[Federal Register Volume 77, Number 41 (Thursday, March 1, 2012)]
[Notices]
[Pages 12553-12555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4875]


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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 and Final Partial Rescission of Second Antidumping Duty 
Administrative Review

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

SUMMARY: On October 28, 2011, the Department of Commerce 
(``Department'') published in the Federal Register the preliminary 
results of the second administrative review of the antidumping duty 
order \1\ on steel wire garment hangers from the People's Republic of 
China (``PRC'').\2\ We gave interested parties an opportunity to 
comment on the Preliminary Results. Based upon our analysis of the 
comments and information received, we made changes to the margin 
calculations for the final results. We continue to find that certain 
exporters have sold subject merchandise at less than normal value 
during the period of review (``POR''), October 1, 2009, through 
September 30, 2010.
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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).
    \2\ See Steel Wire Garment Hangers From the People's Republic of 
China: Preliminary Results and Preliminary Rescission, in Part, of 
the Second Antidumping Duty Administrative Review, 76 FR 66903 
(October 28, 2011) (``Preliminary Results'').

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DATES: Effective Date: March 1, 2012.

FOR FURTHER INFORMATION CONTACT: Bob Palmer, AD/CVD Operations, Office 
9, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and

[[Page 12554]]

Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
9068.

SUPPLEMENTARY INFORMATION: 

Background

    On October 28, 2011, the Department published in the Federal 
Register the Preliminary Results of this administrative review. On 
November 17, 2011, Fabriclean Supply Inc. (``Fabriclean''), a U.S. 
importer, submitted additional surrogate value (``SV'') information.
    On November 28, 2011, Petitioner,\3\ Shanghai Wells Hanger Co., 
Ltd.\4\ (``Shanghai Wells''), and Fabriclean filed case briefs. On 
December 5, 2011, Petitioner filed a rebuttal brief. The Department did 
not hold a public hearing pursuant to 19 CFR 351.310(d), as no 
interested party requested one.
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    \3\ M&B Metal Products Co., Inc. (``Petitioner'').
    \4\ In the first administrative review, the Department found 
that Shanghai Wells, Hong Kong Wells Limited (``HK Wells'') and Hong 
Kong Wells Limited (USA) (``USA Wells'') (collectively, ``Wells 
Group'') are affiliated and that Shanghai Wells and HK Wells 
comprise a single entity. Because there were no changes from the 
previous 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) (``AR 1 Hangers'').
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this review are addressed in the ``Steel Wire Garment Hangers from the 
People's Republic of China: Issues and Decision Memorandum for the 
Final Results of the Second Antidumping Duty Administrative Review,'' 
which is dated concurrently with this notice (``Decision Memo''). A 
list of the issues which parties raised and to which we respond in the 
Decision Memo is attached to this notice as an Appendix. The Decision 
Memo is a public document and is on file electronically via Import 
Administration's Antidumping and Countervailing Duty Centralized 
Electronic Service System (``IA ACCESS''). Access to IA ACCESS is 
available in the Central Records Unit (``CRU''), Main Commerce 
Building, Room 7046. In addition, a complete version of the Decision 
Memo can be accessed directly on the Internet at http://www.trade.gov/ia. The paper copy and electronic versions of the Decision Memo are 
identical in content.

Final Partial Rescission of Review

    Pursuant to 19 CFR 351.213(d)(3), the Department preliminarily 
rescinded the review, in part, with respect to Ningbo Dasheng Hanger 
Ind. Co., Ltd.; Shangyu Baoxiang Metal Manufactured Co., Ltd.; Shaoxing 
Andrew Metal Manufactured; Shaoxing Shunji Metal Clotheshorse Co., 
Ltd.; Shaoxing Gangyuan Metal Manufacture; Shaoxing Tongzhou Metal 
Manufactured Co., Ltd.; Shaoxing Zhongbao Metal Manufactured Co., Ltd.; 
\5\ and Zhejiang Lucky Cloud Hanger Co., Ltd.\6\ Because the Department 
did not receive any information to the contrary, we continue to find 
that these companies did not make any shipments during the POR. Thus, 
for these final results, we are rescinding this review, in part, with 
respect to the eight above-named companies, in accordance with 19 CFR 
351.213(d)(3).
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    \5\ See Decision Memo at Comment 2.
    \6\ See Preliminary Results, 76 FR at 66904.
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Changes Since the Preliminary Results

    Based on comments received from parties regarding our Preliminary 
Results, we have made changes to the surrogate financial ratio 
calculations, the labor surrogate value (``SV''), and the dumping 
margin calculation for Shanghai Wells in the final results.\7\ We have 
also corrected an error contained in the Preliminary Results as alleged 
by Shanghai Wells.\8\
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    \7\ See Decision Memo at Comments 4 and 5; see also Memorandum 
to the File, through Catherine Bertrand, Program Manager, Office 9, 
from Bob Palmer, Case Analyst, Office 9 re: ``Second Administrative 
Review of Steel Wire Garment Hangers from the People's Republic of 
China: Surrogate Values for the Final Results,'' dated concurrently 
with this notice.
    \8\ See Decision Memo at Comments 6; see also Memorandum to the 
File, through Catherine Bertrand, Program Manager, Office 9, from 
Bob Palmer, Case Analyst, Office 9 re: ``Program Analysis for the 
Final Results of Antidumping Duty Administrative Review of Steel 
Wire Garment Hangers from the People's Republic of China: Shanghai 
Wells Hanger Co., Ltd.,'' dated concurrently with this notice.
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Scope of the Order

    The merchandise 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 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 is 
dispositive.

Separate Rates

    In proceedings involving non-market economy (``NME'') countries, it 
is the Department's practice to begin with a rebuttable presumption 
that all companies within the country are subject to government control 
and thus should be assessed a single antidumping duty rate.\9\ In our 
Preliminary Results, we determined that Shanghai Wells met the criteria 
for separate rate status.\10\ We did not receive any information after 
the issuance of the Preliminary Results that provides a basis for the 
reconsideration of our preliminary separate rate determination. 
Therefore, the Department continues to find that Shanghai Wells meets 
the criteria for a separate rate.
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    \9\ See Notice of Final Determination of Sales at Less Than Fair 
Value, and Affirmative Critical Circumstances, In Part: Certain 
Lined Paper Products From the People's Republic of China, 71 FR 
53079, 53080 (September 8, 2006); and Final Determination of Sales 
at Less Than Fair Value and Final Partial Affirmative Determination 
of Critical Circumstances: Diamond Sawblades and Parts Thereof from 
the People's Republic of China, 71 FR 29303, 29307 (May 22, 2006).
    \10\ See Preliminary Results, 76 FR at 66906.
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    Additionally, as stated in the Preliminary Results, because Jiaxing 
Boyi Medical Device Co. (``Jiaxing Boyi''); Pu Jiang County Command 
Metal Products Co., Ltd. (``Command Metal Products''); Shaoxing Guochao 
Metal Products Co., Ltd. (``Guochao Metal Products''); Shaoxing 
Liangbao Metal Manufactured Co., Ltd. (``Shaoxing Liangbao''); Shaoxing 
Meideli Metal Hanger Co., Ltd. (``Meideli''); and Yiwu Ao-Si Metal 
Products Co., Ltd. (``Yiwu'') did not participate in this 
administrative review, we preliminarily assigned to Jiaxing Boyi, 
Command Metal Products, Guochao Metal Products, Shaoxing Liangbao, 
Meideli, and Yiwu total adverse facts available.\11\ We further stated 
that, because of their termination of participation from this 
proceeding, we did not grant these six companies a separate rate and 
considered them part of the PRC-wide entity.\12\ Because we

[[Page 12555]]

have not received any information after the Preliminary Results that 
provides a basis for a reconsideration of that finding, we continue to 
find that these six companies are not eligible for a separate rate for 
these final results and are part of and subject to the PRC-wide entity 
rate.\13\
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    \11\ See Preliminary Results, 76 FR at 66906-08.
    \12\ Id.
    \13\ See Decision Memo at 3.
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PRC-Wide Rate and PRC-Wide Entity

    In the Preliminary Results, the Department used the highest rate 
assigned in any segment of this proceeding (i.e., 187.25 percent) as 
the PRC-wide rate for the current review.\14\ In the Preliminary 
Results, for purposes of corroboration, the Department found that 
margin is both reliable and relevant.\15\ No information has been 
presented in the current review that calls into question the 
reliability of this information and we find it appropriate to continue 
to apply the PRC-wide rate of 187.25 percent for the final results.\16\
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    \14\ See Preliminary Results, 76 FR at 66907, 66908; accord AR 1 
Hangers, 76 FR at 27997.
    \15\ See Preliminary Results, 76 FR at 66307, 66308.
    \16\ See, e.g., Certain Frozen Warmwater Shrimp from the 
People's Republic of China: Notice of Final Results and Rescission, 
In Part, of 2004/2006 Antidumping Duty Administrative and New 
Shipper Reviews, 72 FR 52049, 52051 (September 12, 2007).
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Final Results of Review

    The final weighted-average dumping margins for the POR are as 
follows:

------------------------------------------------------------------------
                                                              Weighted-
                          Exporter                             average
                                                              margin (%)
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Shanghai Wells Hanger Co., Ltd. and/or Hong Kong Wells              0.72
 Limited \17\..............................................
PRC-Wide Entity \18\.......................................       187.25
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Assessment

    Pursuant to 19 CFR 351.212(b)(1), 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. For assessment 
purpose, we calculated importer (or customer)-specific assessment rates 
for merchandise subject to this review. See 19 CFR 351.212(b)(1). Where 
appropriate, we calculated an ad valorem rate for each importer (or 
customer) by dividing the total dumping margins for reviewed sales to 
that party by the total entered values associated with those 
transactions. For duty-assessment rates calculated on this basis, we 
will direct CBP to assess the resulting ad valorem rate against the 
entered customs values for the subject merchandise. Where appropriate, 
we calculated a per-unit rate for each importer (or customer) by 
dividing the total dumping margins for reviewed sales to that party by 
the total sales quantity associated with those transactions. For duty-
assessment rates calculated on this basis, we will direct CBP to assess 
the resulting per-unit rate against the entered quantity of the subject 
merchandise. Where an importer (or customer)-specific assessment rate 
is de minimis (i.e., less than 0.50 percent), the Department will 
instruct CBP to assess that importer's (or customer's) entries of 
subject merchandise without regard to antidumping duties, in accordance 
with 19 CFR 351.106(c)(2). The Department intends to issue assessment 
instructions to CBP 15 days after the date of publication of these 
final results of review.
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    \17\ As stated above, Shanghai Wells and HK Wells comprise a 
single entity. See AR 1 Hangers, 76 FR at 27997 n.10.
    \18\ The PRC-wide entity includes Jiaxing Boyi Medical Device 
Co.; Shaoxing Liangbao Metal Manufactured Co., Ltd.; Pu Jiang County 
Command Metal Products Co., Ltd.; Shaoxing Guochao Metal Products 
Co., Ltd.; Yiwu Ao-Si Metal Products Co., Ltd.; and Shaoxing Meideli 
Metal Hanger Co., Ltd.
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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 from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Tariff Act of 1930, as 
amended (``the Act''): (1) For the exporters listed above, the cash 
deposit rate will be established by the final results of this review; 
(2) for previously investigated or reviewed PRC and non-PRC exporters 
not listed above that have separate rates, 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 established in the final results of this 
review (i.e., 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.

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).

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 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 
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/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 violation 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: February 23, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix I--Decision Memorandum

General Issues

Comment 1: Zeroing
Comment 2: Whether to Rescind the Review with Respect to Zhongbao
Comment 3: Adverse Facts Available for Non-Responsive Companies

Surrogate Values

Comment 4: Selection of Surrogate Financial Statements
Comment 5: Proper Inflator for Labor Surrogate Value

Company-Specific Issue

Comment 6: Correct Importer Name

[FR Doc. 2012-4875 Filed 2-29-12; 8:45 a.m.]
BILLING CODE 3510-DS-P