[Federal Register Volume 78, Number 227 (Monday, November 25, 2013)]
[Notices]
[Pages 70271-70274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28089]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-918]


Steel Wire Garment Hangers From the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review and New 
Shipper Review; 2011-2012

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.

SUMMARY: The Department of Commerce (the ``Department'') is conducting 
the fourth administrative review and the first new shipper review 
(``NSR'') of the antidumping duty order on steel wire garment hangers 
from the People's Republic of China (``PRC'').\1\ There is one 
participating mandatory respondent in this review, the Shanghai Wells 
Group.\2\ We selected seven additional companies as mandatory 
respondents but, they did not participate.\3\ Also under review is the 
new shipper company Hangzhou Yingqing Material Co. Ltd. (``Yingqing''). 
The Department has preliminarily determined that Yingqing and Shanghai 
Wells sold subject merchandise in the United States at prices below 
normal value during the period of review (``POR''), October 1, 2011, 
through September 30, 2012. Additionally, seven companies were selected 
for review, but did not fully cooperate and have been determined to be 
part of the PRC-wide entity.\4\ If these preliminary results are 
adopted in our final results of review, we will instruct U.S. Customs 
and Border Protection (``CBP'') to assess antidumping duties on all 
appropriate entries of subject merchandise during the POR. We invite 
interested parties to comment on these preliminary results.
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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) (``Order'').
    \2\ The Department previously found that Shanghai Wells Hanger 
Co., Ltd. (``Shanghai Wells''), Hong Kong Wells Ltd. (``HK Wells'') 
and Hong Kong Wells Ltd. (USA) (``Wells USA'') are affiliated and 
that Shanghai Wells and HK Wells comprise a single entity 
(collectively, ``Shanghai Wells Group''). Because there were no 
changes in this review to the facts that supported that decision, 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) (``Hangers 
1st AR'').
    \3\ See the Department's memorandum titled ``Steel Wire Garment 
Hangers from the People's Republic of China: Decision Memorandum for 
the Preliminary Results of the 2011-2012 Antidumping Duty 
Administrative Review and New Shipper Review,'' (``Preliminary 
Decision Memorandum''), dated concurrently with these results and 
hereby adopted by this notice.
    \4\ See PRC-Wide Entity section infra.
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    As explained in the memorandum from the Assistant Secretary for 
Enforcement and Compliance, the Department has exercised its discretion 
to toll deadlines for the duration of the closure of the Federal 
Government from October 1, through October 16, 2013.\5\ Therefore, all 
deadlines in this segment of the proceeding have been extended by 16 
days. If the new deadline falls on a non-business day, in accordance 
with the Department's practice, the deadline will become the next 
business day. The revised deadline for the preliminary results of this 
review is now November 18, 2013.\6\
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    \5\ See Memorandum for the Record from Paul Piquado, Assistant 
Secretary for Enforcement and Compliance, ``Deadlines Affected by 
the Shutdown of the Federal Government'' (October 18, 2013).
    \6\ November 16, 2013, is a Saturday. Department practice 
dictates that where a deadline falls on a weekend or federal 
holiday, the appropriate deadline is the next business day. See 
Notice of Clarification: Application of ``Next Business Day'' Rule 
for Administrative Determination Deadlines Pursuant to the Tariff 
Act of 1930, As Amended, 70 FR 24533, 24533 (May 10, 2005).

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DATES: Effective: November 25, 2013.

FOR FURTHER INFORMATION CONTACT: Frances Veith or Josh Startup, AD/CVD 
Operations, Office V, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 14th Street and Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-4295 or (202) 
482-5260, respectively.

SUPPLEMENTARY INFORMATION:

[[Page 70272]]

Scope of the Order

    The product covered by the order is steel wire garment hangers. 
This product is classified under the Harmonized Tariff Schedule of the 
United States (``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 product description 
remains dispositive.\7\
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    \7\ See the Preliminary Decision Memorandum for a complete 
description of the scope of the Order.
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PRC-Wide Entity

    Seven of the companies the Department selected as mandatory 
respondents in the administrative review failed to respond to the 
Department's requests for information and/or declined to participate in 
this review.\8\ These companies, therefore, are not eligible for 
separate rate status.\9\ Accordingly, the Department preliminarily 
finds that the PRC-wide entity includes these seven companies. 
Furthermore, because these companies all withheld requested 
information, failed to provide information in a timely manner and in 
the form requested, and significantly impeded this proceeding, the 
Department relied on facts available.\10\ Additionally, the Department 
finds that these companies failed to cooperate by not acting to the 
best of their ability to comply with a request for information.\11\ 
Therefore, pursuant to section 776(b) of the Act, the Department used 
an inference that is adverse to the interests of these companies when 
it selected from among the facts otherwise available.\12\ Thus, the 
Department relied on adverse facts available (``AFA'') in order to 
determine a margin for the PRC-wide entity, pursuant to sections 
776(a)(2)(A), (B), (C) and 776(b) of the Act.\13\
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    \8\ These seven companies are: (1) Shaoxing Dingli Metal 
Clotheshorse Co., Ltd., (2) Shaoxing Tongzhou Metal Manufactured 
Co., Ltd., (3) Shaoxing Andrew Metal Manufactured Co., Ltd., (4) 
Shaoxing Gangyuan Metal Manufacture, (5) Shaoxing Shunji Metal 
Clotheshorse Co., Ltd., (6) Shaoxing Guochao Metallic Products Co., 
Ltd., and (7) Ningbo Dasheng Hanger Ind. Co., Ltd.
    \9\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 77 FR 
71575 (December 3, 2012) (``Initiation Notice'').
    \10\ See sections 776(a)(2)(A)-(C) of the Tariff Act of 1930, as 
amended (the ``Act'').
    \11\ See section 776(b) of the Act.
    \12\ See also Statement of Administrative Action accompanying 
the Uruguay Round Agreements Act, H.R. Doc. No. 103-316, Vol. 1, at 
870 (1994) (``SAA'').
    \13\ See the Preliminary Decision Memorandum at the sections 
pertaining to ``PRC-Wide Entity'' and ``Selection of Adverse Facts 
Available (``AFA'') Rate'' for a discussion of the AFA rate.
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    Petitioner submitted a timely request for withdrawal of review \14\ 
for ten of the 22 companies named in the Initiation Notice.\15\ No 
other party had requested a review of these ten companies. However, 
while the Department timely received the withdrawal request, we are not 
rescinding the review for these ten companies at this time because they 
currently do not have a separate rate and, therefore, remain as part of 
the PRC-wide entity. As noted above, the PRC-wide entity is under 
review for these preliminary results. Therefore, we are not rescinding 
the review with respect to the ten companies listed at Attachment II of 
this publication at this time.
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    \14\ See Letter from Petitioners to the Acting Secretary of 
Commerce ``Fourth Administrative Review of Steel Wire Garment 
Hangers from China--Petitioner's Withdrawal of Review Requests for 
Specific Companies'' (February 21, 2013).
    \15\ See Initiation Notice; see also Attachment II of this 
Federal Register notice.
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    During the review, two companies, Shanghai Jianhai International 
Trade Co., Ltd. (``Jianhai'') and Hangzhou Qingqing Mechanical Co. Ltd. 
(``Qingqing''), did not file a separate rate application or 
certification, nor did they file a no shipments certification. 
Accordingly, because Jianhai and Qingqing did not demonstrate their 
eligibility for a separate rate, the Department preliminarily 
determines that Jianhai and Qingqing are also part of the PRC-wide 
entity.

Methodology

    The Department has conducted these reviews in accordance with 
sections 751(a)(1)(B) and 751(a)(2)(A)-(B) of the Act. We calculated 
constructed export prices and export prices in accordance with section 
772 of the Act. Because the PRC is a nonmarket economy within the 
meaning of section 771(18) of the Act, we calculated normal value in 
accordance with section 773(c) of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum, dated 
concurrently with these results and hereby adopted by this notice.\16\ 
The Preliminary Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (``IA 
ACCESS''). 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. In addition, parties can 
obtain a complete version of the Preliminary Decision Memorandum on the 
Internet at http://trade.gov/enforcement/. The signed Preliminary 
Decision Memorandum and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.
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    \16\ See Preliminary Decision Memorandum.
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Verification

    As provided in sections 782(i)(3)(A)-(B) of the Act, we intend to 
verify the information upon which we will rely in determining our final 
results of review with respect to the Shanghai Wells Group.

Preliminary Results of Review

    Regarding the administrative review, the Department preliminarily 
determines that the following weighted-average dumping margins exist 
for the period October 1, 2011, through September 30, 2012:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
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Shanghai Wells Group........................................        6.76
PRC-Wide Entity \17\........................................      187.25
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    Regarding  the NSR, the Department preliminarily determines that 
the following weighted-average dumping margin exists for the period 
October 1, 2011, through September 30, 2012:
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    \17\ The PRC-wide entity includes (1) Shaoxing Dingli Metal 
Clotheshorse Co., Ltd., (2) Shaoxing Tongzhou Metal Manufactured 
Co., Ltd., (3) Shaoxing Andrew Metal Manufactured Co., Ltd., (4) 
Shaoxing Gangyuan Metal Manufacture, (5) Shaoxing Shunji Metal 
Clotheshorse Co., Ltd., (6) Shaoxing Guochao Metallic Products Co., 
Ltd., (7) Shanghai Jianhai International Trade Co., Ltd., (8) Ningbo 
Dasheng Hanger Ind. Co., Ltd., (9) Liaoning Metals & Mineral Imp/Exp 
Corp., (10) Shanghai Guoxing Metal Products Co. Ltd., (11) Shanghai 
Lian Development Co. Ltd., (12) Shanghai Shuang Qiang Embroidery 
Factory, (13) Shangyu Baoxiang Metal Manufactured Co. Ltd., (14) 
Shang Zhou Leather Shoes Plant, (15) Shaoxing Shuren Tie Co., Ltd., 
(16) Shaoxing Zhongbao Metal Manufactured Co., Ltd., (17) Shaoxing 
Zhongdi Foreign Trade Co., Ltd., (18) Zhejiang Lucky Cloud Hanger 
Co., Ltd., and (19) Hangzhou Qingqing Mechanical Co. Ltd.

[[Page 70273]]



------------------------------------------------------------------------
                                                        Weighted-average
            Exporter                    Producer         dumping margin
                                                           (percent)
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Hangzhou Yingqing Material Co.    Hangzhou Qingqing                42.52
 Ltd.                              Mechanical Co. Ltd.
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Disclosure, Public Comment & Opportunity To Request a Hearing

    The Department will disclose the calculations used in our analysis 
to parties in these reviews within five days of the date of publication 
of this notice.\18\
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    \18\ See 19 CFR 351.224(b).
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    Because, as noted above, the Department intends to verify Shanghai 
Wells Group's information, we will establish the briefing schedule at a 
later time, and will notify parties of the schedule in accordance with 
19 CFR 351.309(c)(1)(ii) and (d). We request interested parties who 
file case or rebuttal briefs in this proceeding to submit with each 
argument: (1) A statement of the issue (2) a brief summary of the 
argument, not to exceed five pages, and (3) a table of authorities.\19\
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    \19\ See 19 CFR 351.309(c) and (d). We note that a revised 
version of this regulation published on April 1, 2013, however it is 
not applicable. See http://www.gpo.gov/fdsys/pkg/CFR-2013-title19-vol3/html/CFR-2013-title19-vol3.htm.
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    Any interested party may request a hearing within 30 days of 
publication of this notice.\20\ Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations will be limited to issues raised in 
the case and rebuttal briefs.\21\ If a party requests a hearing, the 
Department will inform parties of the scheduled date for the hearing 
which will be held at the U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230, at a time and location 
to be determined. Parties should confirm by telephone the date, time, 
and location of the hearing.
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    \20\ See 19 CFR 351.310(c).
    \21\ Id.
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    The Department intends to issue the final results of these reviews, 
including the results of its analysis of the issues raised in any 
written briefs, not later than 120 days after the date of publication 
of this notice, pursuant to section 751(a)(3)(A) of the Act.

Deadline for Submission of Publicly Available Surrogate Value 
Information

    In accordance with 19 CFR 351.301(c)(3)(ii), the deadline for 
submission of publicly available information to value factors of 
production under 19 CFR 351.408(c) is 20 days after the date of 
publication of these preliminary results. In accordance with 19 CFR 
351.301(c)(1), if an interested party submits factual information less 
than 10 days before or on the applicable deadline for submission of 
such factual information, an interested party may submit factual 
information to rebut, clarify, or correct the factual information no 
later than 10 days after such factual information is served on the 
interested party. However, the Department generally will not accept in 
the rebuttal submission additional or alternative surrogate value 
information not previously on the record, if the deadline for 
submission of surrogate value information has passed.\22\ Furthermore, 
the Department generally will not accept business proprietary 
information in either the surrogate value submissions or the rebuttals 
thereto, as the regulation regarding the submission of surrogate values 
allows only for the submission of publicly available information.\23\ 
Finally, for each piece of factual information submitted with surrogate 
value rebuttal comments, the interested party must provide a written 
explanation of what information that is already on the record of the 
ongoing proceeding that the factual information is rebutting, 
clarifying, or correcting.
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    \22\ See Glycine From the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review and Final 
Rescission, in Part, 72 FR 58809 (October 17, 2007), and 
accompanying Issues and Decision Memorandum at Comment 2.
    \23\ See 19 CFR 351.301(c)(3).
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Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review.\24\ The Department intends to issue assessment 
instructions to CBP 15 days after the publication date of the final 
results of reviews.
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    \24\ See 19 CFR 351.212(b).
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    In these preliminary results, the Department applied the assessment 
rate calculation method adopted in Final Modification for Reviews, 
i.e., on the basis of monthly average-to-average comparisons using only 
the transactions associated with that importer with offsets being 
provided for non-dumped comparisons.\25\
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    \25\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings; Final Modification, 77 FR 8101, 8103 (February 14, 
2012) (``Final Modification for Reviews'').
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    Where the respondent has reported reliable entered values, we 
calculated importer (or customer)-specific ad valorem rates by 
aggregating the dumping margins calculated for all U.S. sales to each 
importer (or customer) and dividing this amount by the total entered 
value of the sales to each importer (or customer).\26\ Where the 
Department calculated a weighted-average dumping margin by dividing the 
total amount of dumping for reviewed sales to that party by the total 
sales quantity associated with those transactions, the Department will 
direct CBP to assess importer-specific assessment rates based on the 
resulting per-unit rates.\27\ Where an importer- (or customer-) 
specific ad valorem or per-unit rate is greater than de minimis, the 
Department will instruct CBP to collect the appropriate duties at the 
time of liquidation.\28\ Where an importer- (or customer-) specific ad 
valorem or per-unit rate is zero or de minimis, the Department will 
instruct CBP to liquidate appropriate entries without regard to 
antidumping duties.\29\
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    \26\ See 19 CFR 351.212(b)(1).
    \27\ Id.
    \28\ Id.
    \29\ See 19 CFR 351.106(c)(2).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of these reviews for shipments of the 
subject merchandise from the PRC entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
section 751(a)(2)(C) of the Act: (1) For the companies listed above, 
the cash deposit rate will be established in the final results of these 
reviews (except, if the rate is zero or de minimis, then zero cash 
deposit will be required); (2) for previously investigated or reviewed 
PRC and non-PRC exporters not listed above that received a separate 
rate in a prior segment of this proceeding, the cash deposit rate will 
continue to be the exporter-specific rate published for the most recent 
period; (3)

[[Page 70274]]

for all PRC exporters of subject merchandise that have not been found 
to be entitled to a separate rate, the cash deposit rate will be the 
PRC-wide rate of 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 exporter that 
supplied that non-PRC exporter.
    With respect to Yingqing, the NSR respondent, the Department has 
established a combination cash deposit rate for this company consistent 
with its practice as follows: (1) For subject merchandise produced by 
Qingqing and exported by Yingqing, the cash deposit rate will be the 
rate established for Yingqing in the final results of the NSR; (2) for 
subject merchandise exported by Yingqing, but not produced by Qingqing, 
the cash deposit rate will be the rate for the PRC-wide entity; and (3) 
for subject merchandise produced by Qingqing but not exported by 
Yingqing, the cash deposit rate will be the rate applicable to the 
exporter.
    These deposit requirements, when imposed, shall remain in effect 
until further notice.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    These determinations are issued and published in accordance with 
sections 751(a)(1), 751(a)(2)(B), and 777(i)(1) of the Act.

    Dated: November 18, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Attachment I

    List of Topics Discussed in the Preliminary Decision Memorandum:

1. Background
2. Respondent Selection
3. Scope of the Order
4. PRC-Wide Entity
5. Affiliations
6. Bona Fides Analysis
7. Non-Market Economy Status
8. Separate Rates
9. Separate Rates Recipients
10. Use of Facts Available and AFA
11. Application of Total AFA to the PRC-Wide Entity
12. Selection of AFA Rate
13. Corroboration of Information
14. Surrogate Country and Surrogate Value Data
15. Surrogate Country
16. Date of Sale
17. Determination of Comparison Method
18. Results of Differential Pricing Analysis
19. Comparison to Normal Value
20. U.S. Price
21. Normal Value
22. Factor Valuations
23. Company Specific Issues
24. Currency Conversion
25. Conclusion

Attachment II

    List of companies for which Petitioner timely withdrew its 
request for review.

1. Liaoning Metals & Mineral Imp/Exp Corp.,
2. Shanghai Guoxing Metal Products Co. Ltd.,
3. Shanghai Lian Development Co. Ltd.,
4. Shanghai Shuang Qiang Embroidery Factory,
5. Shangyu Baoxiang Metal Manufactured Co. Ltd.,
6. Shang Zhou Leather Shoes Plant,
7. Shaoxing Shuren Tie Co., Ltd.,
8. Shaoxing Zhongbao Metal Manufactured Co., Ltd.,
9. Shaoxing Zhongdi Foreign Trade Co., Ltd., and
10. Zhejiang Lucky Cloud Hanger Co., Ltd.

[FR Doc. 2013-28089 Filed 11-22-13; 8:45 am]
BILLING CODE 3510-DS-P