[Federal Register Volume 79, Number 105 (Monday, June 2, 2014)]
[Notices]
[Pages 31298-31301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-12730]
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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 and New Shipper
Review, 2011-2012
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On November 25, 2013, the Department of Commerce (``the
Department'') published the Preliminary Results of the fourth
administrative review and new shipper review (``NSR'') of the
antidumping duty order on steel wire garment hangers from the People's
Republic of China (``PRC'').\1\ We invited parties to comment on the
Preliminary Results. Based on our analysis of the comments and
information received, we made changes to the final margin calculations
of Shanghai Wells Hanger Co., Ltd. (``Shanghai Wells'') \2\ and
Hangzhou Yingqing Material Co. Ltd. (``Yingqing''), as noted below.
Listed below in the ``Final Results of the Administrative and New
Shipper Reviews'' section of this notice are the final dumping margins.
The period of review (``POR'') is October 1, 2011, through September
31, 2012.
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\1\ See Steel Wire Garment Hangers From the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative Review
and New Shipper Review; 2011-2012, 78 FR 70271 (November 25, 2013)
(``Preliminary Results'').
\2\ 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. Because
there were no changes in this review to the facts that supported
that decision, 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 Date: June 2, 2014.
FOR FURTHER INFORMATION CONTACT: Frances Veith or Josh Startup, AD/CVD
Operations, Office V, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-4295 or (202)
482-5260, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published the Preliminary Results on November 25,
2013. Between January 6, 2014, and January 16, 2014, interested parties
submitted surrogate value (``SV'') data for consideration in the final
results. The Department conducted the verification of Shanghai Wells on
December 10 through 13, 2013, in Shanghai, China, and December 16,
through 18, 2013, in Hong Kong.\3\ On February 24, 2014, M&B Metal
Products Inc. (``Petitioner'') and Fabriclean Supply Inc.
(``Fabriclean''), a U.S. importer and wholesaler, submitted case briefs
in the administrative review; and Petitioner and Hangzhou Yingqing
Material Co. Ltd. (``Yingqing'') submitted case briefs in the NSR. On
March 4, 2014, Petitioner and Fabriclean submitted rebuttal briefs in
the administrative review; and Petitioner and Yingqing submitted
rebuttal case briefs in the NSR. On January 15, 2014, the Department
extended the final results to May 27, 2014.\4\
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\3\ See the Department's Memorandum titled, ``Verification of
the Sales and Factors Responses of Shanghai Wells Hangers Co., Ltd.
(``Shanghai Wells'') in the Administrative Review of the Antidumping
Duty Order on Steel Wire Garment Hangers (``Hangers'') from the
People's Republic of China,'' dated January 27, 2014.
\4\ See the Department's Memorandum titled, ``Steel Wire Garment
Hangers from the People's Republic of China: Extension of Deadline
for Final Results of Antidumping Duty Administrative Review and New
Shipper Review,'' dated January 15, 2014.
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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 remains dispositive. A full
description of the scope of the order is contained in the Issues and
Decision Memorandum,\5\ which is hereby adopted by this notice.
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\5\ See the Department's Memorandum, titled ``Steel Wire Garment
Hangers from the People's Republic of China: Issues and Decision
Memorandum for the Final Results of the Fourth Antidumping Duty
Administrative Review and New Shipper Review'' dated concurrently
with this notice (``Issues and Decision Memorandum'').
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Respondent Selection
On December 13, 2012, Petitioner submitted comments on respondent
selection that also included allegations pertaining to certain
shipments of
[[Page 31299]]
subject merchandise that entered during the POR. Petitioner questions
whether the antidumping duty rate applied to these shipments upon entry
is correct.\6\ The Department intends to refer this information to U.S.
Customs and Border Protection (``CBP'') for further investigation.
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\6\ See Letter from Petitioner to the Secretary of Commerce
``Comments on Respondent Selection'' (December 13, 2012) at 3-4 and
Exhibit 3.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by interested
parties in these reviews are addressed in the Issues and Decision
Memorandum. 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 Enforcement and Compliance'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/enforcement/. The signed Issues and
Decision Memorandum and the electronic versions of the Issues and
Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on comments parties submitted regarding our Preliminary
Results, we made changes to the surrogate financial ratio calculations
for both respondents, the steel wire rod SV for Shanghai Wells, and the
hydrochloric acid SV for Yingqing.\7\ Additionally, we used the
importer field to calculate Shanghai Wells' importer-specific
assessment rates.\8\
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\7\ See Issues and Decision Memorandum, at Comments 2, 4, 7, 8,
and 9.
\8\ Id., at Comment 12.
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Non-Market Economy Country
The Department treated the PRC 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, we applied
the NME methodology.
Separate Rates
In the Preliminary Results, the Department determined that Shanghai
Wells and the new shipper, Yingqing, met the criteria for separate rate
status.\9\ At that time, seven companies failed to respond to the
Department's request for information and/or declined to participate in
the administrative review.\10\ Therefore, the Department also
determined that the following seven companies failed to demonstrate
their eligibility for a separate rate: (1) Shaoxing Dingli Metal
Clotheshorse Co., Ltd., (2) Shaoxing Tongzhou Metal Manufactured Co.,
Ltd., (3) Shaoxing Andrew Metal Manufactured Co., Ltd., (4) Shaoxing
Gangyuan Metal Manufacture, (5) Shaoxing Shunji Metal Clotheshorse Co.,
Ltd., (6) Shaoxing Guochao Metallic Products Co., Ltd., and (7) Ningbo
Dasheng Hanger Ind. Co., Ltd.\11\ Additionally, the Department
preliminarily determined that, because Shanghai Jianhai International
Trade Co., Ltd. (``Jianhai'') and Hangzhou Qingqing Mechanical Co. Ltd.
(``Qingqing'') did not file a separate rate application or
certification, or a no shipments certification, Jianhai and Qingqing
did not demonstrate their eligibility for a separate rate, and are also
part of the PRC-wide entity.\12\
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\9\ See Preliminary Results, and accompanying Preliminary
Decision Memorandum at 9-10.
\10\ Id., 78 FR at 70272.
\11\ Id.
\12\ Id.
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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
Yingqing and Shanghai Wells satisfy the criteria for a separate rate.
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 part of
the PRC-wide Entity.\13\ 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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\13\ Id.
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Further, in the Preliminary Results, seven of the companies the
Department selected as mandatory respondents in the administrative
review failed to respond to the Department's requests for information
and/or declined to participate in this review.\14\ These companies,
therefore, are not eligible for separate-rate status.\15\ Accordingly,
the Department determines that the PRC-wide entity includes these seven
companies. We also continue to find the PRC-wide entity continues to
include the 10 companies Petitioner submitted a timely request for
withdraw of review, but which did not have a separate rate.\16\
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\14\ These seven companies are: (1) Shaoxing Dingli Metal
Clotheshorse Co., Ltd., (2) Shaoxing Tongzhou Metal Manufactured
Co., Ltd., (3) Shaoxing Andrew Metal Manufactured Co., Ltd., (4)
Shaoxing Gangyuan Metal Manufacture, (5) Shaoxing Shunji Metal
Clotheshorse Co., Ltd., (6) Shaoxing Guochao Metallic Products Co.,
Ltd., and (7) Ningbo Dasheng Hanger Ind. Co., Ltd.
\15\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 77 FR
71575 (December 3, 2012).
\16\ See Preliminary Results, and accompanying Preliminary
Decision Memorandum at PRC-wide Entity section. The ten companies
are: Liaoning Metals & Mineral Imp/Exp Corp., Shanghai Guoxing Metal
Products Co. Ltd., Shanghai Lian Development Co. Ltd., Shanghai
Shuang Qiang Embroidery Factory, Shangyu Baoxiang Metal Manufactured
Co. Ltd., Shang Zhou Leather Shoes Plant, Shaoxing Shuren Tie Co.,
Ltd., Shaoxing Zhongbao Metal Manufactured Co., Ltd., Shaoxing
Zhongdi Foreign Trade Co., Ltd., Zhejiang Lucky Cloud Hanger Co.,
Ltd.
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In addition, in the Preliminary Results, the Department calculated
the PRC-wide Entity Rate using adverse facts available (``AFA'')
because: (1) The PRC-wide Entity, which includes these seven companies,
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, which includes these seven
companies, failed to cooperate to the best of its ability.\17\ In so
doing, and consistent with our practice, the Department relied upon the
highest rate on the record of any segment of the proceeding, i.e.,
187.25 percent.\18\ The Department also corroborated that rate,
consistent with section 776(c) of the Act.\19\ Since the Preliminary
Results, no interested party submitted any evidence or comments that
challenge the Department's determination 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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\17\ See sections 776(a)(2)(A), (B), (C) and 776(b) of the Act.
\18\ Id.
\19\ See Preliminary Results, and accompanying Preliminary
Decision Memorandum at ``Corroboration of Information'' section.
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Final Results of the Administrative and New Shipper Reviews
Regarding the administrative review, the following weighted-average
dumping margins exist for the period
[[Page 31300]]
October 1, 2011, through September 30, 2012:
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Weighted-
Exporter average
margin (%)
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Shanghai Wells Hanger Co., Ltd.\20\........................ 2.52
PRC-wide Entity \21\....................................... 187.25
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Regarding the NSR, the following weighted-average dumping margin
exists for the period October 1, 2011, through September 30, 2012:
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\20\ Shanghai Wells consists of Shanghai Wells Hanger Co., Ltd.,
and Hong Kong Wells Ltd.
\21\ The PRC-wide entity includes all companies for which the
Department initiated a review but did not establish their
eligibility for a separate rate: (1) Shaoxing Dingli Metal
Clotheshorse Co., Ltd., (2) Shaoxing Tongzhou Metal Manufactured
Co., Ltd., (3) Shaoxing Andrew Metal Manufactured Co., Ltd., (4)
Shaoxing Gangyuan Metal Manufacture, (5) Shaoxing Shunji Metal
Clotheshorse Co., Ltd., (6) Shaoxing Guochao Metallic Products Co.,
Ltd., (7) Shanghai Jianhai International Trade Co., Ltd., (8) Ningbo
Dasheng Hanger Ind. Co., Ltd., (9) Liaoning Metals & Mineral Imp/Exp
Corp., (10) Shanghai Guoxing Metal Products Co. Ltd., (11) Shanghai
Lian Development Co. Ltd., (12) Shanghai Shuang Qiang Embroidery
Factory, (13) Shangyu Baoxiang Metal Manufactured Co. Ltd., (14)
Shang Zhou Leather Shoes Plant, (15) Shaoxing Shuren Tie Co., Ltd.,
(16) Shaoxing Zhongbao Metal Manufactured Co., Ltd., (17) Shaoxing
Zhongdi Foreign Trade Co., Ltd., (18) Zhejiang Lucky Cloud Hanger
Co., Ltd., and (19) Hangzhou Qingqing Mechanical Co. Ltd.
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Weighted-average
Exporter Producer margin (%)
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Hangzhou Yingqing Material Co. Hangzhou Qingqing 40.99
Ltd.. Mechanical Co.
Ltd..
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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 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.
Where the respondent 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).\22\ 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 quantity associated with those transactions, the Department will
direct CBP to assess importer-specific assessment rates based on the
resulting per-unit rates.\23\ 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.\24\ 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.\25\
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\22\ See 19 CFR 351.212(b)(1).
\23\ Id.
\24\ Id.
\25\ See 19 CFR 351.106(c)(2).
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The Department announced a refinement to its assessment practice in
non-market economy cases. Pursuant to this refinement in practice, for
entries that were not reported in the U.S. sales databases submitted by
companies individually examined during this review, the Department will
instruct CBP to liquidate such entries at the PRC-wide rate.
Additionally, if the Department determines that an exporter had no
shipments of the subject merchandise, any suspended entries that
entered under that exporter's case number (i.e., at that exporter's
rate) will be liquidated at the PRC-wide rate.\26\
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\26\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of these reviews for shipments of the
subject merchandise from the PRC 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 companies listed above,
the cash deposit rate will be established in the final results of these
reviews (except, if the rate is zero or de minimis, then zero 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.
With respect to Yingqing, the NSR respondent, the Department
established a combination cash deposit rate for this company consistent
with its practice as follows: (1) For subject merchandise produced by
Qingqing and exported by Yingqing, the cash deposit rate will be the
rate established for Yingqing in the final results of the NSR; (2) for
subject merchandise exported by Yingqing, but not produced by Qingqing,
the cash deposit rate will be the rate for the PRC-wide entity; and (3)
for subject merchandise produced by Qingqing but not exported by
Yingqing, the cash deposit rate will be the rate applicable to the
exporter.
These deposit requirements, when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice also serves as a final 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.
Administrative Protective Orders
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
[[Page 31301]]
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. We request a timely written notification of the return or
destruction of APO materials, or conversion to judicial protective
order. Failure to comply with the regulations 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 27, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--Issues and Decision Memorandum
Comment 1: Selection of the Surrogate Country
Comment 2: Selection of Financial Statements
Comment 3: Whether to Apply Fact Available to the Drapery Tubes and
Trouser Guards Shipped Separately by Shanghai Wells
Comment 4: Valuation of Wire Rod
Comment 5: Valuation of Brokerage and Handling (``B&H'')
Comment 6: Calculation of Truck Freight
Comment 7: Calculation of Financial Ratios
Comment 8: Valuation of Hydrochloric Acid (``HCL'')
Comment 9: Valuation of Thinner
Comment 10: Valuation of Paint
Comment 11: Valuation of Corrugated Paperboard
Comment 12: Assigning Adverse Facts Available (``AFA'') to the Seven
Mandatory Respondents That Failed to Respond to the Department's
Questionnaire
Comment 13: Calculating Importer-Specific Assessment Rates Using the
Importer Field Rather than the Customer Field
Comment 14: Rejection of Yingqing's Factual Submission After the
Preliminary Results
[FR Doc. 2014-12730 Filed 5-30-14; 8:45 am]
BILLING CODE 3510-DS-P