[Federal Register Volume 77, Number 247 (Wednesday, December 26, 2012)]
[Notices]
[Pages 75973-75975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-30948]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[C-552-813]


Certain Steel Wire Garment Hangers From the Socialist Republic of 
Vietnam: Final Affirmative Countervailing Duty Determination and Final 
Affirmative Critical Circumstances Determination

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY:  The Department of Commerce (the Department) determines that 
countervailable subsidies are being provided to producers and exporters 
of steel wire garment hangers (garment hangers) from the Socialist 
Republic of Vietnam. For information on the estimated subsidy rates, 
see the ``Suspension of Liquidation'' section of this notice.

DATES: Effective Date: December 24, 2012.

FOR FURTHER INFORMATION CONTACT:  Robert Copyak or John Coniff, AD/CVD 
Operations, Office 8, Import Administration, U.S. Department of 
Commerce, Room 4014, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: 202-482-2209 and 202-482-1009, 
respectively.

SUPPLEMENTARY INFORMATION

Background

    This investigation, which covers 15 programs, was initiated on 
January 18, 2012.\1\ The Petitioners in this investigation are M&B 
Metal Products Company, Inc., Innovative Fabrication LLC/Indy Hanger, 
and US Hanger Company, LLC. The respondents in this investigation are: 
South East Asia Hamico Export Joint Stock Company (SEA Hamico), Nam A 
Hamico Export Joint Stock Company (Nam A), and Linh

[[Page 75974]]

Sa Hamico Company Limited (Linh Sa) (collectively, the Hamico 
Companies), and Infinite Industrial Hanger Limited (Infinite) and 
Supreme Hanger Company Limited (Supreme) (collectively, the Infinite 
Companies).
---------------------------------------------------------------------------

    \1\ See Steel Wire Garment Hangers From the Socialist Republic 
of Vietnam: Initiation of Countervailing Duty Investigation. 77 FR 
3737 (January 2, 2011) (Initiation), and accompanying Initiation 
Checklist.
---------------------------------------------------------------------------

Period of Investigation

    The period of investigation for which we are measuring subsidies is 
January 1, 2011, through December 31, 2011.

Case History

    The events that have occurred since the Department published the 
Preliminary Determination \2\ are discussed in the Memorandum to Paul 
Piquado, Assistant Secretary for Import Administration, Issues and 
Decision Memorandum for the Final Determination in the Countervailing 
Duty Investigation of Steel Wire Garment Hangers From the Socialist 
Republic of Vietnam (Decision Memorandum).\3\
---------------------------------------------------------------------------

    \2\ See Certain Steel Wire Garment Hangers From the Socialist 
Republic of Vietnam: Preliminary Affirmative Countervailing Duty 
Determination and Alignment of Final Countervailing Duty 
Determination with Final Antidumping Duty Determination, 77 FR 32930 
(June 4, 2012) (Preliminary Determination).
    \3\ Public versions of all business proprietary documents and 
all public documents are on file electronically via Import 
Administration's Antidumping and Countervailing Duty Centralized 
Electronic Service System (IA ACCESS). Access to IA ACCESS is 
available to registered users at http://iaaccess.trade.gov and in 
the Central Records Unit (CRU), room 7046 of the main Department of 
Commerce building.
---------------------------------------------------------------------------

Scope of the Investigation

    The merchandise subject to the 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 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 3.4mm 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.

Scope Comments

    As discussed in the Initiation, we set aside a period for 
interested parties to raise issues regarding product coverage.\4\ 
However, no parties submitted scope comments on the records of the AD 
or CVD investigations.
---------------------------------------------------------------------------

    \4\ See Initiation, 77 FR at 3737.
---------------------------------------------------------------------------

Critical Circumstances

    In the Preliminary Critical Circumstances Determination, the 
Department concluded that critical circumstances do not exist with 
respect to the Hamico Companies, in accordance with section 703(e)(1) 
of the Tariff Act of 1930, as amended (the Act).\5\ However, the 
Department also concluded that critical circumstances exist for the 
Infinite Companies and for imports from ``all other'' exporters of 
garment hangers from Vietnam.\6\ On December 7, 2012, Joobles LLC 
(Joobles), an importer of garment hangers, submitted comments regarding 
the Preliminary Critical Circumstances Determination.\7\ On December 
10, 2012, the Department rejected Joobles' critical circumstances 
submission because it contained untimely-filed factual information.\8\ 
The Department invited Joobles to resubmit its comments with the 
untimely-filed factual information removed; however, Joobles did not 
resubmit its comments. The Department has otherwise received no other 
comments.
---------------------------------------------------------------------------

    \5\ See Steel Wire Garment Hangers From the Socialist Republic 
of Vietnam: Preliminary Affirmative Determination of Critical 
Circumstances, 77 FR 73430 (December 10, 2012) Preliminary Critical 
Circumstances Determination.
    \6\ Id.
    \7\ See Joobles December 7, 2012, submission.
    \8\ See the Memorandum to the File, ``Rejectioin Untimely Data 
From Joobles LC,'' (December 10, 2012).
---------------------------------------------------------------------------

    Because there are no comments on the record, we have not changed 
our findings from the Preliminary Critical Circumstances Determination. 
Therefore, in accordance with section 705(a)(2) of the Act, we continue 
to find that critical circumstances exist with respect to imports from 
the Infinite Companies and ``all other'' exporters of garment hangers 
from Vietnam.

Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation and the issues raised in 
the case and rebuttal briefs submitted by parties in this investigation 
are addressed in the Decision Memorandum, dated concurrently with this 
notice. The Decision Memorandum is hereby incorporated in the final 
review results. A list of the issues raised is attached to this notice 
as Appendix I. The Decision Memorandum is a public document and is on 
file electronically via IA ACCESS. In addition, a complete version of 
the Decision Memorandum can be accessed directly on the internet at 
http://www.trade.gov/ia/. The signed Decision Memorandum and the 
electronic versions of the Decision Memorandum are identical in 
content.

Suspension of Liquidation

    In accordance with section 705(c)(1)(B)(i)(I) of the Act, we have 
calculated an individual rate for each producer/exporter of the subject 
merchandise investigated. We determine the total net countervailable 
subsidy rates to be:

------------------------------------------------------------------------
                                                             Net subsidy
                     Producer/exporter                        ad valorem
                                                                 rate
------------------------------------------------------------------------
South East Asia Hamico Export Joint Stock Company (SEA             31.58
 Hamico), Nam A Hamico Export Joint Stock Company (Nam A),
 and Linh Sa Hamico Company Limited (Linh Sa)
 (collectively, the Hamico Companies)......................
Infinite Industrial Hanger Limited (Infinite) and Supreme          90.42
 Hanger Company Limited (Supreme) (collectively, the
 Infinite Companies).......................................
All Others.................................................        31.58
------------------------------------------------------------------------

    Section 705(c)(5)(A)(i) of the Act states that for companies not 
individually investigated, we will normally determine an all others 
rate equal to the weighted average of the countervailable subsidy rates 
established for exporters and producers individually investigated, 
excluding any zero and de minimis countervailable subsidy rates, and 
any rates based entirely on adverse facts available (AFA) under section 
776 of the Act.
    For this final determination, because we are applying total AFA to 
the Infinite Companies, the only calculated total net countervailable 
subsidy rate is the rate we have determined for the Hamico Companies. 
Therefore, for the all others rate, we are using the Hamico Companies' 
rate.
    As a result of our Preliminary Determination and pursuant to 
section 703(d) of the Act, we instructed U.S. Customs and Border 
Protection (CBP) to suspend liquidation of all entries of subject 
merchandise from Vietnam which were entered or withdrawn from 
warehouse, for consumption on or after

[[Page 75975]]

June 4, 2012, the date of the publication of the Preliminary 
Determination in the Federal Register. Subsequently, as a result of our 
Preliminary Critical Circumstances Determination,\9\ we instructed CBP 
to suspend liquidation of all entries of subject merchandise from ``all 
other'' exporters of garment hangers from Vietnam which were entered or 
withdrawn from warehouse, for consumption on or after March 6, 2012, 
which is 90 days prior to the date of publication in the Federal 
Register of the Preliminary Determination.
---------------------------------------------------------------------------

    \9\ See Steel Wire Garment Hangers from the Socialist Republic 
of Vietnam: Preliminary Affirmative Determination of Critical 
Circumstances, 77 FR 73430 (December 10, 2012) (Preliminary Critical 
Circumstances Determination).
---------------------------------------------------------------------------

    In accordance with section 703(d) of the Act, we issued 
instructions to CBP to discontinue the suspension of liquidation for 
CVD purposes for subject merchandise entered, or withdrawn from 
warehouse, on or after October 2, 2012, but to continue the suspension 
of liquidation of all entries from June 4, 2012, through October 1, 
2012.
    If the International Trade Commission (ITC) issues a final 
affirmative injury determination, we will issue a CVD order and 
reinstate the suspension of liquidation under section 706(a) of the Act 
and will require a cash deposit of estimated CVDs for such entries of 
merchandise in the amounts indicated above. If the ITC determines that 
material injury, or threat of material injury, does not exist, this 
proceeding will be terminated and all estimated duties deposited or 
securities posted as a result of the suspension of liquidation will be 
refunded or canceled.

ITC Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of our determination. In addition, we are making available to the 
ITC all non-privileged and non-proprietary information related to this 
investigation. We will allow the ITC access to all privileged and 
business proprietary information in our files, provided the ITC 
confirms that it will not disclose such information, either publicly or 
under an administrative protective order (APO), without the written 
consent of the Assistant Secretary for Import Administration.

Return or Destruction of Proprietary Information

    In the event that the ITC issues a final negative injury 
determination, this notice will serve as the only reminder to parties 
subject to an APO of their responsibility concerning the destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). 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 which is subject to sanction.
    This determination is published pursuant to sections 705(d) and 
777(i) of the Act.

    Dated: December 17, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.

APPENDIX

List of Comments and Issues in the Decision Memorandum

Comment 1: Whether the Department Should Assign a Rate Based on 
Total Adverse Facts Available to the Infinite Companies
Comment 2: Whether Land Leased by SEA Hamcio Provided 
Countervailable Benefits to Hamico Companies
Comment 3: Whether Unpaid Annual Rent on Land Leased by SEA Hamico 
and Used by Linh Sa Provided Countervailable Benefits to the Hamico 
Companies
Comment 4: Whether Export Loans from VietinBank Provide a Government 
Financial Contribution
Comment 5: Whether Import Duty Exemption or Reimbursements for Raw 
Materials are Countervailable
Comment 6: Whether the Department Should Find the Newly Discovered 
Interest Support Program Countervailable

[FR Doc. 2012-30948 Filed 12-21-12; 8:45 am]
BILLING CODE 3510-DS-P