[Federal Register Volume 77, Number 229 (Wednesday, November 28, 2012)]
[Notices]
[Pages 70993-70994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-28849]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-918]
Steel Wire Garment Hangers From the People's Republic of China:
2011-2012 Initiation of Antidumping Duty New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: November 28, 2012.
SUMMARY: The Department of Commerce (``the Department'') has determined
that a request for a new shipper review (``NSR'') of the antidumping
duty order on steel wire garment hangers from the People's Republic of
China (``PRC'') meets the statutory and regulatory requirements for
initiation.
FOR FURTHER INFORMATION CONTACT: Irene Gorelik, 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: 202-482-6905.
SUPPLEMENTARY INFORMATION:
Background
The antidumping duty order on steel wire garment hangers from the
PRC (``the Order'') was published on October 6, 2008.\1\ On October 22,
2012, pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as
amended (``the Act''), and 19 CFR 351.214, the Department received a
timely request to conduct a NSR of the Order from Hangzhou Yingqing
Material Co. Ltd. and Hangzhou Qingqing Mechanical Co. Ltd. (together,
``Yingqing'').\2\ Yingqing has certified that it is the producer and
exporter of the subject merchandise upon which the request was
based.\3\
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\1\ See Notice of Antidumping Duty Order: Steel Wire Garment
Hangers from the People's Republic of China, 73 FR 58111 (October 6,
2008).
\2\ See generally Yingqing's NSR request dated October 22, 2012.
\3\ See id., at 1.
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Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR
351.214(b)(2)(i), Yingqing certified that it did not export subject
merchandise to the United States during the period of investigation
(``POI'').\4\ In addition, pursuant to section 751(a)(2)(B)(i)(II) of
the Act and 19 CFR 351.214(b)(2)(iii)(A), Yingqing certified that,
since the initiation of the investigation, it has never been affiliated
with any PRC exporter or producer who exported subject merchandise to
the United States during the POI, including those respondents not
individually examined during the investigation.\5\ As required by 19
CFR 351.214(b)(2)(iii)(B), Yingqing also certified that its export
activities were not controlled by the PRC central government.\6\
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\4\ See id., at 2 and Ex. 1.
\5\ See id.
\6\ See id.
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In addition to the certifications described above, pursuant to 19
CFR 351.214(b)(2)(iv), Yingqing submitted documentation establishing
the following: (1) The date on which it first shipped subject
merchandise for export to the United States; (2) the volume of its
first shipment; and (3) the date of its first sale to an unaffiliated
customer in the United States.\7\
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\7\ See id. at 3 and Ex. 2;Yingqing's Letter to the Department
dated November 14, 2012.
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Initiation of New Shipper Reviews
Pursuant to section 751(a)(2)(B) of the Act and 19 CFR
351.214(d)(1), we find that Yingqing's NSR request meets the threshold
requirements for initiation of a NSR for the shipment of steel wire
garment hangers from the PRC produced and exported by Yingqing.\8\ The
period of review (``POR'') is October 1, 2011, through September 30,
2012.\9\ The Department intends to issue the preliminary results of
this NSR no later than 180 days from the date of initiation, and the
final results no later than 270 days from the date of initiation.\10\
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\8\ See ``Memorandum to the File, from Catherine Bertrand,
Program Manager, ``Steel Wire Garment Hangers from the People's
Republic of China: New Shipper Initiation Checklist,'' dated
concurrently with this notice.
\9\ See 19 CFR 351.214(g)(1)(i)(A).
\10\ See section 751(a)(2)(B)(iv) of the Act.
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It is the Department's usual practice, in cases involving non-
market economies (``NMEs''), to require that a company seeking to
establish eligibility for an antidumping duty rate separate from the
NME entity-wide rate provide evidence of de jure and de facto absence
of government control over the company's export activities.
Accordingly, we will issue a questionnaire to Yingqing, which will
include a section requesting information with regard to its export
activities for separate rate purposes. The NSR will proceed if the
response provides sufficient indication that Yingqing is not subject to
either de jure or de facto government control with respect to its
exports of subject merchandise.
We will instruct U.S. Customs and Border Protection to allow, at
the option of the importer, the posting, until the completion of the
NSR, of a bond or security in lieu of a cash deposit for each entry of
the subject merchandise from Yingqing in accordance with section
751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Yingqing
certified that it produced and exported the subject merchandise, the
sale of which is the basis for this NSR request, we will apply the
bonding privilege to Yingqing only for subject merchandise which
Yingqing both produced and exported.
Interested parties requiring access to proprietary information in
this NSR should submit applications for disclosure under administrative
protective order in accordance with 19 CFR 351.305 and 19 CFR 351.306.
This initiation and notice are published in accordance with section
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).
[[Page 70994]]
Dated: November 20, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2012-28849 Filed 11-27-12; 8:45 am]
BILLING CODE 3510-DS-P