[Federal Register Volume 82, Number 152 (Wednesday, August 9, 2017)]
[Notices]
[Pages 37194-37197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16687]


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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; 2015-
2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Department) is conducting the 
eighth administrative review of the antidumping duty order on steel 
wire garment hangers from the People's Republic of China (PRC). The 
respondents in this review are Hangzhou Yingqing Material Co. Ltd. and 
Hangzhou Qingqing Mechanical Co. Ltd. (collectively, Yingqing) and 
Shanghai Wells Hanger Co., Ltd./Hong Kong Wells Ltd. (collectively, 
Shanghai Wells). The Department preliminarily finds that Shanghai Wells 
sold subject merchandise in the United States at prices below normal 
value during the period of review (POR), October 1, 2015, through 
September 30, 2016. In addition, we preliminarily determine Yingqing is 
not eligible for a separate rate, and therefore, we are treating it as 
part of the PRC-wide entity. 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.

DATES: Applicable August 9, 2017.

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

SUPPLEMENTARY INFORMATION: 

Background

    On October 3, 2016, the Department published a notice of 
``Opportunity to Request Administrative Review'' of the antidumping 
order on steel wire garment hangers from the PRC.\1\ In October 2016, 
the Department received two timely requests to conduct an 
administrative review of the antidumping duty order on steel wire

[[Page 37195]]

garment hangers from the PRC.\2\ Based upon these requests, on December 
16, 2016, the Department published a notice of initiation of an 
administrative review (AR) of the Order covering the period October 1, 
2015, to September 30, 2016.\3\ The Department initiated the 
administrative review with respect to 46 companies.\4\ On December 22, 
2016, M&B Metal Products Co., Inc. (the petitioner) withdrew its 
request for an administrative review on 42 companies.\5\ On December 
29, 2016, the Department issued a memo stating it would issue 
questionnaires to Yingqing \6\ and Shanghai Wells.\7\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 81 FR 67968 (October 3, 2016).
    \2\ See Notice of Antidumping Duty Order: Steel Wire Garment 
Hangers from the People's Republic of China, 73 FR 58111 (October 6, 
2008) (Order).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 9112 (December 16, 2016).
    \4\ Id.
    \5\ See Letter to the Secretary of Commerce from the Petitioner 
``Eighth Administrative Review of Steel Wire Garment Hangers from 
China--Petitioner's Withdrawal of Review Request'' (December 22, 
2016).
    \6\ Hangzhou Yingqing Material Co., Ltd. and Hangzhou Qingqing 
Mechanical Co., Ltd. are currently assigned an exporter/manufacturer 
combination rate. 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, 31300 (June 
2, 2014).
    \7\ In the first administrative review of the Order, the 
Department found that Shanghai Wells Hanger Co., Ltd. and Hong Kong 
Wells Ltd. are a single entity and, because there were no changes to 
the facts that supported that decision since that determination was 
made, we continue to find that these companies are part of a single 
entity for this administrative review. 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); see also Steel Wire Garment Hangers 
from the People's Republic of China: Final Results of Antidumping 
Duty Administrative Review, 2013-2014, 80 FR 69942 (November 2, 
2015).
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Scope of the Order

    The merchandise subject to the Order is steel wire garment hangers. 
The products are currently classifiable 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 of the scope of the order remains dispositive.\8\
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    \8\ See Memorandum regarding ``Decision Memorandum for the 
Preliminary Results of the Antidumping Duty Administrative Review of 
Steel Wire Garment Hangers from the People's Republic of China; 
2015-2016,'' dated concurrently with and hereby adopted by this 
notice, (Preliminary Decision Memorandum) for a complete description 
of the scope of the Order.
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Separate Rates

    The Department preliminarily determines that information placed on 
the record by Shanghai Wells demonstrates that this entity is entitled 
to separate rate status.\9\ For additional information, see the 
Preliminary Decision Memorandum.
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    \9\ See Shanghai Wells' Section A questionnaire response, dated 
January 26, 2017 at pages 1-9.
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PRC-Wide Entity

    Section 776(a)(2) of Tariff Act of 1930, as amended (the Act) 
provides that if an interested party withholds information requested by 
the Department, fails to provide information by the deadline or in the 
form or manner requested, or significantly impedes a proceeding, the 
Department shall use, subject to section 782(d) of the Act, facts 
otherwise available in reaching the applicable determination. Moreover, 
section 776(b) of the Act provides that the Department may use an 
adverse inference when applying facts otherwise available if the party 
failed to cooperate by not acting to the best of its ability to comply 
with a request for information. Yingqing failed to submit a response to 
the Department's questionnaire and, therefore, did not act to the best 
of its ability to comply with the Department's request for 
information.\10\ Therefore, as adverse facts available, Yingqing is not 
eligible for a separate rate and is a part of the PRC-wide entity. The 
dumping margin in effect for the PRC-wide entity is 187.25 percent, 
which is the highest dumping margin on the record of any segment of the 
proceeding.\11\
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    \10\ See Memorandum to the file, ``Eighth Administrative Review 
of Steel Wire Garment Hangers from the People's Republic of China: 
Hangzhou Yingqing Material Co. Ltd. FedEx Delivery,'' (January 27, 
2017).
    \11\ See Steel Wire Garment Hangers from the People's Republic 
of China: Amended Final Determination of Sales at Less Than Fair 
Value, 73 FR 53188, (September 15, 2008), and accompanying Issues 
and Decision Memorandum; see also Steel Wire Garment Hangers from 
the People's Republic of China: Final Results of Antidumping Duty 
Administrative Review, 2012-2013, 80 FR 13332, (March 13, 2015), and 
accompanying Issues and Decision Memorandum.
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    The Department's policy regarding conditional review of the PRC-
wide entity applies to this administrative review.\12\ Under this 
policy, the PRC-wide entity will not be under review unless a party 
specifically requests, or the Department self-initiates, a review of 
the entity. Because no party requested a review of the PRC-wide entity 
in this review, the entity is not under review and the entity's rate is 
not subject to change, (i.e., 187.25 percent).\13\
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    \12\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \13\ See Steel Wire Garment Hangers from the People's Republic 
of China: Final Results of Antidumping Duty Administrative Review, 
2012-2013, 80 FR 13332, (March 13, 2015), and accompanying Issues 
and Decision Memorandum; see also Preliminary Decision Memorandum.
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Methodology

    The Department is conducting this review in accordance with section 
751(a)(1)(B) of the Act. The Department calculated constructed export 
prices and export prices in accordance with section 772 of the Act. 
Because the PRC is a nonmarket economy (NME) within the meaning of 
section 771(18) of the Act, normal value is calculated in accordance 
with section 773(c) of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. A list of the 
topics included in the Preliminary Decision Memorandum is included as 
an appendix to this notice. 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 (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov and to all parties in the Central Records 
Unit, Room B8024 of the main Department of Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum is 
available at http://enforcement.trade.gov/frn/. The signed Preliminary 
Decision Memorandum and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.

Preliminary Results of Review

    The Department preliminarily determines that the following 
weighted-average dumping margin exists for the POR from October 1, 
2015, through September 30, 2016:
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    \14\ As previously stated, we continue to find Shanghai Wells 
Hanger Co., Ltd. and Hong Kong Wells Ltd. (collectively Shanghai 
Wells) to be a single entity.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
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Shanghai Wells Hanger Co., Ltd./Hong Kong Wells Ltd.\14\....        5.02
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[[Page 37196]]

Disclosure and Public Comment

    The Department intends to disclose the calculations used in our 
analysis to parties in this review within five days of the date of any 
public announcement of this notice in accordance with 19 CFR 
351.224(b).
    Interested parties may submit case briefs within 30 days after the 
date of publication of these preliminary results of review in the 
Federal Register.\15\ Rebuttals to case briefs, which must be limited 
to issues raised in the case briefs, must be filed within five days 
after the time limit for filing case briefs.\16\ Parties who submit 
arguments are requested to submit with the argument: (a) A statement of 
the issue (b) a brief summary of the argument, and (c) a table of 
authorities.\17\ Parties submitting briefs should do so pursuant to the 
Department's electronic filing system, ACCESS.\18\
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    \15\ See 19 CFR 351.309(c)(1)(ii).
    \16\ See 19 CFR 351.309(d)(1)-(2).
    \17\ See 19 CFR 351.309(c)(2) and (d)(2).
    \18\ See 19 CFR 351.303 (for general filing requirements).
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    Any interested party may request a hearing within 30 days of 
publication of this notice.\19\ 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 briefs.\20\ Parties requesting a hearing should do so pursuant to 
the Department's electronic filing system, ACCESS.\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, 1401 Constitution Avenue NW., Washington, DC 20230, at a time 
and location to be determined.\22\
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    \19\ See 19 CFR 351.310(c).
    \20\ Id.
    \21\ See 19 CFR 351.303 (for general filing requirements).
    \22\ See 19 CFR 351.310(d).
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    Unless otherwise extended, the Department intends to issue the 
final results of this administrative review, which will include the 
results of our analysis of all issues raised in parties' case briefs, 
within 120 days of publication of these preliminary results in the 
Federal Register, pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results, pursuant to section 
751(a)(2)(C) of the Act and 19 CFR 351.212(b), the Department will 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries covered by this review. The Department intends to issue 
assessment instructions to CBP 15 days after the publication date of 
the final results of this review.
    For any individually examined respondent whose weighted-average 
dumping margin is above the de minimis threshold (i.e., 0.50 percent), 
the Department will calculate importer-specific ad valorem assessment 
rates on the basis of the ratio of the total amount of dumping 
calculated for the importer's examined sales and the total entered 
value of sales. Where either the respondent's weighted-average dumping 
margin is zero or de minimis, or an importer-specific ad valorem 
assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
    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.\23\
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    \23\ 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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    Pursuant to a refinement in the Department's NME practice, for 
sales that were not reported in the U.S. sales data submitted by 
companies individually examined during this review, the Department will 
instruct CBP to liquidate entries associated with those sales at the 
rate for the PRC-wide entity. In addition, if the Department determines 
that an exporter under review had no shipments of the subject 
merchandise, any suspended entries that entered under that exporter's 
case number (i.e., at that exporter's cash deposit rate) will be 
liquidated at the rate for the PRC-wide entity.\24\
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    \24\ For a full discussion of this practice, see Assessment 
Practice Refinement, 76 FR at 65694 (October 24, 2011).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
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 company listed 
above, the cash deposit rate will be established in the final results 
of this review (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 have separate 
rates, the cash deposit rate will continue to be the exporter-specific 
rate published for the most recently completed segment of this 
proceeding in which they were reviewed; (3) 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 equal to the weighted-
average dumping margin for the PRC-wide entity (i.e., 187.25 percent); 
and (4) for all non-PRC exporters of subject merchandise which have not 
received their own separate rate, the cash deposit rate will be the 
rate applicable to the PRC exporter(s) that supplied that non-PRC 
exporter. These cash 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.

Notification to Interested Parties

    This administrative review and notice is issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(4) and 19 CFR 351.213.

    Dated: August 2, 2017.
Carole Showers,
Executive Director, Office of Policy, Performing the Duties of Deputy 
Assistant Secretary for Enforcement and Compliance.

Attachment

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
    a. NME Country Status
    b. Separate Rates
    c. Separate Rates Recipients--Wholly Foreign Owned
    d. Surrogate Country and Surrogate Value Data
    e. Surrogate Country
    f. Date of Sale

[[Page 37197]]

    g. Comparisons to Normal Value
    h. Results of Differential Pricing Analysis
    i. U.S. Price
    j. Value-Added Tax
    k. Normal Value
    l. Factor Valuation Methodology
    m. Currency Conversion
5. Conclusion

[FR Doc. 2017-16687 Filed 8-8-17; 8:45 am]
 BILLING CODE 3510-DS-P