Steel Wire Garment Hangers From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2015-2016, 37194-37197 [2017-16687]
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37194
Federal Register / Vol. 82, No. 152 / Wednesday, August 9, 2017 / Notices
pursuant to section 777(i)(1) of the Act,
and 19 CFR 351.218(f)(4).
Dated: August 3, 2017.
Carole Showers,
Executive Director, Office of Policy
performing the duties of Deputy Assistant
Secretary for Enforcement and Compliance.
[FR Doc. 2017–16772 Filed 8–8–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–835]
Furfuryl Alcohol From the People’s
Republic of China: Continuation of
Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of determinations
by the Department of Commerce
(Department) and the International
Trade Commission (ITC) that revocation
of the antidumping duty (AD) order on
furfuryl alcohol from the People’s
Republic of China (PRC) would likely
lead to a continuation or recurrence of
dumping, and that revocation of the AD
order would likely lead to material
injury to an industry in the United
States, the Department is publishing this
notice of continuation of the AD order
on furfuryl alcohol from the PRC.
DATES: Applicable August 9, 2017.
FOR FURTHER INFORMATION CONTACT:
Keith Haynes, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–5139.
SUPPLEMENTARY INFORMATION: On
January 3, 2017, the Department
published the notice of initiation of the
fourth sunset review of the AD Order 1
on furfuryl alcohol from the PRC
pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the Act).2 As
a result of its review, on May 1, 2017,
the Department determined that
revocation of the AD order on furfuryl
alcohol from the PRC would be likely to
lead to a continuation or recurrence of
dumping, and, therefore, notified the
ITC of the magnitude of the margins
likely to prevail should the order be
revoked.3
sradovich on DSK3GMQ082PROD with NOTICES
AGENCY:
1 See
Notice of Antidumping Duty Order: Furfuryl
Alcohol from the People’s Republic of China (PRC),
60 FR 32302 (June 21, 1995) (Order).
2 See Initiation of Five-Year (‘‘Sunset’’) Reviews,
82 FR 84 (January 3, 2017) (Notice of Initiation).
3 See Furfuryl Alcohol from the People’s Republic
of China: Final Results of Expedited Fourth Sunset
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On July 28, 2017, the ITC determined,
pursuant to section 751(c) of the Act,
that revocation of the existing AD order
on furfuryl alcohol from the PRC would
be likely to lead to a continuation or
recurrence of material injury to an
industry in the United States within a
reasonably foreseeable time.4
Scope of the Order
The merchandise covered by this
order is furfuryl alcohol (C4H3OCH2OH).
Furfuryl alcohol is a primary alcohol,
and is colorless or pale yellow in
appearance. It is used in the
manufacture of resins and as a wetting
agent and solvent for coating resins,
nitrocellulose, cellulose acetate, and
other soluble dyes. The product subject
to this order is classifiable under
subheading 2932.13.00 of the
Harmonized Tariff Schedule of the
United States (HTSUS). Although the
HTSUS subheading is provided for
convenience and customs purposes, our
written description of the scope is
dispositive.
Continuation of the Order
As a result of the determinations by
the Department and the ITC that
revocation of the AD order on furfuryl
alcohol from the PRC would be likely to
lead to a continuation or recurrence of
dumping, and material injury to an
industry in the United States, pursuant
to section 751(d)(2) of the Act, the
Department hereby orders the
continuation of the AD order on furfuryl
alcohol from the PRC. U.S. Customs and
Border Protection will continue to
collect cash deposits at the rates in
effect at the time of entry for all imports
of subject merchandise. The effective
date of the continuation of the order
will be the date of publication in the
Federal Register of this notice of
continuation. Pursuant to section
751(c)(2) of the Act, the Department
intends to initiate the next five-year
review of the order not later than 30
days prior to the fifth anniversary of the
effective date of continuation.
This five-year (sunset) review and this
notice are in accordance with section
751(c) of the Act and published
pursuant to section 777(i)(1) of the Act.
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
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:
AGENCY:
BILLING CODE 3510–DS–P
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
Review of Antidumping Duty Order, 82 FR 36154
(August 3, 2017).
4 See Furfuryl Alcohol from China, USITC Inv.
No. 731–TA–703 (July 28, 2017).
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 81 FR 67968
(October 3, 2016).
Dated: August 3, 2017.
Carole Showers,
Executive Director, Office of Policy
performing the duties of Deputy Assistant
Secretary for Enforcement and Compliance.
[FR Doc. 2017–16769 Filed 8–8–17; 8:45 am]
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Federal Register / Vol. 82, No. 152 / Wednesday, August 9, 2017 / Notices
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
Scope of the Order
sradovich on DSK3GMQ082PROD with NOTICES
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
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).
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
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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.
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
The Department’s policy regarding
conditional review of the PRC-wide
entity applies to this administrative
review.12 Under this policy, the PRCwide 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
Decision Memorandum) for a complete description
of the scope of the Order.
9 See Shanghai Wells’ Section A questionnaire
response, dated January 26, 2017 at pages 1–9.
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.
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).
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37195
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
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
https://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 weightedaverage dumping margin exists for the
POR from October 1, 2015, through
September 30, 2016:
Exporter
Shanghai Wells Hanger Co.,
Ltd./Hong Kong Wells Ltd.14 ...
Weightedaverage
dumping
margin
(percent)
5.02
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.
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.
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Federal Register / Vol. 82, No. 152 / Wednesday, August 9, 2017 / Notices
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
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
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
sradovich on DSK3GMQ082PROD with NOTICES
15 See
19 CFR 351.309(c)(1)(ii).
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).
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).
16 See
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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 importerspecific 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
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
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.
Cash Deposit Requirements
Dated: August 2, 2017.
Carole Showers,
Executive Director, Office of Policy,
Performing the Duties of Deputy Assistant
Secretary for Enforcement and Compliance.
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
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).
24 For a full discussion of this practice, see
Assessment Practice Refinement, 76 FR at 65694
(October 24, 2011).
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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.
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
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comment on the Preliminary Results.
We received no comments.
The Department conducted this
review in accordance with section
751(a)(2) of the Tariff Act of 1930, as
amended (the Act).
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
Scope of the Order
[FR Doc. 2017–16687 Filed 8–8–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–823–805]
Silicomanganese From Ukraine: Final
Results of Antidumping Duty
Administrative Review; 2015–2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On May 9, 2017, the
Department of Commerce (the
Department) published the preliminary
results of the administrative review of
the antidumping duty order on
silicomanganese from Ukraine. The
period of review (POR) is August 1,
2015, through July 31, 2016. For the
final results of this review, we continue
to find, based on the application of
adverse facts available, that subject
merchandise has been sold in the
United States at prices below normal
value during the POR.
DATES: Applicable August 9, 2017.
FOR FURTHER INFORMATION CONTACT:
Dmitry Vladimirov, AD/CVD
Operations, Office I, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–0665.
SUPPLEMENTARY INFORMATION:
AGENCY:
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Background
On May 9, 2017, the Department
published the Preliminary Results of the
administrative review of the
antidumping duty order on
silicomanganese from Ukraine.1 The
administrative review covers two
exporters of the subject merchandise,
PJSC Zaporozhye Ferroalloy Plant
(ZFP), and PJSC Nikopol Ferroalloy
Plant (NFP). The Department gave
interested parties an opportunity to
1 See
Silicomanganese From Ukraine: Preliminary
Results of Antidumping Duty Administrative
Review; 2015–2016, 82 FR 21521 (May 9, 2017)
(Preliminary Results).
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The merchandise covered by the
antidumping duty order is
silicomanganese. Silicomanganese,
which is sometimes called ferrosilicon
manganese, is a ferroalloy composed
principally of manganese, silicon, and
iron, and normally containing much
smaller proportions of minor elements,
such as carbon, phosphorous, and
sulfur. Silicomanganese generally
contains by weight not less than four
percent iron, more than 30 percent
manganese, more than eight percent
silicon, and not more than three percent
phosphorous. All compositions, forms
and sizes of silicomanganese are
included within the scope of this order,
including silicomanganese slag, fines,
and briquettes. Silicomanganese is used
primarily in steel production as a source
of both silicon and manganese. This
order covers all silicomanganese,
regardless of its tariff classification.
Most silicomanganese is currently
classifiable under subheading
7202.30.0000 of the Harmonized Tariff
Schedule of the United States (HTSUS).
Some silicomanganese may also
currently be classifiable under HTSUS
subheading 7202.99.8040. Although the
HTSUS subheadings are provided for
convenience and customs purposes, our
written description of the scope of this
order is dispositive.
Adverse Facts Available
We continue to find that the
application of adverse facts available
(AFA) to the mandatory respondents,
ZPF and NFP, is warranted in
accordance with sections 776(a) and (b)
of the Act and 19 CFR 351.308, because
these companies failed to provide
requested information, as detailed in the
Preliminary Decision Memorandum 2
accompanying the Preliminary Results.
Final Results of the Administrative
Review
We determine that the following
weighted-average dumping margins
exist for the respondents for the period
of August 1, 2015, through July 31,
2016:
2 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results in the Administrative
Review of the Antidumping Duty Order on
Silicomanganese from Ukraine; 2015–2016,’’ dated
May 3, 2017 (Preliminary Decision Memorandum).
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Exporter/producer
PJSC Zaporozhye Ferroalloy
Plant ..................................
PJSC Nikopol Ferroalloy
Plant ..................................
37197
Weightedaverage
dumping
margin
(percent)
163.00
163.00
Assessment
In accordance with 19 CFR 351.212,
the Department will instruct U.S.
Customs and Border Protection (CBP) to
liquidate all entries of subject
merchandise exported by ZFP and NFP
during the POR at an ad valorem rate of
163.00 percent. We intend to issue
instructions to CBP 15 days after
publication of the final results of this
review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the notice of final results
of administrative review for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rates for subject
merchandise exported by ZFP and NFP
will be 163.00 percent, equal to the
weighted-average dumping margins
established in the final results of this
administrative review; (2) for
merchandise exported by producers or
exporters not covered in this
administrative review but covered in a
prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding; (3) if the exporter is not a
firm covered in this review, a prior
review, or the original investigation, but
the producer is, the cash deposit rate
will be the rate established for the most
recently completed segment of this
proceeding for the producer of the
subject merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters will continue to be 163.00
percent, the all-others rate established
in the investigation.3
3 See Suspension Agreement on Silicomanganese
From Ukraine; Termination of Suspension
Agreement and Notice of Antidumping Duty Order,
66 FR 43838 (August 21, 2001) (clarifying that the
‘‘Ukraine-Wide Rate’’ of 163 percent applies to all
producers and exporters of subject silicomanganese
not specifically listed in Notice of Final
Determination of Sales at Less Than Fair Value:
E:\FR\FM\09AUN1.SGM
Continued
09AUN1
]]>Agencies
[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 https://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)
------------------------------------------------------------------------
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
