[Federal Register Volume 73, Number 158 (Thursday, August 14, 2008)]
[Notices]
[Pages 47587-47592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18851]


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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 Determination of Sales at Less Than Fair Value

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

DATES: Effective Date: August 14, 2008.
SUMMARY: On March 25, 2008, the Department of Commerce (``Department'') 
published its preliminary determination of sales at less than fair 
value (``LTFV'') in the antidumping investigation of steel wire garment 
hangers (``hangers'') from the People's Republic of China (``PRC''). On 
April 14, 2008, the Department published its amended preliminary 
determination. The period of investigation (``POI'') is January 1, 
2007, to June 30, 2007. We invited interested parties to comment on our 
preliminary determination of sales at LTFV. Based on our analysis of 
the comments we received, we have made changes to our calculations for 
the mandatory respondents. The final dumping margins for this 
investigation are listed in the ``Final Determination Margins'' section 
below.

FOR FURTHER INFORMATION CONTACT: Irene Gorelik or Julia Hancock, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230; telephone: (202) 482-6905 or (202) 482-1394, respectively.

Final Determination

    We determine that hangers from the PRC are being, or are likely to 
be, sold in the United States at LTFV as provided in section 735 of the 
Tariff Act of 1930, as amended (``the Act''). The estimated margins of 
sales at LTFV are shown in the ``Final Determination Margins'' section 
of this notice.

SUPPLEMENTARY INFORMATION:

[[Page 47588]]

Case History

    The Department published its preliminary determination of sales at 
LTFV on March 25, 2008. 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''). 
Due to a significant ministerial error, the Department published its 
amended preliminary determination of sales at LTFV on April 14, 2008. 
See Steel Wire Garment Hangers from the People's Republic of China: 
Amended Preliminary Determination of Sales at Less Than Fair Value and 
Postponement of Final Determination 73 FR 20018 (April 14, 2008) 
(``Amended Preliminary Determination''). Additionally, the Department 
postponed the deadline for the final determination by 60 days to August 
7, 2008. See id. at 20020-20021. On April 24, 2008, certain separate 
rate respondents represented by Greenberg Traurig \1\ (``Greenberg 
Respondents'') filed a timely request for a public hearing. Between May 
21, 2008, and June 6, 2008, the Department conducted verifications of 
Shanghai Wells Hanger Co., Ltd. (``Shanghai Wells'') and the Shaoxing 
Metal Companies.\2\ See the ``Verification'' section below for 
additional information.
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    \1\ These companies are: United Wire Hanger Corporation, Laidlaw 
Company, Zhejiang Lucky Cloud Hanger Co., Ltd., Shangyu Baoxiang 
Metal Product Co., Ltd., Shaoxing Dingli Metal Clotheshorse Co., 
Shaoxing Meideli Metal Hanger Co., Ltd., Shaoxing Shunji Metal 
Clotheshorse Co., Ltd., and Shaoxing Zhongbao Metal Manufactured Co. 
Ltd., Shaoxing Liangbao Metal Manufactured Co. Ltd.
    \2\ The Shaoxing Metal Companies consist of: Shaoxing Gangyuan 
Metal Manufactured Co., Ltd. (``Gangyuan''), Shaoxing Andrew Metal 
Manufactured Co., Ltd. (``Andrew''), Shaoxing Tongzhou Metal 
Manufactured Co., Ltd. (``Tongzhou''), and Company X. The Department 
normally does not consider a respondent's supplier's name to be 
business proprietary information. However, in this instance, counsel 
for the Shaoxing Metal Companies bracketed this information as 
business proprietary and the Department did not challenge this 
treatment. See Memorandum to the File from Julia Hancock, Senior 
Case Analyst: Program Analysis for the Final Determination of 
Antidumping Duty Investigation of Steel Wire Garment Hangers from 
the People's Republic of China: Shaoxing Metal Companies, (August 7, 
2008) (``Shaoxing Final Analysis Memo'') for more information 
regarding the identity of this company; Shaoxing Metal Companies' 
Request for Collapsing, (February 26, 2008) at 15.
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    On June 27, 2008, we invited parties to comment on the Department's 
proposed change to the scope language within the Preliminary 
Determination. On July 7, 2008, Petitioner \3\ and Home Products 
(Shanghai) Co., Ltd., and Willert Home Products, Inc. (collectively 
``Willert'') submitted comments regarding the Department's proposed 
scope language change. Additionally, Willert included a scope 
clarification request in its comments dated July 7, 2008, which the 
Department addresses in the ``Analysis of Comments Received'' and 
``Scope Modifications'' sections below.
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    \3\ The Petitioner is M&B Metal Products Company Inc.
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    Upon the July 3, 2008, release of the second of two verification 
reports,\4\ we invited parties to comment on the Preliminary 
Determination. On July 10, 2008, Petitioner, Shanghai Wells, the 
Shaoxing Metal Companies, and other interested parties filed case 
briefs. On July 11, 2008, the Department rejected the case brief 
submitted by the Greenberg Respondents because it contained untimely, 
new factual information. See the Department's letter to all interested 
parties dated July 11, 2008. On July 11, 2008, the Greenberg 
Respondents resubmitted their revised case brief, which the Department 
also rejected because the untimely, new information had not been 
properly redacted in its entirety. See the Department's letter to all 
interested parties dated July 14, 2008. On July 15, 2008, the Greenberg 
Respondents resubmitted their case brief with the untimely, new 
information redacted in its entirety. On July 15, 2008, the Shaoxing 
Metal Companies, Shanghai Wells, and Petitioner filed rebuttal briefs. 
On July 17, 2008, the Greenberg Traurig Respondents withdrew their 
request for a public hearing, leaving no public hearing request on the 
record.
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    \4\ See Memorandum to the File through Catherine Bertrand, 
Program Manager, Office 9, from Irene Gorelik, Senior Case Analyst: 
Verification of the Sales and Factors Response of Shanghai Wells 
Hanger Co., Ltd. in the Antidumping Investigation of Steel Wire 
Garment Hangers from the People's Republic of China (``PRC'') (July 
1, 2008) (``Shanghai Wells Verification Report''), and Memorandum to 
the File through Catherine Bertrand, Program Manager, Office 9, from 
Julia Hancock, Senior Case Analyst: Verification of the Sales and 
Factors Response of the Shaoxing Metal Companies in the Antidumping 
Investigation of Steel Wire Garment Hangers from the People's 
Republic of China (``PRC''), (July 3, 2008) (``Shaoxing Metal 
Verification Report'').
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this investigation are addressed in the ``Investigation of Steel Wire 
Garment Hangers from the People's Republic of China: Issues and 
Decision Memorandum,'' dated August 7, 2008 (``Issues and Decision 
Memorandum''), which is hereby adopted by this notice. A list of the 
issues which parties raised and to which we respond in the Issues and 
Decision Memorandum is attached to this notice as an appendix. The 
Issue and Decision Memorandum is a public document and is on file in 
the Central Records Unit (``CRU''), Main Commerce Building, Room 1117, 
and is accessible on the World Wide Web at http://www.trade.gov/ia. The 
paper copy and electronic version of the memorandum are identical in 
content.

Changes Since the Preliminary Determination

    Based on our analysis of information on the record of this 
investigation, and comments received from the interested parties, we 
have made changes to the margin calculations for the Shaoxing Metal 
Companies and Shanghai Wells. We have revalued several of the surrogate 
values used in the Preliminary Determination. The values that were 
modified for this final determination are those for surrogate financial 
ratios, steel scrap, and the wage rate. For further details see Issues 
and Decision Memorandum at Comments 3, 6, and 7, and Memorandum to the 
File from Julia Hancock, through Catherine Bertrand, Program Manager, 
AD/CVD Operations, Office 9, and James C. Doyle, Director, AD/CVD 
Operations, Office 9; Steel Wire Garment Hangers from the People's 
Republic of China: Surrogate Values for the Final Determination, dated 
August 7, 2008 (``Final Surrogate Value Memo'').
    In addition, we have made some company-specific changes since the 
Preliminary Determination. Specifically, we have incorporated, where 
applicable, post-preliminary clarifications based on verification and 
corrected certain clerical errors for Shanghai Wells. We have also 
applied partial adverse facts available, where applicable, for various 
findings from verification of both companies. For further details on 
these company-specific changes, see Issues and Decision Memorandum at 
Comments 8 and 9.

Scope Modifications

    Since the publication of the Preliminary Determination, the 
Department became concerned that certain language in the scope might 
create opportunities for circumvention. Therefore, on June 27, 2008, 
the Department invited interested parties to comment on a proposed 
change to the scope language. See Letter to All Interested Parties, 
dated June 27, 2008. As stated above, Willert and Petitioner submitted 
comments. Specifically, Petitioner stated that it supported the 
Department's proposed change to the scope of the investigation. 
Consequently, we are modifying the scope to include language that the

[[Page 47589]]

Department proposed in its June 27, 2008, letter.
    Willert briefly referenced the Department's proposed change to the 
scope but focused its comments on a scope clarification request 
regarding its vinyl-dipped steel wire garment hangers, which we address 
fully in the Issues and Decision Memorandum at Comment 1. We are 
denying Willert's scope modification request because both the 
Department and Petitioner remain concerned about the possibility of 
circumvention under Willert's proposed exclusion. See Issues and 
Decision Memorandum at Comment 1.

Scope of Investigation

    The merchandise that is subject to this investigation 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 this 
investigation are wooden, plastic, and other garment hangers that are 
not made of steel wire. The products subject to this investigation are 
currently classified under HTSUS subheading 7326.20.0020 and 
7323.99.9060.
    Although the HTSUS subheading is provided for convenience and 
customs purposes, the written description of the merchandise is 
dispositive.

Affiliations

    In the Preliminary Determination, the Department determined that, 
based on the evidence on the record in this investigation and based on 
the evidence presented in Gangyuan's questionnaire responses, we 
preliminarily found that Gangyuan is affiliated with Andrew, Tongzhou, 
and Company X \5\ pursuant to sections 771(33)(E), (F), and (G) of the 
Act, based on ownership and common control. See Preliminary 
Determination, 73 FR at 15729. In addition to being affiliated, we 
stated that these individual companies have production facilities for 
similar or identical products that would not require substantial 
retooling and there is a significant potential for manipulation of 
production based on the level of common ownership and control, shared 
management, and an intertwining of business operations. See 19 CFR 
351.401(f)(1) and (2). Thus, we also found that they should be 
considered as a single entity known as the Shaoxing Metal Companies for 
purposes of this investigation. See 19 CFR 351.401(f).
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    \5\ Company X is business proprietary information. See 
Memorandum to the File from Julia Hancock, Senior Case Analyst: 
Program Analysis for the Final Determination of Antidumping Duty 
Investigation of Steel Wire Garment Hangers from the People's 
Republic of China: Shaoxing Metal Companies, (August 7, 2008) 
(``Shaoxing Final Analysis Memo'') for more information regarding 
the identity of this company.
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    No other information has been placed on the record since the 
Preliminary Determination to contradict the above information upon 
which we based our finding that these companies constitute a single 
entity. Therefore, for the final determination, we continue to find 
that the Shaoxing Metal Companies are a single entity pursuant to 
sections 771(33)(E), (F), and (G) of the Act, based on ownership and 
common control. We also continue to determine that they should be 
considered as a single entity for purposes of this investigation. See 
19 CFR 351.401(f).

Use of Facts Available

    Section 776(a)(2) of the Act provides that, if an interested party: 
(A) Withholds information that has been requested by the Department; 
(B) fails to provide such information in a timely manner or in the form 
or manner requested, subject to sections 782(c)(1) and (e) of the Act; 
(C) significantly impedes a proceeding under the antidumping statute; 
or (D) provides such information but the information cannot be 
verified; the Department shall, subject to subsection 782(d) of the 
Act, use facts otherwise available in reaching the applicable 
determination.
    Section 782(c)(1) of the Act provides that if an interested party 
``promptly after receiving a request from {the Department{time}  for 
information, notifies {the Department{time}  that such party is unable 
to submit the information requested in the requested form and manner, 
together with a full explanation and suggested alternative form in 
which such party is able to submit the information,'' the Department 
may modify the requirements to avoid imposing an unreasonable burden on 
that party.
    Section 782(d) of the Act provides that, if the Department 
determines that a response to a request for information does not comply 
with the request, the Department will inform the person submitting the 
response of the nature of the deficiency and shall, to the extent 
practicable, provide that person the opportunity to remedy or explain 
the deficiency. If that person submits further information that 
continues to be unsatisfactory, or this information is not submitted 
within the applicable time limits, the Department may, subject to 
section 782(e), disregard all or part of the original and subsequent 
responses, as appropriate.
    Section 782(e) of the Act states that the Department shall not 
decline to consider information deemed ``deficient'' under section 
782(d) if: (1) The information is submitted by the established 
deadline; (2) the information can be verified; (3) the information is 
not so incomplete that it cannot serve as a reliable basis for reaching 
the applicable determination; (4) the interested party has demonstrated 
that it acted to the best of its ability; and (5) the information can 
be used without undue difficulties.
    Furthermore, section 776(b) of the Act states that if the 
Department ``finds that an interested party has failed to cooperate by 
not acting to the best of its ability to comply with a request for 
information from the administering authority..., the administering 
authority..., in reaching the applicable determination under this 
title, may use an inference that is adverse to the interests of that 
party in selecting from among the facts otherwise available.'' See also 
Statement of Administrative Action (``SAA'') accompanying the Uruguay 
Round Agreements Act (URAA), H.R. Rep. No. 103-316, Vol. 1 at 870 
(1994), reprinted in 1994 U.S.C.C.A.N. 4040, 4199.

Shanghai Wells

    For the final determination, in accordance with sections 
773(c)(3)(B) and 776(a)(1) of the Act, we have determined that the use 
of neutral facts available (``FA'') is required for Shanghai Wells's 
consumption of drawing powder used in the production of subject 
merchandise as a factor of production rather than an overhead expense, 
as reported by Shanghai Wells. See Issues and Decision Memorandum at 
Comment 2. As neutral FA, we are using the public version of the 
consumption ratio reported by Shaoxing Gangyuan, one of the companies 
within the single entity, Shaoxing Metal Companies, the other mandatory 
respondent in this investigation. See Memorandum to the File from Irene 
Gorelik, Senior Case Analyst: Program Analysis for the Final 
Determination of Antidumping Duty Investigation of Steel Wire Garment 
Hangers from the People's Republic of China: Shanghai Wells (August 7, 
2008) (``Shanghai Wells Final Analysis Memo''), for further details on 
the treatment of drawing powder. See also Final Surrogate Value Memo 
for the surrogate value used to value drawing powder.

[[Page 47590]]

    Additionally, for the final determination, in accordance with 
sections 773(c)(3)(B) of the Act, section 776(a)(2)(A), (B) and (D) of 
the Act, and section 776(b) of the Act, we have determined that the use 
of adverse facts available (``AFA'') is warranted for Shanghai Wells's 
unreported consumption of water that is used in its production process. 
See Issues and Decision Memorandum at Comment 9D; Shanghai Wells 
Verification Report at 2, 35. As partial AFA, we are using Gangyuan's 
public version consumption ratios for water, which is the only 
available consumption ratio on the record. Additionally, in accordance 
with sections 773(c)(3)(B) of the Act, section 776(a)(2)(A), (B) and 
(D) of the Act, and section 776(b) of the Act, we have determined that 
the use of AFA is warranted for Shanghai Wells's unreported consumption 
of lubricant lard that is used in the production process. See id. To 
account for Shanghai Wells's lubricant lard, because Gangyuan did not 
use lubricant lard in the production of subject merchandise and as 
there is no lubricant lard consumption information on the record, the 
Department will use Gangyuan's water consumption ratio a second time as 
a proxy for the lubricant lard. We find this to be appropriate because 
Shanghai Wells uses two lubricant inputs in the wire rod drawing 
process, and we are using the only record information on lubricant 
inputs as the AFA plug for each lubricant input used by Shanghai Wells. 
Given the limited information on the record, we find this to be a 
sufficient basis for an adverse inference.

Shaoxing Metal Companies

    For the final determination, in accordance with section 
776(a)(2)(B) of the Act, we have determined that the use of partial 
neutral FA is required for the Shaoxing Metal Companies' consumption of 
water. See Issues and Decision Memorandum at Comment 8D. As partial FA, 
we are using certain months of reported data during the POI to 
calculate an average of the Shaoxing Metal Companies' average actual 
consumption of water. See Memorandum to the File from Julia Hancock, 
Senior Case Analyst: Program Analysis for the Final Determination of 
Antidumping Duty Investigation of Steel Wire Garment Hangers from the 
People's Republic of China: Shaoxing Metal Companies, (August 7, 2008) 
(``Shaoxing Final Analysis Memo'') for further details on the treatment 
of water.
    Additionally, for the final determination, in accordance with 
sections 776(a)(2)(A), (B) and (D) of the Act, and section 776(b) of 
the Act, we have determined that the use of AFA is warranted for the 
Shaoxing Metal Companies' unverified white paper inputs, brown paper 
inputs, and steel scrap sales. See Issues and Decision Memorandum at 
Comment 8E; the Shaoxing Metal Verification Report, at 33-34, 37, and 
46-47. As partial AFA for Gangyuan's and Andrew's white paper, we have 
assigned Tongzhou's highest verified usage ratio of white paper on the 
record as the usage ratio for Gangyuan's and Andrew's consumption of 
white paper. Additionally, as partial AFA for the Gangyuan's, Andrew's, 
and Tongzhou's brown paper, we have assigned the highest usage ratio of 
brown paper of the three companies on the record as each company's 
consumption of brown paper. Moreover, as partial AFA for Gangyuan's, 
Andrew's, and Tongzhou's steel scrap sales, we have not granted them a 
by-product offset for the final determination. See Shaoxing Final 
Analysis Memo for further details of the normal value calculation.
    Finally, for the final determination, in accordance with sections 
776(a)(2)(A), and (B) of the Act, we have determined that the use of 
partial neutral FA is required for the Shaoxing Metal Companies' direct 
labor and packing labor because assembly labor was incorrectly included 
in Gangyuan's and Andrew's packing labor. See Shaoxing Final Analysis 
Memo; see also the Shaoxing Metal Verification Report, at 43 and 
Verification Exhibit 17. As partial FA for the Shaoxing Metal 
Companies' direct labor and packing labor, we have calculated direct 
labor, which includes assembly labor, using the total number of direct 
labor hours for April 2007, and calculated packing labor, not including 
assembly labor, using the total number of packing labor hours for April 
2007. See Shaoxing Final Analysis Memo for further details of the 
normal value calSculation.

Verification

    As provided in section 782(i) of the Act, we verified the 
information submitted by the respondents for use in our final 
determination. See the Department's verification reports on the record 
of this investigation in the CRU with respect to Shanghai Wells and the 
Shaoxing Metal Companies. For both verified companies, we used standard 
verification procedures, including examination of relevant accounting 
and production records, as well as original source documents provided 
by respondents.

Surrogate Country

    In the Preliminary Determination, we stated that we had selected 
India as the appropriate surrogate country to use in this investigation 
for the following reasons: (1) It is a significant producer of 
comparable merchandise; (2) it is at a similar level of economic 
development pursuant to 773(c)(4) of the Act; and (3) we have reliable 
data from India that we can use to value the factors of production. See 
Preliminary Determination, 73 FR at 15728-15729. For the final 
determination, we received no comments and made no changes to our 
findings with respect to the selection of a surrogate country.

Separate Rates

    In proceedings involving NME countries, the Department begins with 
a rebuttable presumption that all companies within the country are 
subject to government control and, thus, should be assigned a single 
antidumping duty deposit rate. It is the Department's policy to assign 
all exporters of merchandise subject to an investigation in an NME 
country this single rate unless an exporter can demonstrate that it is 
sufficiently independent so as to be entitled to a separate rate. See 
Final Determination of Sales at Less Than Fair Value: Sparklers From 
the People's Republic of China, 56 FR 20588 (May 6, 1991) 
(``Sparklers''), as amplified by Notice of Final Determination of Sales 
at Less Than Fair Value: Silicon Carbide From the People's Republic of 
China, 59 FR 22585 (May 2, 1994) (``Silicon Carbide''), and Section 
351.107(d) of the Department's regulations.
    In the Preliminary Determination, we found that Shanghai Wells, the 
Shaoxing Metal Companies, and certain separate rate applicants who 
received a separate rate \6\ (``Separate Rate Recipients'') in the 
Preliminary Determination demonstrated their eligibility for separate-
rate status. For the final determination, we continue to find that the 
evidence placed on the record of this investigation by Shanghai Wells, 
the Shaoxing Metal Companies, and the Separate Rate Recipients 
demonstrate both a de jure and de facto

[[Page 47591]]

absence of government control, with respect to their respective exports 
of the merchandise under investigation, and, thus are eligible for 
separate rate status.
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    \6\ These companies are: Jiangyin Hongji Metal Products Co., 
Ltd, Shaoxing Meideli Metal Hanger Co., Ltd., Shaoxing Dingli Metal 
Clotheshorse Co., Ltd., Shaoxing Liangbao Metal Manufactured Co. 
Ltd., Shaoxing Zhongbao Metal Manufactured Co. Ltd., Shangyu 
Baoxiang Metal Manufactured Co. Ltd., Zhejiang Lucky Cloud Hanger 
Co., Ltd., Pu Jiang County Command Metal Products Co., Ltd., 
Shaoxing Shunji Metal Clotheshorse Co., Ltd., Ningbo Dasheng Hanger 
Ind. Co., Ltd., Jiaxing Boyi Medical Device Co., Ltd., Yiwu Ao-Si 
Metal Products Co., Ltd., and Shaoxing Guochao Metallic Products 
Co., Ltd.
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    In the Preliminary Determination, the Department denied a separate 
rate to Tianjin Hongtong Metal Manufacture Co., Ltd. (``Hongtong'') 
because it was unable to demonstrate that it had sales of the 
merchandise under consideration to the United States. We found that 
Hongtong was a producer and not an exporter of the merchandise under 
consideration during the POI and, therefore, was not eligible to 
receive a separate rate in this investigation. See Preliminary 
Determination, 73 FR at 15730-31. The Department has not received any 
information from Hongtong contrary to our preliminary finding. 
Therefore, we continue to find that Hongtong is not eligible to receive 
a separate rate in this investigation.
    Lastly, we are calculating the separate rate based on the simple 
average of the two mandatory respondents because using a weighted 
average risks disclosure of business proprietary information. See Fresh 
Garlic from the People's Republic of China: Final Results and Partial 
Rescission of the 12th Administrative Review, 73 FR 34251, 34252 (June 
17, 2008); Memorandum to the File, from Irene Gorelik, Senior Analyst, 
Office 9, Import Administration, Subject: Investigation of Steel Wire 
Garment Hangers from the People's Republic of China: Final Simple-
Averaged Margin for Separate Rate Companies, (August 7, 2008) at 
Attachment I.

The PRC-Wide Rate

    In the Preliminary Determination, the Department stated that 
information on the record of this investigation indicates that there 
are numerous producers/exporters of hangers in the PRC. As stated in 
the Preliminary Determination, the Department collected CBP data to 
select respondents based on imports of hangers classified under HTSUS 
subheading 7326.20.00.20. See Preliminary Determination, 73 FR at 
15731. Furthermore, upon receipt of separate-rates applications, we 
examined the CBP data and determined that a significant number of 
exporters of hangers from the PRC during the POI were neither selected 
for review nor filed separate-rate applications; thus, we determined 
that PRC exporters of hangers are not active participants in this 
investigation. Based upon our knowledge of the volume of imports of the 
merchandise under consideration from the PRC from CBP data, the volume 
of imports of the merchandise under consideration from Shanghai Wells, 
the Shaoxing Metal Companies, and the separate-rate applicants, while 
accounting for a significant share, do not account for all imports into 
the United States. Therefore, the Department continues to determine 
that there were PRC producers/exporters of the merchandise under 
consideration during the POI that did not apply for separate rates, 
thus establishing that there is a PRC-Wide entity with respect to this 
product. Therefore, consistent with the presumption of government 
control, we continue to determine that some exports of subject 
merchandise are from entities under the control of the PRC-Wide entity. 
The Department's presumption that these entries were subject to 
government control has not been rebutted since the Preliminary 
Determination, thus we continue to determine that these entries should 
be assessed a single PRC-Wide antidumping duty rate.
    As the single PRC-Wide rate, we have taken the simple average of: 
(A) The weighted-average of the calculated rates for the Shaoxing Metal 
Companies and Shanghai Wells and (B) a simple average of petition rates 
based on U.S. prices and normal values within the range of the U.S. 
prices and normal values calculated for the Shaoxing Metal Companies 
and Shanghai Wells. This rate applies to all entries of the merchandise 
under investigation with the exception of those entries from Shanghai 
Wells, the Shaoxing Metal Companies, and the Separate-Rate Recipients. 
See Amended Preliminary Determination, 73 FR at 20020.

Final Determination Margins

    We determine that the following percentage weighted-average margins 
exist for the POI:
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    \7\ The PRC-Wide entity includes Tianjin Hongtong Metal 
Manufacture Co. Ltd.

     Steel Wire Garment Hangers From the PRC--Final Dumping Margins
------------------------------------------------------------------------
                                                       Weighted-average
                 Exporter & Producer                     deposit rate
                                                           (percent)
------------------------------------------------------------------------
Shanghai Wells Hanger Co., Ltd......................               15.44
Shaoxing Metal Companies............................               94.06
Jiangyin Hongji Metal Products Co., Ltd.............               54.75
Shaoxing Meideli Metal Hanger Co., Ltd..............               54.75
Shaoxing Dingli Metal Clotheshorse Co., Ltd.........               54.75
Shaoxing Liangbao Metal Manufactured Co. Ltd........               54.75
Shaoxing Zhongbao Metal Manufactured Co. Ltd........               54.75
Shangyu Baoxiang Metal Manufactured Co. Ltd.........               54.75
Zhejiang Lucky Cloud Hanger Co., Ltd................               54.75
Pu Jiang County Command Metal Products Co., Ltd.....               54.75
Shaoxing Shunji Metal Clotheshorse Co., Ltd.........               54.75
Ningbo Dasheng Hanger Ind. Co., Ltd.................               54.75
Jiaxing Boyi Medical Device Co., Ltd................               54.75
Yiwu Ao-Si Metal Products Co., Ltd..................               54.75
Shaoxing Guochao Metallic Products Co., Ltd.........               54.75
PRC-Wide Rate 7.....................................              186.98
------------------------------------------------------------------------


[[Page 47592]]

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).

Retroactive Application of Amended Preliminary Determination Cash 
Deposits

    For all entries of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
Preliminary Determination, March 25, 2008, and before the publication 
date of the Amended Preliminary Determination, April 14, 2008, we will 
instruct CBP to apply the cash deposit rates from the Amended 
Preliminary Determination. See Issues and Decision Memorandum at 
Comment 8H.

Continuation of Suspension of Liquidation

    We will instruct CBP to continue the suspension of liquidation 
required by section 735(d)(2) of the Act, of all entries of subject 
merchandise from Shanghai Wells, the Shaoxing Metal Companies, the 
Separate-Rate Recipients and the PRC-wide entity entered, or withdrawn 
from warehouse, for consumption on or after March 25, 2008, the date of 
publication of the Preliminary Determination. CBP shall continue to 
require a cash deposit or the posting of a bond equal to the estimated 
amount by which the normal value exceeds the U.S. price as shown above. 
See section 735(c)(1)(B)(ii) of the Act. The suspension of liquidation 
instructions will remain in effect until further notice.

ITC Notification

    In accordance with section 735(d) of the Act, we have notified the 
International Trade Commission (``ITC'') of our final determination of 
sales at LTFV. As our final determination is affirmative, in accordance 
with section 735(b)(2) of the Act, within 45 days the ITC will 
determine whether the domestic industry in the United States is 
materially injured, or threatened with material injury, by reason of 
imports or sales (or the likelihood of sales) for importation of the 
subject merchandise. If the ITC determines that material injury or 
threat of material injury does not exist, the proceeding will be 
terminated and all securities posted will be refunded or canceled. See 
section 735(c)(2) of the Act. If the ITC determines that such injury 
does exist, the Department will issue an antidumping duty order 
directing CBP to assess antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation. See id.; section 736 of the Act.

Notification Regarding APO

    This notice also serves as a reminder to the parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305. Timely notification of return or 
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and the 
terms of an APO is a sanctionable violation.
    This determination and notice are issued and published in 
accordance with sections 735(d) and 777(i)(1) of the Act.

    Dated: August 7, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix I--Discussion of the Issues

I. General Issues
    Comment 1: Scope
    Comment 2: Treatment of Drawing Powder
    Surrogate Values
    Comment 3: Financial Ratios
    Comment 4: Wire Rod Surrogate Value
    Comment 5: Coating Powder and Glue Surrogate Values
    Comment 6: Wage Rate
    Comment 7: Steel Scrap Offset Surrogate Value
    Company Specific Comments
    Comment 8: Shaoxing Metal Companies \8\
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    \8\ The Shaoxing Metal Companies consist of: Shaoxing Gangyuan 
Metal Manufactured Co., Ltd. (``Gangyuan''), Shaoxing Andrew Metal 
Manufactured Co., Ltd. (``Andrew''), Shaoxing Tongzhou Metal 
Manufactured Co., Ltd. (``Tongzhou''), and Company X. The Department 
normally does not consider a respondent's supplier's name to be 
business proprietary information. However, in this instance, counsel 
for the Shaoxing Metal Companies bracketed this information as 
business proprietary and the Department did not challenge this 
treatment. See Memorandum to the File from Julia Hancock, Senior 
Case Analyst: Program Analysis for the Final Determination of 
Antidumping Duty Investigation of Steel Wire Garment Hangers from 
the People's Republic of China: Shaoxing Metal Companies, (August 7, 
2008) (``Shaoxing Final Analysis Memo'') for more information 
regarding the identify of this company; Shaoxing Metal Companies' 
Request for Collapsing, (February 26, 2008) at 15.
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    A. Total Adverse Facts Available (``AFA'') for the Shaoxing 
Metal Companies
    B. Total AFA for Quantity and Value (``Q&V'') of U.S. Sales
    C. Partial AFA for Sales Trace A\9\
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    \9\ Because of the proprietary information of this sales trace, 
for further information, please see the Shaoxing Metal Verification 
Report at 21.
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    D. Partial AFA for Water
    E. Partial AFA for White Paper, Brown Paper, and Steel Scrap 
Sales
    F. Reporting of Wire and Wire Rod
    G. Management and Administrative Labor
    H. Retroactive Implementation of Amended Preliminary 
Determination
    Comment 9: Shanghai Wells \10\
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    \10\ Shanghai Wells Hanger Co., Ltd. (``Shanghai Wells'').
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    A. Demurrage Revenue
    B. Commission Revenue
    C. Wells USA's Indirect Selling Expenses
    D. Treatment of Water and Lubricant Lard
    E. Treatment of Market Economy (``ME'') Purchase
    F. Elimination of Credit Expenses from Constructed Export Price 
(``CEP'') Profit
    G. Sales to Customer X: Export Price (``EP'') or CEP \11\
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    \11\ The name of Customer X is business proprietary information. 
See Memorandum to the File from Irene Gorelik, Senior Case Analyst: 
Program Analysis for the Final Determination of Antidumping Duty 
Investigation of Steel Wire Garment Hangers from the People's 
Republic of China: Shanghai Wells, (August 7, 2008) (``Shanghai 
Wells Final Analysis Memo'') for more information regarding the 
identity of this customer.
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    H. Payment Terms
    I. Truck Freight and Brokerage
[FR Doc. E8-18851 Filed 8-13-08; 8:45 am]
BILLING CODE 3510-DS-P