Steel Wire Garment Hangers From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2015-2016
Federal Register, Volume 82 Issue 221 (Friday, November 17, 2017)
Federal Register Volume 82, Number 221 (Friday, November 17, 2017)
Notices
Pages 54324-54325
From the Federal Register Online via the Government Publishing Office www.gpo.gov
FR Doc No: 2017-24964
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DEPARTMENT OF COMMERCE
International Trade Administration
A-570-918
Steel Wire Garment Hangers From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2015-2016
AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY: On August 9, 2017, the Department of Commerce (Department) published in the Federal Register the Preliminary Results of the administrative review of the antidumping duty order on Steel Wire Garment Hangers from the People's Republic of China (PRC) covering the period October 1, 2015, through September 30, 2016. This review covered 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 gave interested parties an opportunity to comment on the Preliminary Results, but we received no comments. Hence, the final results are unchanged from the Preliminary Results and we continue to find that Shanghai Wells sold merchandise at prices below the normal value and Yingqing is not eligible for a separate rate during the period of review.
DATES: Applicable November 17, 2017.
FOR FURTHER INFORMATION CONTACT: Katrina Clemente, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-0783.
SUPPLEMENTARY INFORMATION:
Background
On August 9, 2017, the Department published the Preliminary Results and gave interested parties an opportunity to comment.\1\ The Department received no comments. The Department conducted this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).
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\1\ See Steel Wire Garment Hangers from the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2015-2016, 82 FR 37194 (September 9, 2017) (Preliminary Results) and the accompanying Preliminary Decision Memorandum.
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Scope of the Order
The merchandise subject to the order 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 order are wooden, plastic, and other garment hangers that are not made of steel wire. Also excluded from the scope of the order are chrome-plated steel wire garment hangers with a diameter of 3.4 mm or greater. The products subject to the order are currently classified under 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 description of the merchandise is dispositive.
Final Results of Review
In the Preliminary Results, the Department determined the following: (1) Shanghai Wells sold merchandise at prices below normal value; and (2) Yingqing is not eligible for a separate rate and, therefore, is a part of the PRC-wide entity.\2\ We have not received information contradicting our preliminary finding; thus, the Department finds there is no reason to modify its analysis. Accordingly, no decision memorandum accompanies this Federal Register notice. For further details of the issues addressed in this proceeding, see the Preliminary Results.\3\
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\2\ See Preliminary Results, 82 FR at 37194-95.
\3\ Id.
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PRC-Wide Entity
The Department's policy regarding the conditional review of the PRC-wide entity applies to this administrative review.\4\ 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).\5\
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\4\ 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).
\5\ 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 conducted this review in accordance with section 751(a)(1)(B) of the Act. In the Preliminary Results, 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. We have not received any information since the issuance of the Preliminary Results that provides a basis for reconsidering this determination. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum, available at http://enforcement.trade.gov/frn/.
Final Results of Review Margin
The Department determines that the following weighted-average dumping margin exists for the POR from October 1, 2015, through September 30, 2016:
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Weighted-
average
Exporter dumping margin
(%)
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Shanghai Wells Hanger Co., Ltd./Hong Kong Wells Ltd.\6\ 5.02
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Assessment Rates
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\6\ 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.
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Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), the Department has determined, and CBP shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. The Department intends to issue assessment instructions to CBP 15 days after the publication date of the final results of this review.
Page 54325
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.\7\ Pursuant to 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 instructs CBP to liquidate entries associated with those sales at the rate for the PRC-wide entity.\8\
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\7\ 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).
\8\ 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, Shanghai Wells, the cash deposit rate will be that 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 Regarding Administrative Protective Orders
This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. 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 notice of the final results of this administrative review is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5) and 19 CFR 351.213(h).
Dated: November 13, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.
FR Doc. 2017-24964 Filed 11-16-17; 8:45 am
BILLING CODE 3510-DS-P
