[Federal Register Volume 78, Number 24 (Tuesday, February 5, 2013)]
[Notices]
[Pages 8107-8108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02635]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-552-813]
Certain Steel Wire Garment Hangers From the Socialist Republic of
Vietnam: Countervailing Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (the Department) and the U.S. International Trade Commission
(ITC), the Department is issuing a countervailing duty order on certain
steel wire garment hangers from the Socialist Republic of Vietnam
(Vietnam).
DATES: Effective Date: February 5, 2013.
FOR FURTHER INFORMATION CONTACT: John Conniff or Robert Copyak, AD/CVD
Operations, Office 8, Import Administration, U.S. Department of
Commerce, Room C-100, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: 202-482-1009 and 202-482-2209,
respectively.
SUPPLEMENTARY INFORMATION:
Case History
In accordance with section 705(d) of the Tariff Act of 1930, as
amended (the Act), on December 26, 2012, the Department published its
final determination in the countervailing duty investigation of certain
steel wire garment hangers from Vietnam.\1\ On January 28, 2013, the
ITC notified the Department of its final determination pursuant to
sections 705(b)(1)(A)(ii) and 705(d) of the Act, that a U.S. industry
is materially injured by reason of imports of steel wire garment
hangers from Vietnam.\2\ In addition, the ITC notified the Department
of its final determination that critical circumstances do not exist
with respect to imports of steel wire garment hangers from Vietnam that
are subject to the Department's final affirmative critical
circumstances finding. Pursuant to section 706(a) of the Act, the
Department is publishing a countervailing duty order on the subject
merchandise.
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\1\ See Certain Steel Wire Garment Hangers From the Socialist
Republic of Vietnam: Final Affirmative Countervailing Duty
Determination and Final Affirmative Critical Circumstances
Determination, 77 FR 75973, (December 26, 2012).
\2\ See Steel Wire Garment Hangers from Vietnam (Investigation
Nos. 701-TA-487 and 731-TA-1198 (Final), USITC Publication 4371,
January 2013).
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Scope of the Order
The merchandise subject to this order 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/or whether or not fashioned with paper covers
or capes (with or without printing) and/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 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 3.4mm or greater.
The products subject to the order 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.
Countervailing Duty Order
On January 28, 2013, the ITC notified the Department of its final
determination, pursuant to section 705(b)(1)(A) of the Act, that an
industry in the United States is materially injured as a result of
subsidized imports from Vietnam. Pursuant to section 706(a) of the Act,
the Department is publishing a countervailing duty order on the subject
merchandise.
As a result of the ITC's final determination, in accordance with
section 706(a) of the Act, the Department will direct CBP to assess,
upon further instruction by the Department, countervailing duties on
unliquidated entries of certain steel wire garment hangers from Vietnam
entered, or withdrawn from warehouse, for consumption on or after June
4, 2012, the date on which the Department published its preliminary
countervailing duty determination in the Federal Register, and before
October 2, 2012, the date on which the Department instructed CBP to
discontinue the suspension of liquidation in accordance with section
703(d) of the Act. Section 703(d) of the Act states that the suspension
of liquidation pursuant to a preliminary determination may not remain
in effect for more than four months. Entries of certain steel wire
garment hangers from Vietnam made on or after October 2, 2012, and
prior to the date of publication of the ITC's final determination in
the Federal Register are not liable for the assessment of
countervailing duties, due to the Department's discontinuation,
effective October 2, 2012, of the suspension of liquidation.
In accordance with section 706 of the Act, the Department will
direct CBP to reinstitute the suspension of certain steel wire garment
hangers from Vietnam, effective the date of publication of the ITC's
notice of final determination in the Federal Register, and to assess,
upon further advice from the Department pursuant to section 706(a)(1)
of the Act, countervailing duties for each entry of the subject
merchandise in an amount based on the net countervailable subsidy rates
for the subject merchandise. On or after the date of publication of the
ITC's final injury determination in the Federal Register, CBP must
require, at the same time as importers would normally deposit estimated
duties on this
[[Page 8108]]
merchandise, a cash deposit equal to the rates noted below:
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Net subsidy ad
Producer/exporter valorem rate
(percent)
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South East Asia Hamico Export Joint Stock Company (SEA 31.58
Hamico), Nam A Hamico Export Joint Stock Company (Nam
A), and Linh Sa Hamico Company Limited (Linh Sa)
(collectively, the Hamico Companies)...................
Infinite Industrial Hanger Limited (Infinite) and 90.42
Supreme Hanger Company Limited (Supreme) (collectively,
the Infinite Companies)................................
All Others.............................................. 31.58
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With regard to the ITC's negative critical circumstances
determination on imports of steel wire garment hangers from Vietnam, we
will instruct CBP to lift suspension and to refund any cash deposit
made, to secure the payment of estimated countervailing duties with
respect to entries of the merchandise entered, or withdrawn from
warehouse, for consumption on or after March 6, 2012 (i.e., 90 days
prior to the publication date of the Preliminary Determination), but
before June 4, 2012, the publication date of the Preliminary
Determination.
This notice constitutes the countervailing duty order with respect
to steel wire garment hangers from Vietnam pursuant to section 706(a)
of the Act. Interested parties may contact the Department's Central
Records Unit, Room 7046 of the main Commerce building, for copies of an
updated list of countervailing duty orders currently in effect.
This countervailing duty order is issued and published in
accordance with sections 705(c)(2) and 706(a) of the Act, and 19 CFR
351.211.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-02635 Filed 2-4-13; 8:45 am]
BILLING CODE 3510-DS-P