[Federal Register Volume 77, Number 217 (Thursday, November 8, 2012)]
[Notices]
[Pages 66952-66954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27337]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-918]
Steel Wire Garment Hangers From the People's Republic of China:
Antidumping Duty Administrative Review, 2010-2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is conducting
the third administrative review of steel wire garment hangers from the
People's Republic of China (``PRC'') for the period October 1, 2010,
through September 30, 2011. The Department has preliminarily determined
that Shanghai Wells Hanger Co., Ltd., Hong Kong Wells Ltd., (USA), and
Hong Kong Wells Ltd.,\1\ did not sell subject merchandise in the United
States at prices below normal value (``NV'').
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\1\ The Department previously found that Shanghai Wells Hanger
Co., Ltd. (``Shanghai Wells''), Hong Kong Wells Ltd. (``HK Wells'')
and Hong Kong Wells Ltd. (USA) (``Wells USA'') are affiliated and
that Shanghai Wells and HK Wells comprise a single entity
(collectively, ``Shanghai Wells Group''). Because there were no
changes in this review, we continue to find Shanghai Wells, HK
Wells, and USA Wells are affiliated and that Shanghai Wells and HK
Wells comprise a single entity. See Steel Wire Garment Hangers From
the People's Republic of China: Preliminary Results and Preliminary
Rescission, in Part, of the First Antidumping Duty Administrative
Review, 75 FR 68758, 68761 (November 9, 2010), unchanged in First
Administrative Review of Steel Wire Garment Hangers From the
People's Republic of China: Final Results and Final Partial
Rescission of Antidumping Duty Administrative Review, 76 FR 27994,
27996 (May 13, 2011).
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DATES: Effective November 8, 2012.
FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, AD/CVD Operations,
Office 9, Import Administration, International Trade Administration,
Department of Commerce, 14th Street and Constitution Avenue NW,
Washington, DC 20230; telephone: (202) 482-2593.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise that is subject to the order is steel wire garment
hangers. The products subject to the order are currently classified
under U.S. Harmonized Tariff Schedule (``HTSUS'') subheadings
7326.20.0020, 7323.99.9060, and 7323.99.9080. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the merchandise remains dispositive.\2\
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\2\ See Notice of Antidumping Duty Order: Steel Wire Garment
Hangers from the People's Republic of China, 73 FR 58111 (October 6,
2008).
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Withdrawal of Requests for Review
On February 28, 2012, M&B Metal Products Co., Inc (``Petitioner''),
withdrew its request for an administrative review of 52 of the 59
companies under review.\3\ On July 11, 2012, the Department published a
notice of rescission in the Federal Register for those companies for
which the request for review was withdrawn and which also had a
separate rate from a previous segment of this proceeding.\4\ The
Department stated that it would address the disposition of the
remaining withdrawn companies that do not have a separate rate in the
preliminary results of this review.\5\
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\3\ See Letter from Petitioner to the Secretary of Commerce
``Third Administrative Review of Steel Wire Garment Hangers from
China--Petitioner's Withdrawal of Review Requests for Specific
Companies'' (February 28, 2012).
\4\ See Steel Wire Garment Hangers From the People's Republic of
China: Partial Rescission of Antidumping Duty Administrative Review,
77 FR 40853, 40854 (July 11, 2012).
\5\ See id. at 77 FR 40854 n.5.
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The deadline to file a separate rate application, separate rate
certification, or a notification of no sales, exports or entries, is 60
days after the initiation of the administrative review,\6\ which in
this case was January 29, 2012. Therefore, as of January 30, 2012, the
remaining companies under review that did not demonstrate eligibility
for a separate rate effectively became part of the PRC-wide entity.
Accordingly, while the requests for review of those companies were
withdrawn by Petitioner on February 28, 2012, those withdrawn companies
remain under review as part of the PRC-wide entity, and the Department
will make a determination with respect to the PRC-wide entity in these
preliminary results and, ultimately, the final results.\7\
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\6\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation In Part, 76 FR
74041, 74041 (November 30, 2011).
\7\ The following companies are considered part of the PRC-wide
entity for these preliminary results: Brightwell (Hong Kong)
Enterprise Ltd.; Delmar International (China Inc.; Hangzhou Chenyang
Plastic Dipping Co., Ltd.; Hezhou City Yaolong Trade Co Ltd; Jiaxing
Boyi Medical Device Co. Ltd.; Jingdezhen Honghe Im. & Ex. Trade Co.
Ltd.; Kingtex Imp & Exp Co., Ltd.; Mao's Clothes Hangers Co., Ltd.;
Ningbo Beilun Huafa Metal Products; Quanzhou Xiongxin Trade Co.,
Ltd.; Quyky Yanglei International Co., Ltd.; Shaan Xi Succeed
Tradeing Co., Ltd.; Shandong Autjinrong Found-Assemble Co., Ltd.;
Shanghai Almex Co., Ltd.; Shanghai China Light Industry
International; Shanghai Jinda Imp & Exp Inc.; Shanghai M2M Imp. Exp.
Co., Ltd.; Shanghai Mosta Wath & Clock Imp. Exp.; Shanghai Ruishan
Metal Products Co., Ltd.; Shanghai Sagacity International; Shanghai
Sanmao Import & Export; Shanghai Shengsing Enterprise Co.; Shanghai
Textile Raw Materials; Shanghai Textile United Co., Ltd.; Shanghai
Yangfan Industrial Co., Ltd.; Shanghai Zonghui Int Trade Co., Ltd.;
Shaoxing Guochao Metallic Products Co., Ltd.; Shaoxing Kinglaw Metal
Products Co., Ltd.; Shaoxing Leiluo Metal Manufactured; Shaoxing
Meideli Metal Manufactured Co., Ltd.; Shenzhen SED Industry Co.,
Ltd., a/k/a Shenzhen SED Electronics Co.; Suzhou Daoyuan Import &
Export Co., Ltd.; Suzhou Hengsheng Import & Export Co., Ltd.; Wesken
International (Kunshan) Co., Ltd.; Winwell Industrial Ltd.; Yiwu
An'tai Imp. Exp. Co., Ltd.; Yiwu Ao-si Metal Products Co., Ltd.;
Zhejiang Jiashan Rigging Industry Co., Ltd.; Zhejiang Perfect Arts &
Crafts Co., Ltd.; Zhejiang Tatzhou Hongda Metal Products Co., Ltd.
(a/k/a Taizhou Hongda Metal Materials Co., Ltd.); Zhejiang Willing
Foreign Trading Co. Ltd.; and Zhuocheng Plastic Co., Ltd. Petitioner
also withdrew its requests for review of Angang Clothes Rack
Manufacture Co. (``Angang'') and Laidlaw Company, LLC (``Laidlaw''),
neither of which are producers/exporters located in the PRC.
However, if these preliminary results are adopted in our final
results, any of Angang or Laidlaw's PRC-origin exports of subject
merchandise made during the POR shall be liquidated at the PRC-wide
rate.
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Methodology
The Department is conducting this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (``the Act'').
Constructed export prices and export prices have been calculated in
accordance with section 772 of the Act. Because the PRC is a nonmarket
economy within the meaning of section 771(18) of the Act, normal value
has been calculated in accordance with section 773(c). Specifically,
the Shanghai Wells Group's factors of production have been valued using
Philippine prices, a country that is economically comparable to the PRC
and that is a significant producer of comparable merchandise.
For a full description of the methodology underlying our
conclusions, please see the Preliminary Decision Memorandum.\8\ The
[[Page 66953]]
Preliminary Decision Memorandum is a public document and is on file
electronically via Import Administration's Antidumping and
Countervailing Duty Centralized Electronic Service System (``IA
ACCESS''). IA ACCESS is available to registered users at http://iaaccess.trade.gov and in the Central Records Unit (``CRU''), room 7046
of the main Department of Commerce building. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
on the Internet at http://www.trade.gov/ia/. The signed Preliminary
Decision Memorandum and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
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\8\ See ``Decision Memorandum for Preliminary Results for the
Antidumping Duty Administrative Review of Steel Wire Garment Hangers
from the People's Republic of China,'' (``Preliminary Decision
Memorandum'') from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Import Administration, dated concurrently
with these results and hereby adopted by this notice.
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Preliminary Results of Review
The Department determines that the following preliminary dumping
margins exist for the period October 1, 2010, through September 30,
2011:
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Weighted-average
Manufacturer/Exporter dumping margin
(percent)
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Shanghai Wells Group \9\....................... 0.00
PRC-Wide Entity................................ 187.25
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\9\ The Shanghai Wells Group consists of Shanghai Wells Hanger Co.,
Ltd., and Hong Kong Wells Ltd., (USA).
Disclosure and Public Comment
The Department will disclose the calculations used in our analysis
to parties in this review within five days of the date of publication
of this notice.\10\ Interested parties are invited to comment on the
preliminary results of this review. The Department will consider case
briefs filed by interested parties within 30 days after the date of
publication of this notice in the Federal Register.\11\ Interested
parties may file rebuttal briefs, limited to issues raised in the case
briefs.\12\ The Department will consider rebuttal briefs filed not
later than five days after the time limit for filing case briefs.\13\
Parties who submit arguments are requested to submit with each argument
a statement of the issue, a brief summary of the argument, and a table
of authorities cited.\14\
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\10\ See 19 CFR 351.224(b).
\11\ See 19 CFR 351.309(c)(1)(ii).
\12\ See 19 CFR 351.309(d)(1)-(2).
\13\ See id.
\14\ See 19 CFR 351.309(c)(2), (d)(2).
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Interested parties, who wish to request a hearing, or to
participate if one is requested, must submit a written request to the
Assistant Secretary for Import Administration, U.S. Department of
Commerce, filed electronically using IA ACCESS. An electronically filed
document must be received successfully in its entirety by the
Department's electronic records system, IA ACCESS, by 5 p.m. Eastern
Time within 30 days after the date of publication of this notice.\15\
Requests should contain the party's name, address, and telephone
number; the number of participants; and a list of the issues to be
discussed.\16\ Issues raised in the hearing will be limited to those
raised in the respective case briefs. If a request for a hearing is
made, the Department will inform parties of the scheduled date for the
hearing which will be held at the U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230, at a time and
location to be determined. Parties should confirm by telephone the
date, time, and location of the hearing.
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\15\ See 19 CFR 351.310(c).
\16\ See id.
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Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, the Department intends to issue the final results of this
administrative review, including the results of our analysis of issues
raised in the written comments, within 120 days of publication of these
preliminary results in the Federal Register, pursuant to section
751(a)(3)(A) of the Act.
Deadline for Submission of Publicly Available Surrogate Value
Information
In accordance with 19 CFR 351.301(c)(3)(ii), for the final results
of this administrative review, interested parties may submit publicly
available information to value factors of production (``FOPs'') within
20 days after the date of publication of these preliminary results.
Interested parties must provide the Department with supporting
documentation for the publicly available information to value each FOP.
Additionally, in accordance with 19 CFR 351.301(c)(1), for the final
results of this administrative review, interested parties may submit
factual information to rebut, clarify, or correct factual information
submitted by an interested party less than ten days before, on, or
after, the applicable deadline for submission of such factual
information. However, the Department notes that 19 CFR 351.301(c)(1)
permits new information only insofar as it rebuts, clarifies, or
corrects information recently placed on the record. The Department
generally cannot accept the submission of additional, previously
absent-from-the-record alternative surrogate value information pursuant
to 19 CFR 351.301(c)(1).\17\
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\17\ See Glycine From the People's Republic of China: Final
Results of Antidumping Duty Administrative Review and Final
Rescission, in Part, 72 FR 58809 (October 17, 2007) and accompanying
Issues and Decision Memorandum at Comment 2.
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Assessment Rates
Upon issuance of the final results, the Department will determine,
and U.S. Customs and Border Protection (``CBP'') shall assess,
antidumping duties on all appropriate entries covered by this
review.\18\ The Department intends to issue assessment instructions to
CBP 15 days after the publication date of the final results of this
review. In these preliminary results, the Department applied the
assessment rate calculation method adopted in Final Modification for
Reviews, i.e., on the basis of monthly average-to-average comparisons
using only the transactions associated with that importer with offsets
being provided for non-dumped comparisons.\19\
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\18\ See 19 CFR 351.212(b).
\19\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8103 (February 14,
2012) (``Final Modification for Reviews'').
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Where the respondent has reported reliable entered values, we
calculated importer (or customer)-specific ad valorem rates by
aggregating the dumping margins calculated for all U.S. sales to each
importer (or customer) and dividing this amount by the total entered
value of the sales to each importer (or customer).\20\ Where the
Department calculated a weighted-average dumping margin by dividing the
total amount of dumping for reviewed sales to that party by the total
sales
[[Page 66954]]
quantity associated with those transactions, the Department will direct
CBP to assess importer-specific assessment rates based on the resulting
per-unit rates.\21\ Where an importer- (or customer-) specific ad
valorem or per-unit rate is greater than de minimis, the Department
will instruct CBP to collect the appropriate duties at the time of
liquidation.\22\ Where an importer- (or customer-) specific ad valorem
or per-unit rate is zero or de minimis, the Department will instruct
CBP to liquidate appropriate entries without regard to antidumping
duties.\23\
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\20\ See 19 CFR 351.212(b)(1).
\21\ See id.
\22\ See id.
\23\ See 19 CFR 351.106(c)(2).
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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 entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided by sections 751(a)(2)(C) of the Act: (1) For the exporters
listed above, the cash deposit rate will be established in the final
results of this review (except, if the rate is zero or de minimis, then
no cash deposit will be required); (2) for previously investigated or
reviewed PRC and non-PRC exporters not listed above that received a
separate rate in a prior segment of this proceeding, the cash deposit
rate will continue to be the exporter-specific rate published for the
most recent period; (3) for all PRC exporters of subject merchandise
that have not been found to be entitled to a separate rate, the cash
deposit rate will be the PRC-wide rate of 187.25 percent; and (4) for
all non-PRC exporters of subject merchandise which have not received
their own rate, the cash deposit rate will be the rate applicable to
the PRC exporter that supplied that non-PRC 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)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This determination is issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).
Dated: November 1, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-27337 Filed 11-7-12; 8:45 am]
BILLING CODE 3510-DS-P