[Federal Register Volume 82, Number 93 (Tuesday, May 16, 2017)]
[Notices]
[Pages 22485-22486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09871]



[[Page 22485]]

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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-918]


Steel Wire Garment Hangers From the People's Republic of China: 
Notice of Court Decision Not in Harmony With Final Results of 
Administrative Review and New Shipper Review and Notice of Amended 
Final Results Pursuant to Court Decision

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

SUMMARY: The Court of International Trade (CIT or Court) sustained the 
final remand results pertaining to the fourth administrative review and 
new shipper review of the antidumping duty order on steel wire garment 
hangers from the People's Republic of China (PRC) covering the period 
of October 1, 2011, through September 30, 2012. The Department of 
Commerce (Department) is notifying the public that this case is not in 
harmony with the final results of the administrative review and new 
shipper review. Therefore, the Department is amending the final results 
with respect to the dumping margin assigned to Hangzhou Yingqing 
Material Co. Ltd. (Yingqing).

DATES: Effective May 1, 2017.

FOR FURTHER INFORMATION CONTACT: Jessica Weeks, AD/CVD Operations 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC, 20230; telephone: (202) 482-4877.

SUPPLEMENTARY INFORMATION:

Background

    On June 2, 2014, the Department published its AR4/NSR Final 
Results,\1\ which covered Shanghai Wells Hanger Co., Ltd, the PRC-wide 
entity, and Yingqing \2\ as respondents.\3\ Yingqing challenged certain 
aspects of the AR4/NSR Final Results, including the allocation of labor 
expenses when calculating surrogate financial ratios and whether the 
expense of obtaining a letter of credit should be included when valuing 
brokerage and handling (B&H).
---------------------------------------------------------------------------

    \1\ See Steel Wire Garment Hangers from the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review and 
New Shipper Review, 2011-2012, 79 FR 31298 (June 2, 2014) (AR4/NSR 
Final Results) and accompanying Issues and Decision Memorandum 
(IDM).
    \2\ Yingqing and Hangzhou Qingqing Mechanical Co., Ltd. are in 
an exporter/manufacturer combination rate. See AR4/NSR Final Results 
and accompanying IDM.
    \3\ The AR4/NSR Final Results and accompanying IDM pertain to 
both the fourth administrative review of steel wire garment hangers 
from the People's Republic of China and the aligned new shipper 
review of Yingqing.
---------------------------------------------------------------------------

    On December 21, 2016, the Court remanded AR4/NSR Final Results for 
the Department to reconsider the allocation of labor costs in the 
surrogate financial ratios calculations \4\ and to reconsider its 
refusal to deduct the expense of obtaining a letter of credit in light 
of information on the record.\5\ In accordance with the Court's remand 
order, the Department reconsidered these issues and filed its Final 
Remand Results with the Court on March 17, 2017.\6\ In the Final Remand 
Results, the Department provided further explanations concerning its 
allocation of labor costs and departure from its methodology in the 
fourth administrative review of certain steel nails from the PRC.\7\ 
The Department also determined that record evidence supported deducting 
the cost of obtaining a letter of credit from the total amount of B&H 
expenses.\8\ On April 21, 2017, the Court sustained the Department's 
Final Remand Results in Hangzhou Yingqing Material.\9\
---------------------------------------------------------------------------

    \4\ See Hangzhou Yingqing Material Co. v. United States, 195 F. 
Supp. 3d 1299, 1310-11 (CIT 2016).
    \5\ Id. at 1311-12.
    \6\ See Redetermination Pursuant to Court Remand Order in 
Hangzhou Yingqing Material Co. Ltd. et al. v. United States, Court 
No. 14-00133 (March 17, 2017) (Final Remand Results).
    \7\ See Final Remand Results at 9 and 10; see also Certain Steel 
Nails from the People's Republic of China: Final Results of the 
Fourth Antidumping Duty Administrative Review, 79 FR 19316 (April 8, 
2014).
    \8\ See Final Remand Results at 11 and 12.
    \9\ See Hangzhou Yingqing Material Co. and Hangzhou Qingqing 
Mechanical Co. v. United States, Court No. 14-00133, Slip Op. 17-47 
(CIT April 21, 2017) (Hangzhou Yingqing Material).
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken,\10\ as clarified by Diamond 
Sawblades,\11\ the Court of Appeals for the Federal Circuit held that, 
pursuant to section 516A(e) of the Tariff Act of 1930, as amended (the 
Act), the Department must publish a notice of a court decision that is 
not ``in harmony'' with a Department determination and must suspend 
liquidation of entries pending a ``conclusive'' court decision. The 
Court's April 21, 2017, judgment in Hangzhou Yingqing Material 
constitutes a final decision of the Court that is not in harmony with 
the Department's AR4/NSR Final Results. This notice is published in 
fulfillment of the publication requirement of Timken. Accordingly, the 
Department will continue the suspension of liquidation of the subject 
merchandise at issue pending expiration of the period to appeal or, if 
appealed, a final and conclusive court decision.
---------------------------------------------------------------------------

    \10\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. 
Cir. 1990) (Timken).
    \11\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------

Amended Final Results

    Because there is now a final court decision, the Department amends 
the AR4/NSR Final Results with respect to the companies identified 
below. Based on the Remand Results, as affirmed by the Court in 
Hangzhou Yingqing Material, the revised combination-rate weighted 
average-dumping margin for the companies listed below during the period 
October 1, 2011 through September 30, 2012 is as follows:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
             Exporter                      Producer             margin
                                                              (percent)
------------------------------------------------------------------------
Hangzhou Yingqing Material Co.     Hangzhou Qingqing              40.39
 Ltd.                               Mechanical Co. Ltd.
------------------------------------------------------------------------

    In the event that the CIT's ruling is not appealed or, if appealed, 
is upheld by a final and conclusive court decision, the Department will 
instruct U.S. Customs and Border Protection (CBP) to assess antidumping 
duties on unliquidated entries of subject merchandise based on the 
revised dumping margin listed above.

Cash Deposit Requirements

    Because there is now a final court decision, we are amending the 
AR4/NSR Final Results and have revised the weighted-average dumping 
margin for the companies as shown above. As a result of the Final 
Remand Results, and as affirmed by the Court in Hangzhou Yingqing 
Material, the cash deposit rate for the companies listed above is 
40.39%, effective May 1, 2017. The

[[Page 22486]]

Department will instruct CBP accordingly.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.

    Dated: May 10, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-09871 Filed 5-15-17; 8:45 a.m.]
BILLING CODE 3510-DS-P