[Federal Register Volume 78, Number 95 (Thursday, May 16, 2013)]
[Notices]
[Pages 28803-28805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11682]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-918]
Steel Wire Garment Hangers From the People's Republic of China:
Final Results of Antidumping Duty Administrative Review, 2010-2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') published the
preliminary results of the third administrative review of the
antidumping duty order on steel wire garment hangers from the People's
Republic of China (``PRC'') on November 8, 2012.\1\ We gave interested
parties an opportunity to comment on the Preliminary Results. Based
upon our analysis of the comments and information received, we made no
changes to the margin calculations for these final results. The final
dumping margins are listed below in the ``Final Results of the
Administrative Review'' section of this notice. The period of review
(``POR'') is October 1, 2010, through September 30, 2011.
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\1\ See Steel Wire Garment Hangers from the People's Republic of
China: Antidumping Duty Administrative Review, 2010-2011, 77 FR
66952 (November 8, 2012) (``Preliminary Results''), and accompanying
Decision Memorandum.
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DATES: Effective Date: May 16, 2013.
FOR FURTHER INFORMATION CONTACT: Alan Ray, 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)-482-5403.
SUPPLEMENTARY INFORMATION:
Background
The Department published the Preliminary Results on November 8,
2012.\2\ Between December 5, 2012 and December 17, 2012, interested
parties submitted surrogate value data for consideration in the final
results. On January 4, 2013, M&B Metal Products Inc. (``Petitioner''),
submitted a case brief.\3\ On January 9, 2013, Fabriclean Supply Inc.
(``Fabriclean''), a U.S. importer and wholesaler, submitted a rebuttal
brief.\4\ On January 14, 2013, the Department extended the final
results to May 7, 2013.\5\
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\2\ See id.
\3\ See Letter from Petitioner, Third Administrative Review of
Steel Wire Garment Hangers from China--Petitioner's Case Brief,
dated January 4, 2013.
\4\ See Letter from Fabriclean, Steel Wire Garment Hangers from
China: Rebuttal Brief, dated January 9, 2013.
\5\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
through James Doyle, Office Director, from Kabir Archuletta, Case
Analyst, ``Steel Wire Garment Hangers from the People's Republic of
China: Extension of Deadline for Final Results of Antidumping Duty
Administrative Review,'' dated January 14, 2013.
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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 as set forth in the order
remains dispositive.\6\
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\6\ 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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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by interested
parties in this review are addressed in the Issues and Decision
Memorandum.\7\ A list of the issues which parties raised is attached to
this notice as an Appendix. The Issues and Decision Memorandum is a
public document and is on file in the Central Records Unit (``CRU''),
room 7046 of the main Department of Commerce building, as well as
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 CRU. In addition, a complete version of
the Issues and Decision Memorandum can be accessed directly on the
internet at http://www.trade.gov/ia/. The signed Issues and Decision
Memorandum and the electronic versions of the Issues and Decision
Memorandum are identical in content.
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\7\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Import Administration, titled
``Steel Wire Garment Hangers from the People's Republic of China:
Issues and Decision Memorandum for the Final Results of the Third
Administrative Review,'' dated concurrently with this notice
(``Issues and Decision Memorandum'') and hereby adopted by this
notice.
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Changes Since the Preliminary Results
There have been no changes since Preliminary Results.
Non-Market Economy Country
The PRC has been treated as a non-market economy (``NME'') in every
proceeding conducted by the Department. In accordance with section
771(18)(C)(i) of the Tariff Act of 1930, as amended (``the Act''), any
determination that a foreign country is an NME shall remain in effect
until revoked by the administering authority. The Department has not
revoked the PRC's status as an NME and, accordingly, applied the NME
methodology.
Separate Rates
In the Preliminary Results, the Department determined that the
companies that constitute the Shanghai Wells Group \8\ were affiliated,
would be treated as a single entity, and met the criteria for separate
rate status.\9\ At that time, the Department also determined that the
following companies failed to demonstrate their eligibility for a
separate rate: Shangyu Baoxiang Metal Manufactured Co., Ltd. (``Shangyu
Baoxiang''); Zhejiang Lucky Cloud Hanger Co., Ltd. (``Lucky Hanger'');
Shaoxing Zhongbao Metal Manufactured Co., Ltd. (``Shaoxing
[[Page 28804]]
Zhongbao''); Shaoxing Shunji Metal Clotheshorse Co., Ltd. (``Shaoxing
Shunji''); Pu Jiang County Command Metal Products Co., Ltd (``Pu
Jiang''); and Shaoxing Liangbao Metal Manufactured Co., Ltd.
(``Shaoxing Liangbao'').\10\ We have not received any information since
the issuance of the Preliminary Results that provides a basis for
reconsideration of these determinations. Therefore, the Department
continues to find that only the Shanghai Wells Group satisfies the
criteria for a separate rate and will be treated as a single entity.
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\8\ 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).
\9\ See Decision Memorandum at ``Separate Rate Recipients''.
\10\ Id., at ``Separate Rates'' section.
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PRC-Wide Entity and the PRC-Wide Rate
In the Preliminary Results, we determined that those companies
which did not demonstrate eligibility for a separate rate are properly
considered part of the PRC-Wide Entity.\11\ Since the Preliminary
Results, none of the companies which did not file separate-rate
applications or certifications submitted comments regarding this
finding. Therefore, we continue to treat these entities as part of the
PRC-Wide Entity.
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\11\ Id., at ``PRC-Wide Entity and Selection of Adverse Facts
Available (``AFA'') Rate'' sections.
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In the Preliminary Results, the Department calculated the PRC-Wide
Entity Rate using adverse facts available (``AFA'') because (1) the
PRC-Wide Entity withheld requested information, failed to provide
information in a timely manner and in the form requested, and
significantly impeded this proceeding and (2) the PRC-Wide Entity
failed to cooperate to the best of its ability.\12\ In so doing, and
consistent with our practice, the Department relied upon the highest
rate on the record of any segment of the proceeding--187.25
percent.\13\ The Department also corroborated that rate, consistent
with section 776(c) of the Act.\14\ Since the Preliminary Results, no
interested party has submitted any evidence or comments that challenge
the Department's calculation of the PRC-Wide Rate. Therefore, we will
continue to apply a rate of 187.25 percent to the PRC-Wide Entity.
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\12\ The companies that did not cooperate were Shaoxing
Liangbao; Pu Jiang; Shaoxing Shunji; Shaoxing Zhongbao; Shangyu
Baoxiang; and Lucky Hanger.
\13\ Id.
\14\ Id., at ``Corroboration of Information'' section.
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Final Results of the Administrative Review
The weighted-average dumping margins for the POR are as follows:
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Weighted-
average
Exporter dumping margin
(percent)
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Shanghai Wells Group \15\............................... 0.00
PRC-Wide Entity \16\.................................... 187.25
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\15\ The Shanghai Wells Group consists of Shanghai Wells Hanger
Co., Ltd., and Hong Kong Wells Ltd.
\16\ The PRC-Wide Entity includes, among other companies,
Shaoxing Liangbao; Pu Jiang; Shaoxing Shunji; Shaoxing Zhongbao;
Shangyu Baoxiang; and Lucky Hanger.
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Disclosure
We will disclose the calculations performed within five days of the
date of publication of this notice to parties in this proceeding in
accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b),
the Department will determine, and U.S. Customs and Border Protection
(``CBP'') shall assess, antidumping duties on all appropriate entries
of subject merchandise in accordance with the final results of this
review. The Department intends to issue assessment instructions to CBP
15 days after the date of publication of these final results of review.
In these final 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.\17\
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\17\ 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).\18\ Where an
importer- (or customer-) specific ad valorem is greater than de
minimis, the Department will instruct CBP to collect the appropriate
duties at the time of liquidation.\19\ Where an importer- (or customer-
) specific ad valorem is zero or de minimis, the Department will
instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\20\
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\18\ See 19 CFR 351.212(b)(1).
\19\ See id.
\20\ 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 section 751(a)(2)(C) of the Act: (1) For the Shanghai Wells
Group, the cash deposit rate will be its respective rates established
in the final results of this review, except if the rate is zero or de
minimis no cash deposit will be required; (2) for previously
investigated or reviewed PRC and non-PRC exporters not listed above
that have a separate rate, 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 which 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 exporters that
supplied that non-PRC exporter. These deposit requirements, when
imposed, shall remain in effect until further notice.
Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties has occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Order
This notice also serves as a 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, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return or destruction of
APO materials, or conversion to judicial protective order, is hereby
requested. Failure to comply with the regulations
[[Page 28805]]
and terms of an APO is a violation which is subject to sanction.
We are issuing and publishing this administrative review and notice
in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: May 7, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix--Issues and Decision Memorandum
Comment I: Selection of the Surrogate Country
A. Economic Comparability
B. Significant Producer of Comparable Merchandise
C. Data Considerations
D. Financial Statements
Comment II: If the Department Continues to Select the Philippines as
the Primary Surrogate Country, the Department Must Revise the Value
of the Wire Rod and Change the Financial Ratios
Comment III: Treatment of Mandatory Respondents That Did Not
Participate
[FR Doc. 2013-11682 Filed 5-15-13; 8:45 am]
BILLING CODE 3510-DS-P