[Federal Register Volume 77, Number 199 (Monday, October 15, 2012)]
[Notices]
[Pages 62492-62493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25291]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-849]


Steel Wire Garment Hangers From Taiwan: Final Determination of 
Sales at Less Than Fair Value

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

SUMMARY: The Department of Commerce (the ``Department'') has determined 
that imports of steel wire garment hangers (``hangers'') from Taiwan 
are being, or are likely to be, sold in the United States at less than 
fair value (``LTFV''), as provided in section 735 of the Tariff Act of 
1930, as amended (the ``Act''). The estimated margins of sales at LTFV 
are listed in the ``Continuation of Suspension of Liquidation'' section 
of this notice.

DATES: Effective Date: October 15, 2012

FOR FURTHER INFORMATION CONTACT: Paul Walker, AD/CVD Operations, Office 
9, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone-202.482.0413.

SUPPLEMENTARY INFORMATION:

Background

    On August 2, 2012, the Department published in the Federal Register 
the Preliminary Determination in the antidumping duty investigation of 
hangers from Taiwan.\1\ No interested party provided case briefs or 
rebuttal briefs.
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    \1\ See Steel Wire Garment Hangers from Taiwan: Preliminary 
Determination of Sales at Less than Fair Value, 77 FR 46055 (August 
2, 2012) (``Preliminary Determination'').
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Period of Investigation

    The period of investigation (``POI'') is October 1, 2010, through 
September 30, 2011.

Scope of Investigation

    The merchandise 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 whether or not fashioned with paper covers or 
capes (with or without printing) 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 investigation are (a) 
wooden, plastic, and other garment hangers that are not made of steel 
wire; (b) steel wire garment hangers with swivel hooks; (c) steel wire 
garment hangers with clips permanently affixed; and (d) chrome plated 
steel wire garment hangers with a diameter of 3.4 mm or greater.
    The products subject to the investigation are currently classified 
under U.S. Harmonized Tariff Schedule (``HTSUS'') subheadings 
7326.20.0020 and 7323.99.9080. Although the HTSUS subheadings are 
provided for convenience and customs purposes, the written description 
of the merchandise is dispositive.

Final Determination of Sales at LTFV

    As noted in the Preliminary Determination, because the antidumping 
duty questionnaires sent to the selected respondent, Golden Canyon Ltd. 
(``Golden Canyon''), were returned as undeliverable, in accordance with 
our practice, we classified Golden Canyon as an unlocated company and 
assigned it the all others rate.\2\ For the other selected respondent, 
Taiwan Hanger Manufacturing Co., Ltd. (``Taiwan Hanger''), in the 
Preliminary Determination we applied facts otherwise available with an 
adverse inference, because Taiwan Hanger twice received the 
questionnaire, and then returned the questionnaire to the Department at 
a later date.\3\ We note that our determination here with respect to 
Golden Canyon and Taiwan Hanger is identical to our determination in 
the Preliminary Determination.\4\
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    \2\ See, e.g., Chrome-Plated Lug Nuts from Taiwan; Preliminary 
Results of Antidumping Duty Administrative Review, 64 FR 55234, 
55234 (October 12, 1999), unchanged in Chrome-Plated Lug Nuts from 
Taiwan; Final Results of Antidumping Duty Administrative Review, 65 
FR 7491 (February 15, 2000).
    \3\ See Memorandum to the File, ``Steel Wire Hangers from 
Taiwan: Questionnaire Delivery Attempts,'' dated July 26, 2012, 
which details our attempts to deliver the questionnaires to Golden 
Canyon and Taiwan Hanger.
    \4\ See Preliminary Determination at 46056.
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Continuation of Suspension of Liquidation

    Pursuant to section 735(c)(1)(B) of the Act, we will instruct U.S. 
Customs and Border Protection (``CBP'') to continue to suspend 
liquidation of all entries of hangers from Taiwan which were entered, 
or withdrawn from warehouse, for consumption on or after August 2, 
2012, the date of publication of the Preliminary Determination. We will 
instruct CBP to require a cash deposit or the posting of a bond equal 
to the weighted-average margins, as indicated below, as follows: (1) 
The rates for Golden Canyon and Taiwan Hanger will be the rates we have 
determined in this final determination; (2) if the exporter is not a 
firm identified in this investigation but the producer is, the rate 
will be the rate established for the producer of the subject 
merchandise; (3) the rate for all other producers or exporters will be 
69.98 percent, as discussed in the ``All Others Rate'' section, below. 
These suspension-of-liquidation instructions will remain in effect 
until further notice.

------------------------------------------------------------------------
                                                                Margin
                    Manufacturer/Exporter                      (percent)
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Golden Canyon Ltd...........................................       69.98
Taiwan Hanger Manufacturing Co., Ltd........................      125.43
All Others Rate.............................................       69.98
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All Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated all 
others rate shall be an amount equal to the weighted average of the 
estimated

[[Page 62493]]

weighted-average dumping margins established for exporters and 
producers individually investigated excluding any zero or de minimis 
margins and any margins determined entirely under section 776 of the 
Act. No respondent has participated in this investigation. Therefore, 
as noted in the Preliminary Determination, because the only dumping 
margins for this final determination are found in the petition, the all 
others rate is a simple average of these values, which is 69.98 
percent.\5\
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    \5\ See Initiation Checklist, dated January 18, 2012, at 
Attachment V; see, e.g., Certain Steel Nails from the United Arab 
Emirates: Amended Final Determination of Sales at Less Than Fair 
Value and Antidumping Duty Order, 77 FR 27421 (May 10, 2012) (where 
the Department determined the all others rate using a simple 
average).
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Disclosure

    We intend to disclose to parties in this proceeding the 
calculations performed within five days of the date of publication of 
this notice in accordance with section 351.224(b) of the Department's 
regulations.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we have notified the 
International Trade Commission (``ITC'') of our final determination. As 
our final determination is affirmative and in accordance with section 
735(b)(2) of the Act, the ITC will determine, within 45 days, 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 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.

Notification Regarding Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with section 351.305 of the Department's regulations. 
Timely notification of the 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 is issued and published pursuant to sections 
735(d) and 777(i)(l) of the Act.

    Dated: October 9, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-25291 Filed 10-12-12; 8:45 am]
BILLING CODE 3510-DS-P