[Federal Register Volume 74, Number 190 (Friday, October 2, 2009)]
[Notices]
[Pages 50956-50957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23798]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-918]


Steel Wire Garment Hangers From the People's Republic of China: 
Final Results of Changed Circumstances Review, and Revocation in Part 
of Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce

DATES: Effective Date: October 2, 2009.
SUMMARY: On March 19, 2009, the Department of Commerce (``Department'') 
published a notice of initiation and preliminary results of antidumping 
duty changed circumstances review with intent to revoke, in part, the 
antidumping duty order \1\ on steel wire garment hangers from the 
People's Republic of China (``PRC'') in the Federal Register. See Steel 
Wire Garment Hangers from the People's Republic of China: Initiation 
and Preliminary Results of Changed Circumstances Review, and Intent to 
Revoke Order in Part, 74 FR 11713 (March 19, 2009) (``Initiation and 
Preliminary Results''). The Department is now revoking the Order, in 
part, with regard to the following product: chrome-plated steel wire 
garment hangers with a diameter of 3.4 mm or greater.
---------------------------------------------------------------------------

    \1\ See Notice of Antidumping Duty Order: Steel Wire Garment 
Hangers from the People's Republic of China, 73 FR 58111 (Oct. 6, 
2008) (``Order'').

FOR FURTHER INFORMATION CONTACT: Blaine Wiltse, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington, DC 20230; telephone 
(202) 482-6345.

Background \2\
---------------------------------------------------------------------------

    \2\ The Department received requests from American Hanger and 
Fixture Corporation on December 1, 2008, and from Econoco 
Corporation on December 3, 2008, for a scope ruling on whether its 
imports of chrome-plated hangers with a diameter of 4.0 mm and 3.4 
mm, respectively, are covered by the Order. However, because the 
Department is, herein, revoking the Order, in part, as it applies to 
imports of chrome-plated steel wire garment hangers with a diameter 
of 3.4 mm or greater, we find that it is unnecessary to individually 
examine these scope requests as the products in question have been 
excluded from the scope of the Order through the final results of 
this changed circumstances review.
---------------------------------------------------------------------------

    On February 3, 2009, the Department received a request on behalf of 
M&B Metal Products Company, Inc. (``Petitioner''), for revocation, in 
part, of the Order, pursuant to sections 751(b)(1) and 782(h) of the 
Tariff Act of 1930, as amended (``Act''), with respect to chrome-plated 
steel wire garment hangers with a diameter of 3.4 mm or greater. In its 
submission, Petitioner stated that it no longer had any interest in 
seeking antidumping relief from imports of such chrome-plated steel 
wire garment hangers, as defined in the ``Scope of the Amended Order'' 
section below. Petitioner further stated that domestic producers Shanti 
Industries Inc. (``Shanti'') and Metro Supply Company (``Metro'') 
(collectively, ``Supporters'') support the request for a changed 
circumstances review that it filed on February 3, 2009. Additionally, 
Petitioner stated in its request that together it and the Supporters 
account for substantially all of the steel wire garment hangers 
production in the United States.
    On March 19, 2009, the Department published a notice of Initiation 
and Preliminary Results of changed circumstances review with intent to 
revoke, in part, the Order with regard to chrome-plated steel wire 
garment hangers with a diameter of 3.4 mm or greater. We invited 
parties to comment on the preliminary results.
    On April 1, 2009, the Department received comments from Merrick 
Engineering, Inc. (``Merrick'') in opposition to the changed 
circumstances review, challenging Petitioner and Supporters' claim that 
they represent substantially all production of the domestic like 
product. The Department received surrebuttal comments from Econoco 
Corporation on April 8, 2009, and from both Petitioner and Target 
Corporation on April 13, 2009.
    On May 29, 2009, the Department requested domestic production data 
for the period April 1, 2008, through March 31, 2009, from Merrick and 
Petitioner. On June 5, 2009, and June 8, 2009, Petitioner and Merrick 
submitted responses to the Department's request for additional 
production information, respectively. On July 8, 2009, the Department 
requested that Petitioner and Merrick each submit their domestic 
production data, for the period April 1, 2008, through March 31, 2009, 
in the form of individual monthly production totals. On July 15, 2009, 
Merrick submitted its monthly production data to the Department. On 
July 15, 2009, Petitioner submitted monthly production data for itself 
and the companies Shanti, and Ganchos N.V. (``Ganchos''). On July 17, 
2009, Petitioner resubmitted its, Shanti's, and Ganchos' monthly 
production data and included monthly production data for Metro. On 
August 19, 2009, Merrick

[[Page 50957]]

withdrew its opposition \3\ to the partial revocation of the Order with 
respect to chrome-plated steel wire garment hangers with a diameter of 
3.4 mm or greater.
---------------------------------------------------------------------------

    \3\ See Letter from Merrick, Re: Steel Wire Garment Hangers From 
the People's Republic of China; A-570-918; Notice of Withdrawal by 
Merrick Engineering, Inc., submitted on August 19, 2009.
---------------------------------------------------------------------------

    On September 3, 2009, the Department requested comments from 
Petitioner with regard to the effective date for the final results of 
this changed circumstances review. On September 9, 2009, Petitioner 
submitted a letter in which it stated that it took no position 
regarding the effective date for the final results in this changed 
circumstances review. On September 11, 2009, the Department received 
comments from Target Corporation requesting that the final results of 
this changed circumstances review be applied retroactively to all 
unliquidated entries.

Scope of the Changed Circumstances Review

    The merchandise covered by this changed circumstances review is 
steel wire garment hangers from the PRC meeting the following criteria: 
the steel wire garment hanger must be chrome-plated with a diameter of 
3.4 mm or greater. Effective upon publication of these final results of 
changed circumstances review in the Federal Register, the amended scope 
of the Order will read as stated below.

Scope of the Amended Order

    The merchandise that is subject to the 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 of the order 
are wooden, plastic, and other garment hangers that are not made of 
steel wire. Also excluded from the scope of the order are chrome-plated 
steel wire garment hangers with a diameter of 3.4 mm or greater. The 
products subject to the order are currently classified under HTSUS 
subheadings 7326.20.0020 and 7323.99.9060.
    Although the HTSUS subheadings are provided for convenience and 
customs purposes, the written description of the merchandise is 
dispositive.

Final Results of Changed Circumstances Review; Partial Revocation of 
Antidumping Duty Order

    In accordance with section 751(b) of the Act and 19 CFR 351.222(g), 
the Department continues to find, as it did in the Initiation and 
Preliminary Results, that U.S. producers representing substantially all 
of the production of the domestic like product pertaining to the part 
of the Order to be revoked have expressed a lack of interest in the 
part of the revoked Order. Specifically, we find that Petitioner and 
Supporters represent substantially all U.S. production of the like 
product, have expressed an affirmative statement of no interest 
concerning chrome-plated steel wire garment hangers with a diameter of 
3.4 mm or greater, as described herein, and that this constitutes 
changed circumstances sufficient to warrant revocation of this Order in 
part. Additionally, although the Department requested domestic 
production data from Merrick and Petitioner, Merrick subsequently 
withdrew its opposition to Petitioner's request to revoke the Order, in 
part. Therefore, the Department finds that there is no domestic 
industry opposition, on the record of this review, to Petitioner's 
request to revoke the Order, in part, with regard to chrome-plated 
steel wire garment hangers with a diameter of 3.4 mm or greater. 
Accordingly, the Department is partially revoking the Order on steel 
wire garment hangers from the PRC with respect to chrome-plated steel 
wire garment hangers with a diameter of 3.4 mm or greater, in 
accordance with sections 751(b), (d) and 782(h) of the Act, and 19 CFR 
351.216(d) and 351.222(g) of the Department's regulations.
    In this changed circumstances review we are revoking the Order, in 
part, retroactively, in accordance with our normal practice for this 
type of changed circumstances review,\4\ to March 25, 2008, (the 
effective date of the Preliminary Determination \5\ in the original 
less-than-fair-value-investigation) because entries on or after this 
date are not yet subject to a final determination of the amount of 
antidumping duty by the Department. We will instruct the U.S. Customs 
and Border Protection to liquidate without regard to antidumping 
duties, as applicable, and to refund any estimated cash deposits 
collected for all unliquidated entries of chrome-plated steel wire 
garment hangers with a diameter of 3.4 mm or greater, meeting the 
specifications indicated above, made on or after March 25, 2008, in 
accordance with 19 CFR 351.222.
---------------------------------------------------------------------------

    \4\ See Stainless Steel Bar From the United Kingdom: Notice of 
Final Results of Changed Circumstances Review and Revocation of 
Order, in Part, 72 FR 65706 (November 23, 2007); see also Notice of 
Final Results of Antidumping Duty Changed Circumstances Review and 
Revocation of Order In Part: Certain Corrosion-Resistant Carbon 
Steel Flat Products from Germany, 71 FR 66163 (November 13, 2006).
    \5\ See Preliminary Determination of Sales at Less Than Fair 
Value: Steel Wire Garment Hangers from the People's Republic of 
China, 73 FR 15726 (March 25, 2008) (``Preliminary Determination'').
---------------------------------------------------------------------------

    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APO''s) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.306. Timely written notification of 
the return/destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and terms of an APO is a sanctionable violation.
    This changed circumstances administrative review, partial 
revocation of the antidumping duty order and notice are in accordance 
with sections 751(b), (d) and 782(h) of the Act, and 19 CFR 351.216(e) 
and 351.222(g).

    Dated: September 24, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-23798 Filed 10-1-09; 8:45 am]
BILLING CODE 3510-DS-P