[Federal Register Volume 79, Number 214 (Wednesday, November 5, 2014)]
[Notices]
[Pages 65616-65618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26277]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-918]
Steel Wire Garment Hangers From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review; 2012-
2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the ``Department'') is conducting
the fifth administrative review of the antidumping duty order on steel
wire garment hangers from the People's Republic of China (``PRC'').\1\
The Department selected two respondents for individual review, Shanghai
Wells,\2\ and Ningbo Dasheng Hanger Ind. Co., Ltd., (``Ningbo
Dasheng''). We selected four additional companies as mandatory
respondents, but, they did not participate.\3\ The Department
preliminarily determines that Shanghai Wells sold subject merchandise
in the United States at prices below normal value during the period of
review (``POR''), October 1, 2012, through September 30, 2013. In
addition, we preliminary determine Ningbo Dasheng, and the Non-
Responsive Mandatories failed to cooperate by not acting to the best of
their ability to comply with the Department's request for information,
warranting the application of facts otherwise available with adverse
inferences, pursuant to sections 776(a)-(b) of the Tariff Act of 1930,
as amended (``Act''). As a part of the application of adverse facts
available (``AFA''), we are treating Ningbo Dasheng as part of the PRC-
wide entity. Additionally, we determine that the four other companies
that we selected as mandatory respondents but which did not cooperate
are also part of the PRC-wide entity.\4\ If these preliminary results
are adopted in our final results of review, we will instruct U.S.
Customs and Border Protection (``CBP'') to assess antidumping duties on
all appropriate entries of subject merchandise during the POR. We
invite interested parties to comment on these preliminary results.
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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) (``Order'').
\2\ The Department previously found that Shanghai Wells Hanger
Co., Ltd., Hong Kong Wells Ltd. (``HK Wells'') and Hong Kong Wells
Ltd. (USA) (``Wells USA'') are affiliated and that Shanghai Wells
Hanger Co., Ltd. and HK Wells comprise a single entity
(collectively, ``Shanghai Wells''). Because there were no changes in
this review to the facts that supported that decision, we continue
to find Shanghai Wells Hanger Co., Ltd., HK Wells, and USA Wells are
affiliated and that Shanghai Wells Hanger Co., Ltd. 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).
\3\ These four entities are: (1) Shangyu Baoxiang Metal
Manufactured Co., Ltd. (``Shangyu Baoxiang''), (2) Shaoxing Dingli
Metal Clotheshorse Co., Ltd., (``Shaoxing Dingli'') (3) Zhejiang
Lucky Cloud Hanger Co., Ltd (``Lucky Cloud''), and (4) Shaoxing
Tongzhou Metal Manufactured Co., Ltd., Shaoxing Andrew Metal
Manufactured Co., Ltd., and Shaoxing Gangyuan Metal Manufacture
(collectively, ``the Shaoxing Entity''), (``Non-Responsive
Mandatories''). See the Department's memorandum titled ``Steel Wire
Garment Hangers from the People's Republic of China: Decision
Memorandum for the Preliminary Results of the 2012-2013 Antidumping
Duty Administrative Review,'' (``Preliminary Decision Memorandum''),
dated concurrently with these results and hereby adopted by this
notice.
\4\ See PRC-Wide Entity section infra.
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DATES: Effective Date: November 5, 2014.
FOR FURTHER INFORMATION CONTACT: Alexis Polovina 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:
[[Page 65617]]
Scope of the Order
The product covered by the order is steel wire garment hangers.
This product is classified under the Harmonized Tariff Schedule of the
United States (``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 product description
remains dispositive.\5\
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\5\ See the Preliminary Decision Memorandum for a complete
description of the scope of the Order.
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PRC-Wide Entity
The four Non-Responsive Mandatories failed to respond to the
Department's requests for information and/or declined to participate in
this review. These companies, therefore, are not eligible for separate
rate status.\6\ Ningbo Dasheng failed to cooperate by not acting to the
best of its ability to comply with a request for information, and
therefore, is also not eligible for a separate rate. Accordingly, the
Department preliminarily finds that the PRC-wide entity includes these
companies. Furthermore, because necessary information is not available
on the record and the PRC-Wide entity (including the None-Responsive
Mandatories and Ningbo Dasheng) withheld requested information, failed
to provide information in a timely manner and in the form requested,
and significantly impeded this proceeding, the Department relied on
facts available.\7\ Additionally, the Department finds that the PRC-
Wide entity failed to cooperate by not acting to the best of its
ability to comply with a request for information.\8\ Therefore,
pursuant to section 776(b) of the Act, the Department used an adverse
inference when selecting from among the facts otherwise available.\9\
Thus, the Department relied on AFA in order to determine a margin for
the PRC-wide entity, pursuant to sections 776(a)(1), 776(a)(2)(A), (B),
(C) and 776(b) of the Act.\10\
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\6\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 78 FR
72630, 72631 (December 3, 2013).
\7\ See sections 776(a)(1) and (2)(A)-(C) of the Act.
\8\ See section 776(b) of the Act.
\9\ See also Statement of Administrative Action accompanying the
Uruguay Round Agreements Act, H.R. Doc. No. 103-316, Vol. 1, at 870
(1994).
\10\ See the Preliminary Decision Memorandum at the sections
pertaining to ``PRC-Wide Entity'' and ``Selection of Adverse Facts
Available (``AFA'') Rate'' for a discussion of the AFA rate.
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During the review, 23 companies for which a review was requested
did not file a separate rate application or certification, nor did they
file a no shipments certification.\11\ Accordingly, because these
companies did not demonstrate their eligibility for a separate rate,
the Department preliminarily determines that they are also part of the
PRC-wide entity.
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\11\ See the Preliminary Decision Memorandum at the sections
pertaining to ``PRC-Wide Entity.''
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Preliminary Determination of No Shipments
On January 31, 2014, Hangzhou Yingqing Material Co., Ltd. and
Hangzhou Qingqing Mechanical Co., Ltd. filed no shipment
certifications.\12\ On February 6, 2014, the Department sent inquiries
to CBP to determine whether CBP entry data are consistent with Hangzhou
Yingqing Material Co., Ltd. and Hangzhou Qingqing Mechanical Co.,
Ltd.'s no shipments certifications and received no information contrary
to that statement from CBP. As such, we preliminarily determine that
Hangzhou Yingqing Material Co., Ltd. and Hangzhou Qingqing Mechanical
Co., Ltd. had no shipments during the POR.\13\
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\12\ See letter from Hangzhou Yingqing Material Co., Ltd., and
Hangzhou Qingqing Mechanical Co., Ltd., regarding, Resubmit No Sales
Certification, dated January 31, 2014.
\13\ See Certain Hot-Rolled Flat-Rolled Carbon Quality Steel
Flat Products From Brazil: Notice of Rescission of Antidumping Duty
Administrative Review, 75 FR 65453, 65454 (October 25, 2010);
Certain Circular Welded Carbon Steel Pipes and Tubes from Taiwan:
Notice of Intent to Rescind Administrative Review, 74 FR 3559, 3560
(January 21, 2009); and Certain In-Shell Raw Pistachios from Iran:
Rescission of Antidumping Duty Administrative Review, 73 FR 9292,
9293 (February 20, 2008).
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In addition, the Department finds that consistent with its
announced refinement to its assessment practice in NME cases, it is
appropriate not to rescind the review in part in this circumstance but,
rather, to complete the review with respect to Hangzhou Yingqing
Material Co., Ltd. and Hangzhou Qingqing Mechanical Co., Ltd., and
issue appropriate instructions to CBP based on the final results of the
review.\14\
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\14\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) and the
``Assessment Rates'' section, below.
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Methodology
The Department conducted this review in accordance with section
751(a)(1)(B) of the Act. We calculated constructed export prices and
export prices 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, we calculated normal value in accordance with section 773(c) of
the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum, dated
concurrently with these results and hereby adopted by this notice.\15\
The Preliminary Decision Memorandum is a public document and is on file
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 to all parties in the Central Records Unit
(``CRU''), Room 7046 of the main Department of Commerce building. In
addition, parties can obtain a complete version of the Preliminary
Decision Memorandum on the Internet at http://trade.gov/enforcement/frn/index.html. The signed Preliminary Decision Memorandum and the
electronic versions of the Preliminary Decision Memorandum are
identical in content.
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\15\ See Preliminary Decision Memorandum.
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Preliminary Results of Review
Regarding the administrative review, the Department preliminarily
determines that the following weighted-average dumping margins exist
for the period October 1, 2012, through September 30, 2013:
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Weighted-
average
Exporter dumping margin
(percent)
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Shanghai Wells Hanger Co., Ltd. \16\.................... 14.53
PRC-Wide Entity......................................... 187.25
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Disclosure, Public Comment and Opportunity To Request a Hearing
The Department will disclose the calculations used in its analysis
to parties in this review within five days of the date of publication
of this notice.\17\
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\16\ Shanghai Wells consists of Shanghai Wells Hanger Co., Ltd.,
and Hong Kong Wells Ltd.
\17\ See 19 CFR 351.224(b).
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Interested parties may submit case briefs within 30 days after the
date of publication of these preliminary results of review in the
Federal Register.\18\ Rebuttals to case briefs, which must be limited
to issues raised in the case briefs, must be filed within five days
after the time limit for filing case briefs.\19\ Parties who submit
arguments are requested to submit with the argument: (1) A statement of
the issue
[[Page 65618]]
(2) a brief summary of the argument, not to exceed five pages, and (3)
a table of authorities.\20\
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\18\ See 19 CFR 351.309(c)(1)(ii).
\19\ See 19 CFR 351.309(d)(1)-(2).
\20\ See 19 CFR 351.309(c) and (d).
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Any interested party may request a hearing within 30 days of
publication of this notice.\21\ Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations will be limited to issues raised in
the case and rebuttal briefs.\22\ If a party requests a hearing, 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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\21\ See 19 CFR 351.310(c).
\22\ Id.
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The Department intends to issue the final results of this review,
including the results of its analysis of the issues raised in any
written briefs, not later than 120 days after the date of publication
of this notice, pursuant to section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, the Department will determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by this review.\23\ The Department intends to issue assessment
instructions to CBP 15 days after the publication date of the final
results of review.
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\23\ See 19 CFR 351.212(b).
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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.\24\
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\24\ 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 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).\25\ 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.\26\ 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.\27\ 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.\28\
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\25\ See 19 CFR 351.212(b)(1).
\26\ Id.
\27\ Id.
\28\ 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 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.
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.
Dated: October 31, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Attachment--List of Topics Discussed in the Preliminary Decision
Memorandum
1. Background
2. Respondent Selection
3. Scope of the Order
4. Affiliations
5. Preliminary Determination of No Shipments
6. PRC-Wide Entity
7. NME Country Status
8. Separate Rates
9. Separate Rates Recipients
10. Application of Facts Available and Use of Adverse Inference
11. Application of Total AFA to the PRC-Wide Entity
12. Selection of AFA Rate
13. Corroboration of Information
14. Surrogate Country and Surrogate Value Data
15. Surrogate Country
16. Date of Sale
17. Determination of Comparison Method
18. Results of Differential Pricing Analysis
19. U.S. Price
20. Value-Added Tax
21. Normal Value
22. Factor Valuations
23. Company Specific Issues
24. Currency Conversion
25. Conclusion
[FR Doc. 2014-26277 Filed 11-4-14; 8:45 a.m.]
BILLING CODE 3510-DS-P