wire, whether or not galvanized
or painted, whether or not coated with latex or epoxy or similar
gripping materials, and whether or not fashioned with paper covers or
capes (with or without printing) or nonslip features such as saddles or
tubes. These products may also be referred to by a commercial
designation, such as shirt, suit, strut, caped, or latex (industrial)
hangers.
Specifically excluded from the scope of the investigation are (a)
wooden, plastic, and other garment hangers that are not made of steel
wire; (b) steel wire garment hangers with swivel hooks; (c) steel wire
garment hangers with clips permanently affixed; and (d) chrome plated
steel wire garment hangers with a diameter of 3.4 mm or greater.
The products subject to the investigation are currently classified
under U.S. Harmonized Tariff Schedule (``HTSUS'') subheadings
7326.20.0020 and 7323.99.9080. Although the HTSUS subheadings are
provided for convenience and customs purposes, the written description
of the merchandise is dispositive.
Final Determination of Sales at LTFV
As noted in the Preliminary Determination, because the antidumping
duty questionnaires sent to the selected respondent, Golden Canyon Ltd.
(``Golden Canyon''), were returned as undeliverable, in accordance with
our practice, we classified Golden Canyon as an unlocated company and
assigned it the all others rate.\2\ For the other selected respondent,
Taiwan Hanger Manufacturing Co., Ltd. (``Taiwan Hanger''), in the
Preliminary Determination we applied facts otherwise available with an
adverse inference, because Taiwan Hanger twice received the
questionnaire, and then returned the questionnaire to the Department at
a later date.\3\ We note that our determination here with respect to
Golden Canyon and Taiwan Hanger is identical to our determination in
the Preliminary Determination.\4\
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\2\ See, e.g., Chrome-Plated Lug Nuts from Taiwan; Preliminary
Results of Antidumping Duty Administrative Review, 64 FR 55234,
55234 (October 12, 1999), unchanged in Chrome-Plated Lug Nuts from
Taiwan; Final Results of Antidumping Duty Administrative Review, 65
FR 7491 (February 15, 2000).
\3\ See Memorandum to the File, ``Steel Wire Hangers from
Taiwan: Questionnaire Delivery Attempts,'' dated July 26, 2012,
which details our attempts to deliver the questionnaires to Golden
Canyon and Taiwan Hanger.
\4\ See Preliminary Determination at 46056.
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Continuation of Suspension of Liquidation
Pursuant to section 735(c)(1)(B) of the Act, we will instruct U.S.
Customs and Border Protection (``CBP'') to continue to suspend
liquidation of all entries of hangers from Taiwan which were entered,
or withdrawn from warehouse, for consumption on or after August 2,
2012, the date of publication of the Preliminary Determination. We will
instruct CBP to require a cash deposit or the posting of a bond equal
to the weighted-average margins, as indicated below, as follows: (1)
The rates for Golden Canyon and Taiwan Hanger will be the rates we have
determined in this final determination; (2) if the exporter is not a
firm identified in this investigation but the producer is, the rate
will be the rate established for the producer of the subject
merchandise; (3) the rate for all other producers or exporters will be
69.98 percent, as discussed in the ``All Others Rate'' section, below.
These suspension-of-liquidation instructions will remain in effect
until further notice.
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Margin
Manufacturer/Exporter (percent)
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Golden Canyon Ltd........................................... 69.98
Taiwan Hanger Manufacturing Co., Ltd........................ 125.43
All Others Rate............................................. 69.98
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All Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated all
others rate shall be an amount equal to the weighted average of the
estimated
[[Page 62493]]
weighted-average dumping margins established for exporters and
producers individually investigated excluding any zero or de minimis
margins and any margins determined entirely under section 776 of the
Act. No respondent has participated in this investigation. Therefore,
as noted in the Preliminary Determination, because the only dumping
margins for this final determination are found in the petition, the all
others rate is a simple average of these values, which is 69.98
percent.\5\
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\5\ See Initiation Checklist, dated January 18, 2012, at
Attachment V; see, e.g., Certain Steel Nails from the United Arab
Emirates: Amended Final Determination of Sales at Less Than Fair
Value and Antidumping Duty Order, 77 FR 27421 (May 10, 2012) (where
the Department determined the all others rate using a simple
average).
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Disclosure
We intend to disclose to parties in this proceeding the
calculations performed within five days of the date of publication of
this notice in accordance with section 351.224(b) of the Department's
regulations.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we have notified the
International Trade Commission (``ITC'') of our final determination. As
our final determination is affirmative and in accordance with section
735(b)(2) of the Act, the ITC will determine, within 45 days, whether
the domestic industry in the United States is materially injured, or
threatened with material injury, by reason of imports or sales (or the
likelihood of sales) for importation of the subject merchandise. If the
ITC determines that such injury does exist, the Department will issue
an antidumping duty order directing CBP to assess antidumping duties on
all imports of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the effective date of the
suspension of liquidation.
Notification Regarding Administrative Protective Order
This notice also serves as a final reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with section 351.305 of the Department's regulations.
Timely notification of the destruction of APO materials or conversion
to judicial protective order is hereby requested. Failure to comply
with the regulations and the terms of an APO is a sanctionable
violation.
This determination is issued and published pursuant to sections
735(d) and 777(i)(l) of the Act.
Dated: October 9, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-25291 Filed 10-12-12; 8:45 am]
BILLING CODE 3510-DS-P