[Federal Register Volume 77, Number 62 (Friday, March 30, 2012)]
[Notices]
[Pages 19191-19192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7740]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-918]


Steel Wire Garment Hangers From the People's Republic of China: 
Amended Final Results of the Second Antidumping Duty Administrative 
Review

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

DATES: Effective Date: March 30, 2012.

FOR FURTHER INFORMATION CONTACT: Bob Palmer, AD/CVD Operations, Office 
9, Import Administration, International Trade Administration, 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-0968.

SUPPLEMENTARY INFORMATION: 

Background

    On March 1, 2012, the Department of Commerce (``Department'') 
published the final results of the second administrative review of the 
antidumping duty order on steel wire garment hangers (``hangers'') from 
the People's Republic of China (``PRC'').\1\ On March 5, 2012, 
Petitioner \2\ filed a timely allegation that the Department made two 
ministerial errors in the Final Results and requested, pursuant to 19 
CFR 351.224, that the Department correct the alleged ministerial 
errors. No other party in this proceeding submitted comments on the 
Department's final margin calculations. Based upon our analysis of the 
comments and allegations of ministerial errors, we have made changes to 
the margin calculations for Shanghai Wells Hanger Co., Ltd. (``Shanghai 
Wells'').\3\ Additionally, because no other parties received a separate 
rate in this administrative review, the changes to Shanghai Wells' 
margin will not change the current rates of any other parties.
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    \1\ See Steel Wire Garment Hangers From the People's Republic of 
China: Final Results and Final Partial Rescission of Second 
Antidumping Administrative Review, 77 FR 12553 (March 1, 2012) 
(``Final Results'').
    \2\ M&B Metal Products Co., Inc. (``Petitioner'').
    \3\ In the Final Results, the Department found that 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. See Final Results, 77 FR at 12554 n. 4. Petitioner's 
ministerial error allegations do not challenge, and these amended 
final results do not affect, that determination.
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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.

Amended Final Results of the Review

    The Tariff Act of 1930, as amended (``Act''), defines a 
``ministerial error'' as including ``errors in addition, subtraction, 
or other arithmetic function, clerical errors resulting from inaccurate 
copying, duplication, or the like, and any other type of unintentional 
error which the administering authority considers ministerial.'' \4\ 
After analyzing Petitioner's comments, we have determined that we made 
certain ministerial errors, as defined by section 751(h) of the Act, in 
our calculations for the Final Results.
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    \4\ See section 751(h) of the Act; see also 19 CFR 351.224(f).
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    First, we agree with Petitioner that we made a ministerial error in 
the calculation of the surrogate financial ratios of Nasco Steel Pvt., 
Ltd. (``Nasco''), which were used in Shanghai Wells' margin 
calculation. Specifically, the Department inadvertently excluded 
Nasco's commission on sales from selling, general and administrative 
expenses (SG&A'') for the calculation of surrogate SG&A ratio 
calculation, when we instead intended to include Nasco's commission on 
sales in the surrogate SG&A ratio calculation. Lastly, we agree with 
Petitioner's second ministerial error allegation regarding the 
treatment of the net changes in finished goods inventory in the 
calculation of Sterling Tools Limited's (``Sterling'') surrogate 
financial ratio calculations. Specifically, the Department 
inadvertently excluded the net changes in finished goods in the 
surrogate SG&A and profit ratio calculations for Sterling, when we 
instead intended to include the net changes in finished goods 
inventories in Sterling's SG&A and profit ratios. Additionally, when 
reviewing the financial ratio calculations for J&K Wire Steel 
Industries Ltd. (``JK Wire''), we noted that we made the same 
inadvertent error in JK Wire's SG&A and profit ratio calculation.\5\ 
For a detailed discussion of these ministerial errors, as well as the 
Department's analysis of these errors, see Memorandum to James C. 
Doyle, from Bob Palmer, regarding ``Second Antidumping Duty 
Administrative Review of Steel Wire Garment Hangers from the People's 
Republic of China: Ministerial Error Memorandum,'' dated concurrently 
with this notice (``Ministerial Memo''). The Ministerial 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 Ministerial 
Memo can be accessed directly on the Internet at http://www.trade.gov/ia. The paper copy and electronic versions of the Ministerial Memo are 
identical in content.
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    \5\ Petitioner states we made these adjustments to J&K Wire. 
However, the Department made these adjustments to Bandsidhar 
Granites Pvt. Ltd. (``Bansidhar'') and Nasco's financial ratios. 
Moreover, consistent with the Department's practice, we included net 
changes in traded goods in the SG&A and profit ratios for Bansidhar 
alone, given that we only make such an adjustment when the 
information is available and Bansidhar was the only surrogate 
company with a traded goods line item in its financial statement.
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    Therefore, in accordance with section 751(h) of the Act and 19 CFR 
351.224(e), we are amending the Final Results of the administrative 
review of steel wire garment hangers from the PRC. Listed below are the 
weighted average dumping margins for these amended final results:

[[Page 19192]]



------------------------------------------------------------------------
                                                               Weighted
                                                               average
                          Exporter                              margin
                                                              (percent)
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Shanghai Wells Hanger Co., Ltd. and/or Hong Kong Wells              0.81
 Limited \6\...............................................
PRC-Wide Entity............................................       187.25
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Disclosure
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    \6\ As stated above, Shanghai Wells and HK Wells comprise a 
single entity. See Final Results, 77 FR at 12554 n. 4.
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    We will disclose the calculations performed for these amended final 
results within five days of the date of publication of this notice to 
interested parties 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)(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 
amended 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 
amended final results of review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the amended 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 for by section 751(a)(2)(C) of the Act: (1) For the exporters 
listed above, the cash deposit rate will be established by the amended 
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 amended 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.

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.
    These amended final results are published in accordance with 
sections 751(h) and 777(i)(1) of the Act.

    Dated: March 23, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-7740 Filed 3-29-12; 8:45 am]
BILLING CODE 3510-DS-P