Steel Wire Garment Hangers from the People's Republic of China: Final Determination of Sales at Less Than Fair Value, 47587-47592 [E8-18851]
Download as PDF
<![CDATA[
Federal Register / Vol. 73, No. 158 / Thursday, August 14, 2008 / Notices
merchandise produced and exported by
Delta entered, or withdrawn from
warehouse, for consumption on or after
December 27, 2007, which is 90 days
prior to the date of publication of the
Preliminary Determination (March 26,
2008), and entered before March 26,
2008. CBP shall refund any cash
deposits and release any bond or other
security previously posted in
connection with merchandise produced
and exported by Delta, the only known
producer and exporter of EMD during
this investigation.
All–Others Rate
Section 735(c)(5)(B) of the Act
provides that, where the estimated
weighted–average dumping margins
established for all exporters and
producers individually investigated are
zero or de minimis margins or are
determined entirely under section 776
of the Act, the Department may use any
reasonable method to establish the
estimated all others rate for exporters
and producers not individually
investigated. This provision
contemplates that, if the data do not
permit weight–averaging margins other
than the zero, de minimis, or total facts
available margins, the Department may
use any other reasonable method. See
also Statement of Administrative Action
accompanying the Uruguay Round
Agreements Act, H. Doc. No. 103–316,
at 873 (1994). As discussed above, Delta
is the sole respondent in this
investigation and has been assigned a
margin based on total adverse facts
available. Because the petition
contained only one estimated dumping
margin and because there are no other
respondents in this investigation, there
are no additional estimated margins
available for purposes of establishing an
all–others rate. Therefore, with this final
determination we are establishing 83.66
percent as the all–others rate.
sroberts on PROD1PC70 with NOTICES
Final Determination of Investigation
We determine that the following
weighted–average dumping margins
exist for the period July 1, 2006, through
June 30, 2007:
withdrawn from warehouse, for
consumption on or after March 26,
2008, the date of publication of the
Preliminary Determination. We will
instruct CBP to require a cash deposit or
the posting of a bond equal to the
weighted–average margin, as indicated
in the chart above, as follows: (1) the
rate for Delta will be 83.66 percent; (2)
if the exporter is not a firm identified in
this investigation but the producer is,
the rate will be the rate established for
the producer of the subject
merchandise; (3) the rate for all other
producers or exporters will be 83.66
percent. These suspension–ofliquidation instructions will remain in
effect until further notice.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we have notified the
International Trade Commission (ITC) of
our final determination. As our final
determination is affirmative and in
accordance with section 735(b)(2) of the
Act, the ITC will determine, within 45
days, whether the domestic industry in
the United States is materially injured,
or threatened with material injury, by
reason of imports or sales (or the
likelihood of sales) for importation of
the subject merchandise. If the ITC
determines that material injury or threat
of material injury does not exist, the
proceeding will be terminated and all
securities posted will be refunded or
canceled. If the ITC determines that
such injury does exist, the Department
will issue an antidumping duty order
directing CBP to assess antidumping
duties on all imports of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the effective date of the suspension
of liquidation.
Notification Regarding APO
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
Manufacturer or Exdisposition of proprietary information
Margin (percent)
porter
disclosed under APO in accordance
Delta .............................
83.66 with 19 CFR 351.305. Timely
All Others ......................
83.66 notification of return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Continuation of Suspension of
Failure to comply with the regulations
Liquidation
Pursuant to section 735(c)(1)(B) of the and the terms of an APO is a
sanctionable violation.
Act and 19 CFR 351.211(b)(1), we will
This determination is issued and
instruct CBP to continue to suspend
liquidation of all entries of subject
published pursuant to sections 735(d)
merchandise from Australia entered, or
and 777(i)(1) of the Act.
VerDate Aug<31>2005
15:57 Aug 13, 2008
Jkt 214001
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
47587
Dated: August 8, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
Appendix
Comment: Profit for Constructed Value
[FR Doc. E8–18848 Filed 8–13–04; 8:45 am]
Billing Code: 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–918]
Steel Wire Garment Hangers from the
People’s Republic of China: Final
Determination of Sales at Less Than
Fair Value
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
Effective Date: August 14, 2008.
On March 25, 2008, the
Department of Commerce
(‘‘Department’’) published its
preliminary determination of sales at
less than fair value (‘‘LTFV’’) in the
antidumping investigation of steel wire
garment hangers (‘‘hangers’’) from the
People’s Republic of China (‘‘PRC’’). On
April 14, 2008, the Department
published its amended preliminary
determination. The period of
investigation (‘‘POI’’) is January 1, 2007,
to June 30, 2007. We invited interested
parties to comment on our preliminary
determination of sales at LTFV. Based
on our analysis of the comments we
received, we have made changes to our
calculations for the mandatory
respondents. The final dumping
margins for this investigation are listed
in the ‘‘Final Determination Margins’’
section below.
DATES:
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Irene Gorelik or Julia Hancock, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–6905 or (202) 482–
1394, respectively.
Final Determination
We determine that hangers from the
PRC are being, or are likely to be, sold
in the United States at LTFV as
provided in section 735 of the Tariff Act
of 1930, as amended (‘‘the Act’’). The
estimated margins of sales at LTFV are
shown in the ‘‘Final Determination
Margins’’ section of this notice.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\14AUN1.SGM
14AUN1
47588
Federal Register / Vol. 73, No. 158 / Thursday, August 14, 2008 / Notices
Case History
The Department published its
preliminary determination of sales at
LTFV on March 25, 2008. See
Preliminary Determination of Sales at
Less Than Fair Value: Steel Wire
Garment Hangers from the People’s
Republic of China 73 FR 15726 (March
25, 2008) (‘‘Preliminary
Determination’’). Due to a significant
ministerial error, the Department
published its amended preliminary
determination of sales at LTFV on April
14, 2008. See Steel Wire Garment
Hangers from the People’s Republic of
China: Amended Preliminary
Determination of Sales at Less Than
Fair Value and Postponement of Final
Determination 73 FR 20018 (April 14,
2008) (‘‘Amended Preliminary
Determination’’). Additionally, the
Department postponed the deadline for
the final determination by 60 days to
August 7, 2008. See id. at 20020–20021.
On April 24, 2008, certain separate rate
respondents represented by Greenberg
Traurig 1 (‘‘Greenberg Respondents’’)
filed a timely request for a public
hearing. Between May 21, 2008, and
June 6, 2008, the Department conducted
verifications of Shanghai Wells Hanger
Co., Ltd. (‘‘Shanghai Wells’’) and the
Shaoxing Metal Companies.2 See the
‘‘Verification’’ section below for
additional information.
On June 27, 2008, we invited parties
to comment on the Department’s
proposed change to the scope language
within the Preliminary Determination.
On July 7, 2008, Petitioner 3 and Home
Products (Shanghai) Co., Ltd., and
sroberts on PROD1PC70 with NOTICES
1 These
companies are: United Wire Hanger
Corporation, Laidlaw Company, Zhejiang Lucky
Cloud Hanger Co., Ltd., Shangyu Baoxiang Metal
Product Co., Ltd., Shaoxing Dingli Metal
Clotheshorse Co., Shaoxing Meideli Metal Hanger
Co., Ltd., Shaoxing Shunji Metal Clotheshorse Co.,
Ltd., and Shaoxing Zhongbao Metal Manufactured
Co. Ltd., Shaoxing Liangbao Metal Manufactured
Co. Ltd.
2 The Shaoxing Metal Companies consist of:
Shaoxing Gangyuan Metal Manufactured Co., Ltd.
(‘‘Gangyuan’’), Shaoxing Andrew Metal
Manufactured Co., Ltd. (‘‘Andrew’’), Shaoxing
Tongzhou Metal Manufactured Co., Ltd.
(‘‘Tongzhou’’), and Company X. The Department
normally does not consider a respondent’s
supplier’s name to be business proprietary
information. However, in this instance, counsel for
the Shaoxing Metal Companies bracketed this
information as business proprietary and the
Department did not challenge this treatment. See
Memorandum to the File from Julia Hancock,
Senior Case Analyst: Program Analysis for the Final
Determination of Antidumping Duty Investigation
of Steel Wire Garment Hangers from the People’s
Republic of China: Shaoxing Metal Companies,
(August 7, 2008) (‘‘Shaoxing Final Analysis Memo’’)
for more information regarding the identity of this
company; Shaoxing Metal Companies’ Request for
Collapsing, (February 26, 2008) at 15.
3 The Petitioner is M&B Metal Products Company
Inc.
VerDate Aug<31>2005
15:57 Aug 13, 2008
Jkt 214001
Willert Home Products, Inc.
(collectively ‘‘Willert’’) submitted
comments regarding the Department’s
proposed scope language change.
Additionally, Willert included a scope
clarification request in its comments
dated July 7, 2008, which the
Department addresses in the ‘‘Analysis
of Comments Received’’ and ‘‘Scope
Modifications’’ sections below.
Upon the July 3, 2008, release of the
second of two verification reports,4 we
invited parties to comment on the
Preliminary Determination. On July 10,
2008, Petitioner, Shanghai Wells, the
Shaoxing Metal Companies, and other
interested parties filed case briefs. On
July 11, 2008, the Department rejected
the case brief submitted by the
Greenberg Respondents because it
contained untimely, new factual
information. See the Department’s letter
to all interested parties dated July 11,
2008. On July 11, 2008, the Greenberg
Respondents resubmitted their revised
case brief, which the Department also
rejected because the untimely, new
information had not been properly
redacted in its entirety. See the
Department’s letter to all interested
parties dated July 14, 2008. On July 15,
2008, the Greenberg Respondents
resubmitted their case brief with the
untimely, new information redacted in
its entirety. On July 15, 2008, the
Shaoxing Metal Companies, Shanghai
Wells, and Petitioner filed rebuttal
briefs. On July 17, 2008, the Greenberg
Traurig Respondents withdrew their
request for a public hearing, leaving no
public hearing request on the record.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
investigation are addressed in the
‘‘Investigation of Steel Wire Garment
Hangers from the People’s Republic of
China: Issues and Decision
Memorandum,’’ dated August 7, 2008
(‘‘Issues and Decision Memorandum’’),
which is hereby adopted by this notice.
A list of the issues which parties raised
and to which we respond in the Issues
and Decision Memorandum is attached
4 See Memorandum to the File through Catherine
Bertrand, Program Manager, Office 9, from Irene
Gorelik, Senior Case Analyst: Verification of the
Sales and Factors Response of Shanghai Wells
Hanger Co., Ltd. in the Antidumping Investigation
of Steel Wire Garment Hangers from the People’s
Republic of China (‘‘PRC’’) (July 1, 2008)
(‘‘Shanghai Wells Verification Report’’), and
Memorandum to the File through Catherine
Bertrand, Program Manager, Office 9, from Julia
Hancock, Senior Case Analyst: Verification of the
Sales and Factors Response of the Shaoxing Metal
Companies in the Antidumping Investigation of
Steel Wire Garment Hangers from the People’s
Republic of China (‘‘PRC’’), (July 3, 2008)
(‘‘Shaoxing Metal Verification Report’’).
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
to this notice as an appendix. The Issue
and Decision Memorandum is a public
document and is on file in the Central
Records Unit (‘‘CRU’’), Main Commerce
Building, Room 1117, and is accessible
on the World Wide Web at https://
www.trade.gov/ia. The paper copy and
electronic version of the memorandum
are identical in content.
Changes Since the Preliminary
Determination
Based on our analysis of information
on the record of this investigation, and
comments received from the interested
parties, we have made changes to the
margin calculations for the Shaoxing
Metal Companies and Shanghai Wells.
We have revalued several of the
surrogate values used in the Preliminary
Determination. The values that were
modified for this final determination are
those for surrogate financial ratios, steel
scrap, and the wage rate. For further
details see Issues and Decision
Memorandum at Comments 3, 6, and 7,
and Memorandum to the File from Julia
Hancock, through Catherine Bertrand,
Program Manager, AD/CVD Operations,
Office 9, and James C. Doyle, Director,
AD/CVD Operations, Office 9; Steel
Wire Garment Hangers from the
People’s Republic of China: Surrogate
Values for the Final Determination,
dated August 7, 2008 (‘‘Final Surrogate
Value Memo’’).
In addition, we have made some
company-specific changes since the
Preliminary Determination. Specifically,
we have incorporated, where applicable,
post-preliminary clarifications based on
verification and corrected certain
clerical errors for Shanghai Wells. We
have also applied partial adverse facts
available, where applicable, for various
findings from verification of both
companies. For further details on these
company-specific changes, see Issues
and Decision Memorandum at
Comments 8 and 9.
Scope Modifications
Since the publication of the
Preliminary Determination, the
Department became concerned that
certain language in the scope might
create opportunities for circumvention.
Therefore, on June 27, 2008, the
Department invited interested parties to
comment on a proposed change to the
scope language. See Letter to All
Interested Parties, dated June 27, 2008.
As stated above, Willert and Petitioner
submitted comments. Specifically,
Petitioner stated that it supported the
Department’s proposed change to the
scope of the investigation.
Consequently, we are modifying the
scope to include language that the
E:\FR\FM\14AUN1.SGM
14AUN1
Federal Register / Vol. 73, No. 158 / Thursday, August 14, 2008 / Notices
Department proposed in its June 27,
2008, letter.
Willert briefly referenced the
Department’s proposed change to the
scope but focused its comments on a
scope clarification request regarding its
vinyl-dipped steel wire garment
hangers, which we address fully in the
Issues and Decision Memorandum at
Comment 1. We are denying Willert’s
scope modification request because both
the Department and Petitioner remain
concerned about the possibility of
circumvention under Willert’s proposed
exclusion. See Issues and Decision
Memorandum at Comment 1.
Scope of Investigation
The merchandise that is subject to
this investigation 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 this
investigation are wooden, plastic, and
other garment hangers that are not made
of steel wire. The products subject to
this investigation are currently
classified under HTSUS subheading
7326.20.0020 and 7323.99.9060.
Although the HTSUS subheading is
provided for convenience and customs
purposes, the written description of the
merchandise is dispositive.
sroberts on PROD1PC70 with NOTICES
Affiliations
In the Preliminary Determination, the
Department determined that, based on
the evidence on the record in this
investigation and based on the evidence
presented in Gangyuan’s questionnaire
responses, we preliminarily found that
Gangyuan is affiliated with Andrew,
Tongzhou, and Company X 5 pursuant
to sections 771(33)(E), (F), and (G) of the
Act, based on ownership and common
control. See Preliminary Determination,
73 FR at 15729. In addition to being
affiliated, we stated that these
individual companies have production
facilities for similar or identical
products that would not require
5 Company X is business proprietary information.
See Memorandum to the File from Julia Hancock,
Senior Case Analyst: Program Analysis for the Final
Determination of Antidumping Duty Investigation
of Steel Wire Garment Hangers from the People’s
Republic of China: Shaoxing Metal Companies,
(August 7, 2008) (‘‘Shaoxing Final Analysis Memo’’)
for more information regarding the identity of this
company.
VerDate Aug<31>2005
15:57 Aug 13, 2008
Jkt 214001
substantial retooling and there is a
significant potential for manipulation of
production based on the level of
common ownership and control, shared
management, and an intertwining of
business operations. See 19 CFR
351.401(f)(1) and (2). Thus, we also
found that they should be considered as
a single entity known as the Shaoxing
Metal Companies for purposes of this
investigation. See 19 CFR 351.401(f).
No other information has been placed
on the record since the Preliminary
Determination to contradict the above
information upon which we based our
finding that these companies constitute
a single entity. Therefore, for the final
determination, we continue to find that
the Shaoxing Metal Companies are a
single entity pursuant to sections
771(33)(E), (F), and (G) of the Act, based
on ownership and common control. We
also continue to determine that they
should be considered as a single entity
for purposes of this investigation. See 19
CFR 351.401(f).
Use of Facts Available
Section 776(a)(2) of the Act provides
that, if an interested party: (A)
Withholds information that has been
requested by the Department; (B) fails to
provide such information in a timely
manner or in the form or manner
requested, subject to sections 782(c)(1)
and (e) of the Act; (C) significantly
impedes a proceeding under the
antidumping statute; or (D) provides
such information but the information
cannot be verified; the Department
shall, subject to subsection 782(d) of the
Act, use facts otherwise available in
reaching the applicable determination.
Section 782(c)(1) of the Act provides
that if an interested party ‘‘promptly
after receiving a request from {the
Department} for information, notifies
{the Department} that such party is
unable to submit the information
requested in the requested form and
manner, together with a full explanation
and suggested alternative form in which
such party is able to submit the
information,’’ the Department may
modify the requirements to avoid
imposing an unreasonable burden on
that party.
Section 782(d) of the Act provides
that, if the Department determines that
a response to a request for information
does not comply with the request, the
Department will inform the person
submitting the response of the nature of
the deficiency and shall, to the extent
practicable, provide that person the
opportunity to remedy or explain the
deficiency. If that person submits
further information that continues to be
unsatisfactory, or this information is not
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
47589
submitted within the applicable time
limits, the Department may, subject to
section 782(e), disregard all or part of
the original and subsequent responses,
as appropriate.
Section 782(e) of the Act states that
the Department shall not decline to
consider information deemed
‘‘deficient’’ under section 782(d) if: (1)
The information is submitted by the
established deadline; (2) the information
can be verified; (3) the information is
not so incomplete that it cannot serve as
a reliable basis for reaching the
applicable determination; (4) the
interested party has demonstrated that it
acted to the best of its ability; and (5)
the information can be used without
undue difficulties.
Furthermore, section 776(b) of the Act
states that if the Department ‘‘finds that
an interested party has failed to
cooperate by not acting to the best of its
ability to comply with a request for
information from the administering
authority..., the administering
authority..., in reaching the applicable
determination under this title, may use
an inference that is adverse to the
interests of that party in selecting from
among the facts otherwise available.’’
See also Statement of Administrative
Action (‘‘SAA’’) accompanying the
Uruguay Round Agreements Act
(URAA), H.R. Rep. No. 103–316, Vol. 1
at 870 (1994), reprinted in 1994
U.S.C.C.A.N. 4040, 4199.
Shanghai Wells
For the final determination, in
accordance with sections 773(c)(3)(B)
and 776(a)(1) of the Act, we have
determined that the use of neutral facts
available (‘‘FA’’) is required for
Shanghai Wells’s consumption of
drawing powder used in the production
of subject merchandise as a factor of
production rather than an overhead
expense, as reported by Shanghai Wells.
See Issues and Decision Memorandum
at Comment 2. As neutral FA, we are
using the public version of the
consumption ratio reported by Shaoxing
Gangyuan, one of the companies within
the single entity, Shaoxing Metal
Companies, the other mandatory
respondent in this investigation. See
Memorandum to the File from Irene
Gorelik, Senior Case Analyst: Program
Analysis for the Final Determination of
Antidumping Duty Investigation of Steel
Wire Garment Hangers from the
People’s Republic of China: Shanghai
Wells (August 7, 2008) (‘‘Shanghai
Wells Final Analysis Memo’’), for
further details on the treatment of
drawing powder. See also Final
Surrogate Value Memo for the surrogate
value used to value drawing powder.
E:\FR\FM\14AUN1.SGM
14AUN1
47590
Federal Register / Vol. 73, No. 158 / Thursday, August 14, 2008 / Notices
sroberts on PROD1PC70 with NOTICES
Additionally, for the final
determination, in accordance with
sections 773(c)(3)(B) of the Act, section
776(a)(2)(A), (B) and (D) of the Act, and
section 776(b) of the Act, we have
determined that the use of adverse facts
available (‘‘AFA’’) is warranted for
Shanghai Wells’s unreported
consumption of water that is used in its
production process. See Issues and
Decision Memorandum at Comment 9D;
Shanghai Wells Verification Report at 2,
35. As partial AFA, we are using
Gangyuan’s public version consumption
ratios for water, which is the only
available consumption ratio on the
record. Additionally, in accordance
with sections 773(c)(3)(B) of the Act,
section 776(a)(2)(A), (B) and (D) of the
Act, and section 776(b) of the Act, we
have determined that the use of AFA is
warranted for Shanghai Wells’s
unreported consumption of lubricant
lard that is used in the production
process. See id. To account for Shanghai
Wells’s lubricant lard, because
Gangyuan did not use lubricant lard in
the production of subject merchandise
and as there is no lubricant lard
consumption information on the record,
the Department will use Gangyuan’s
water consumption ratio a second time
as a proxy for the lubricant lard. We
find this to be appropriate because
Shanghai Wells uses two lubricant
inputs in the wire rod drawing process,
and we are using the only record
information on lubricant inputs as the
AFA plug for each lubricant input used
by Shanghai Wells. Given the limited
information on the record, we find this
to be a sufficient basis for an adverse
inference.
Shaoxing Metal Companies
For the final determination, in
accordance with section 776(a)(2)(B) of
the Act, we have determined that the
use of partial neutral FA is required for
the Shaoxing Metal Companies’
consumption of water. See Issues and
Decision Memorandum at Comment 8D.
As partial FA, we are using certain
months of reported data during the POI
to calculate an average of the Shaoxing
Metal Companies’ average actual
consumption of water. See
Memorandum to the File from Julia
Hancock, Senior Case Analyst: Program
Analysis for the Final Determination of
Antidumping Duty Investigation of Steel
Wire Garment Hangers from the
People’s Republic of China: Shaoxing
Metal Companies, (August 7, 2008)
(‘‘Shaoxing Final Analysis Memo’’) for
further details on the treatment of water.
Additionally, for the final
determination, in accordance with
sections 776(a)(2)(A), (B) and (D) of the
VerDate Aug<31>2005
15:57 Aug 13, 2008
Jkt 214001
Act, and section 776(b) of the Act, we
have determined that the use of AFA is
warranted for the Shaoxing Metal
Companies’ unverified white paper
inputs, brown paper inputs, and steel
scrap sales. See Issues and Decision
Memorandum at Comment 8E; the
Shaoxing Metal Verification Report, at
33–34, 37, and 46–47. As partial AFA
for Gangyuan’s and Andrew’s white
paper, we have assigned Tongzhou’s
highest verified usage ratio of white
paper on the record as the usage ratio
for Gangyuan’s and Andrew’s
consumption of white paper.
Additionally, as partial AFA for the
Gangyuan’s, Andrew’s, and Tongzhou’s
brown paper, we have assigned the
highest usage ratio of brown paper of
the three companies on the record as
each company’s consumption of brown
paper. Moreover, as partial AFA for
Gangyuan’s, Andrew’s, and Tongzhou’s
steel scrap sales, we have not granted
them a by-product offset for the final
determination. See Shaoxing Final
Analysis Memo for further details of the
normal value calculation.
Finally, for the final determination, in
accordance with sections 776(a)(2)(A),
and (B) of the Act, we have determined
that the use of partial neutral FA is
required for the Shaoxing Metal
Companies’ direct labor and packing
labor because assembly labor was
incorrectly included in Gangyuan’s and
Andrew’s packing labor. See Shaoxing
Final Analysis Memo; see also the
Shaoxing Metal Verification Report, at
43 and Verification Exhibit 17. As
partial FA for the Shaoxing Metal
Companies’ direct labor and packing
labor, we have calculated direct labor,
which includes assembly labor, using
the total number of direct labor hours
for April 2007, and calculated packing
labor, not including assembly labor,
using the total number of packing labor
hours for April 2007. See Shaoxing
Final Analysis Memo for further details
of the normal value calSculation.
Verification
As provided in section 782(i) of the
Act, we verified the information
submitted by the respondents for use in
our final determination. See the
Department’s verification reports on the
record of this investigation in the CRU
with respect to Shanghai Wells and the
Shaoxing Metal Companies. For both
verified companies, we used standard
verification procedures, including
examination of relevant accounting and
production records, as well as original
source documents provided by
respondents.
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
Surrogate Country
In the Preliminary Determination, we
stated that we had selected India as the
appropriate surrogate country to use in
this investigation for the following
reasons: (1) It is a significant producer
of comparable merchandise; (2) it is at
a similar level of economic development
pursuant to 773(c)(4) of the Act; and (3)
we have reliable data from India that we
can use to value the factors of
production. See Preliminary
Determination, 73 FR at 15728–15729.
For the final determination, we received
no comments and made no changes to
our findings with respect to the
selection of a surrogate country.
Separate Rates
In proceedings involving NME
countries, the Department begins with a
rebuttable presumption that all
companies within the country are
subject to government control and, thus,
should be assigned a single
antidumping duty deposit rate. It is the
Department’s policy to assign all
exporters of merchandise subject to an
investigation in an NME country this
single rate unless an exporter can
demonstrate that it is sufficiently
independent so as to be entitled to a
separate rate. See Final Determination of
Sales at Less Than Fair Value: Sparklers
From the People’s Republic of China, 56
FR 20588 (May 6, 1991) (‘‘Sparklers’’),
as amplified by Notice of Final
Determination of Sales at Less Than
Fair Value: Silicon Carbide From the
People’s Republic of China, 59 FR 22585
(May 2, 1994) (‘‘Silicon Carbide’’), and
Section 351.107(d) of the Department’s
regulations.
In the Preliminary Determination, we
found that Shanghai Wells, the
Shaoxing Metal Companies, and certain
separate rate applicants who received a
separate rate 6 (‘‘Separate Rate
Recipients’’) in the Preliminary
Determination demonstrated their
eligibility for separate-rate status. For
the final determination, we continue to
find that the evidence placed on the
record of this investigation by Shanghai
Wells, the Shaoxing Metal Companies,
and the Separate Rate Recipients
demonstrate both a de jure and de facto
6 These companies are: Jiangyin Hongji Metal
Products Co., Ltd, Shaoxing Meideli Metal Hanger
Co., Ltd., Shaoxing Dingli Metal Clotheshorse Co.,
Ltd., Shaoxing Liangbao Metal Manufactured Co.
Ltd., Shaoxing Zhongbao Metal Manufactured Co.
Ltd., Shangyu Baoxiang Metal Manufactured Co.
Ltd., Zhejiang Lucky Cloud Hanger Co., Ltd., Pu
Jiang County Command Metal Products Co., Ltd.,
Shaoxing Shunji Metal Clotheshorse Co., Ltd.,
Ningbo Dasheng Hanger Ind. Co., Ltd., Jiaxing Boyi
Medical Device Co., Ltd., Yiwu Ao-Si Metal
Products Co., Ltd., and Shaoxing Guochao Metallic
Products Co., Ltd.
E:\FR\FM\14AUN1.SGM
14AUN1
47591
Federal Register / Vol. 73, No. 158 / Thursday, August 14, 2008 / Notices
absence of government control, with
respect to their respective exports of the
merchandise under investigation, and,
thus are eligible for separate rate status.
In the Preliminary Determination, the
Department denied a separate rate to
Tianjin Hongtong Metal Manufacture
Co., Ltd. (‘‘Hongtong’’) because it was
unable to demonstrate that it had sales
of the merchandise under consideration
to the United States. We found that
Hongtong was a producer and not an
exporter of the merchandise under
consideration during the POI and,
therefore, was not eligible to receive a
separate rate in this investigation. See
Preliminary Determination, 73 FR at
15730–31. The Department has not
received any information from
Hongtong contrary to our preliminary
finding. Therefore, we continue to find
that Hongtong is not eligible to receive
a separate rate in this investigation.
Lastly, we are calculating the separate
rate based on the simple average of the
two mandatory respondents because
using a weighted average risks
disclosure of business proprietary
information. See Fresh Garlic from the
People’s Republic of China: Final
Results and Partial Rescission of the
12th Administrative Review, 73 FR
34251, 34252 (June 17, 2008);
Memorandum to the File, from Irene
Gorelik, Senior Analyst, Office 9, Import
Administration, Subject: Investigation of
Steel Wire Garment Hangers from the
People’s Republic of China: Final
Simple-Averaged Margin for Separate
Rate Companies, (August 7, 2008) at
Attachment I.
The PRC-Wide Rate
In the Preliminary Determination, the
Department stated that information on
the record of this investigation indicates
that there are numerous producers/
exporters of hangers in the PRC. As
stated in the Preliminary Determination,
the Department collected CBP data to
select respondents based on imports of
hangers classified under HTSUS
subheading 7326.20.00.20. See
Preliminary Determination, 73 FR at
15731. Furthermore, upon receipt of
separate-rates applications, we
examined the CBP data and determined
that a significant number of exporters of
hangers from the PRC during the POI
were neither selected for review nor
filed separate-rate applications; thus, we
determined that PRC exporters of
hangers are not active participants in
this investigation. Based upon our
knowledge of the volume of imports of
the merchandise under consideration
from the PRC from CBP data, the
volume of imports of the merchandise
under consideration from Shanghai
Wells, the Shaoxing Metal Companies,
and the separate-rate applicants, while
accounting for a significant share, do
not account for all imports into the
United States. Therefore, the
Department continues to determine that
there were PRC producers/exporters of
the merchandise under consideration
during the POI that did not apply for
separate rates, thus establishing that
there is a PRC-Wide entity with respect
to this product. Therefore, consistent
with the presumption of government
control, we continue to determine that
some exports of subject merchandise are
from entities under the control of the
PRC-Wide entity. The Department’s
presumption that these entries were
subject to government control has not
been rebutted since the Preliminary
Determination, thus we continue to
determine that these entries should be
assessed a single PRC-Wide
antidumping duty rate.
As the single PRC-Wide rate, we have
taken the simple average of: (A) The
weighted-average of the calculated rates
for the Shaoxing Metal Companies and
Shanghai Wells and (B) a simple average
of petition rates based on U.S. prices
and normal values within the range of
the U.S. prices and normal values
calculated for the Shaoxing Metal
Companies and Shanghai Wells. This
rate applies to all entries of the
merchandise under investigation with
the exception of those entries from
Shanghai Wells, the Shaoxing Metal
Companies, and the Separate-Rate
Recipients. See Amended Preliminary
Determination, 73 FR at 20020.
Final Determination Margins
We determine that the following
percentage weighted-average margins
exist for the POI:
STEEL WIRE GARMENT HANGERS FROM THE PRC—FINAL DUMPING MARGINS
Weighted-average
deposit rate
(percent)
Exporter & Producer
sroberts on PROD1PC70 with NOTICES
Shanghai Wells Hanger Co., Ltd. ................................................................................................................................................
Shaoxing Metal Companies .........................................................................................................................................................
Jiangyin Hongji Metal Products Co., Ltd .....................................................................................................................................
Shaoxing Meideli Metal Hanger Co., Ltd. ...................................................................................................................................
Shaoxing Dingli Metal Clotheshorse Co., Ltd. ............................................................................................................................
Shaoxing Liangbao Metal Manufactured Co. Ltd. .......................................................................................................................
Shaoxing Zhongbao Metal Manufactured Co. Ltd. .....................................................................................................................
Shangyu Baoxiang Metal Manufactured Co. Ltd. .......................................................................................................................
Zhejiang Lucky Cloud Hanger Co., Ltd. ......................................................................................................................................
Pu Jiang County Command Metal Products Co., Ltd. ................................................................................................................
Shaoxing Shunji Metal Clotheshorse Co., Ltd. ...........................................................................................................................
Ningbo Dasheng Hanger Ind. Co., Ltd. .......................................................................................................................................
Jiaxing Boyi Medical Device Co., Ltd. .........................................................................................................................................
Yiwu Ao-Si Metal Products Co., Ltd. ...........................................................................................................................................
Shaoxing Guochao Metallic Products Co., Ltd. ..........................................................................................................................
PRC-Wide Rate 7 .........................................................................................................................................................................
7 The PRC-Wide entity includes Tianjin Hongtong
Metal Manufacture Co. Ltd.
VerDate Aug<31>2005
15:57 Aug 13, 2008
Jkt 214001
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
E:\FR\FM\14AUN1.SGM
14AUN1
15.44
94.06
54.75
54.75
54.75
54.75
54.75
54.75
54.75
54.75
54.75
54.75
54.75
54.75
54.75
186.98
47592
Federal Register / Vol. 73, No. 158 / Thursday, August 14, 2008 / Notices
Disclosure
We will disclose the calculations
performed within five days of the date
of publication of this notice to parties in
this proceeding in accordance with 19
CFR 351.224(b).
imports of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the effective
date of the suspension of liquidation.
See id.; section 736 of the Act.
Retroactive Application of Amended
Preliminary Determination Cash
Deposits
For all entries of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the Preliminary
Determination, March 25, 2008, and
before the publication date of the
Amended Preliminary Determination,
April 14, 2008, we will instruct CBP to
apply the cash deposit rates from the
Amended Preliminary Determination.
See Issues and Decision Memorandum
at Comment 8H.
This notice also serves as a reminder
to the parties subject to administrative
protective order (‘‘APO’’) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305. Timely
notification of return or destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
This determination and notice are
issued and published in accordance
with sections 735(d) and 777(i)(1) of the
Act.
sroberts on PROD1PC70 with NOTICES
Continuation of Suspension of
Liquidation
We will instruct CBP to continue the
suspension of liquidation required by
section 735(d)(2) of the Act, of all
entries of subject merchandise from
Shanghai Wells, the Shaoxing Metal
Companies, the Separate-Rate
Recipients and the PRC-wide entity
entered, or withdrawn from warehouse,
for consumption on or after March 25,
2008, the date of publication of the
Preliminary Determination. CBP shall
continue to require a cash deposit or the
posting of a bond equal to the estimated
amount by which the normal value
exceeds the U.S. price as shown above.
See section 735(c)(1)(B)(ii) of the Act.
The suspension of liquidation
instructions will remain in effect until
further notice.
ITC Notification
In accordance with section 735(d) of
the Act, we have notified the
International Trade Commission (‘‘ITC’’)
of our final determination of sales at
LTFV. As our final determination is
affirmative, in accordance with section
735(b)(2) of the Act, within 45 days the
ITC will determine whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports or
sales (or the likelihood of sales) for
importation of the subject merchandise.
If the ITC determines that material
injury or threat of material injury does
not exist, the proceeding will be
terminated and all securities posted will
be refunded or canceled. See section
735(c)(2) of the Act. If the ITC
determines that such injury does exist,
the Department will issue an
antidumping duty order directing CBP
to assess antidumping duties on all
VerDate Aug<31>2005
15:57 Aug 13, 2008
Jkt 214001
Notification Regarding APO
I. General Issues
Comment 1: Scope
Comment 2: Treatment of Drawing Powder
Surrogate Values
Comment 3: Financial Ratios
Comment 4: Wire Rod Surrogate Value
Comment 5: Coating Powder and Glue
Surrogate Values
Comment 6: Wage Rate
Comment 7: Steel Scrap Offset Surrogate
Value
Company Specific Comments
Comment 8: Shaoxing Metal Companies 8
A. Total Adverse Facts Available (‘‘AFA’’)
for the Shaoxing Metal Companies
B. Total AFA for Quantity and Value
(‘‘Q&V’’) of U.S. Sales
C. Partial AFA for Sales Trace A9
D. Partial AFA for Water
8 The Shaoxing Metal Companies consist of:
Shaoxing Gangyuan Metal Manufactured Co., Ltd.
(‘‘Gangyuan’’), Shaoxing Andrew Metal
Manufactured Co., Ltd. (‘‘Andrew’’), Shaoxing
Tongzhou Metal Manufactured Co., Ltd.
(‘‘Tongzhou’’), and Company X. The Department
normally does not consider a respondent’s
supplier’s name to be business proprietary
information. However, in this instance, counsel for
the Shaoxing Metal Companies bracketed this
information as business proprietary and the
Department did not challenge this treatment. See
Memorandum to the File from Julia Hancock,
Senior Case Analyst: Program Analysis for the Final
Determination of Antidumping Duty Investigation
of Steel Wire Garment Hangers from the People’s
Republic of China: Shaoxing Metal Companies,
(August 7, 2008) (‘‘Shaoxing Final Analysis Memo’’)
for more information regarding the identify of this
company; Shaoxing Metal Companies’ Request for
Collapsing, (February 26, 2008) at 15.
9 Because of the proprietary information of this
sales trace, for further information, please see the
Shaoxing Metal Verification Report at 21.
Fmt 4703
Sfmt 4703
DEPARTMENT OF DEFENSE
Notice of Intent To Grant an Exclusive
Patent License
Appendix I—Discussion of the Issues
Frm 00014
BILLING CODE 3510–DS–P
Department of the Air Force
Dated: August 7, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
PO 00000
E. Partial AFA for White Paper, Brown
Paper, and Steel Scrap Sales
F. Reporting of Wire and Wire Rod
G. Management and Administrative Labor
H. Retroactive Implementation of
Amended Preliminary Determination
Comment 9: Shanghai Wells 10
A. Demurrage Revenue
B. Commission Revenue
C. Wells USA’s Indirect Selling Expenses
D. Treatment of Water and Lubricant Lard
E. Treatment of Market Economy (‘‘ME’’)
Purchase
F. Elimination of Credit Expenses from
Constructed Export Price (‘‘CEP’’) Profit
G. Sales to Customer X: Export Price (‘‘EP’’)
or CEP 11
H. Payment Terms
I. Truck Freight and Brokerage
[FR Doc. E8–18851 Filed 8–13–08; 8:45 am]
Department of the Air Force.
Notice.
AGENCY:
ACTION:
SUMMARY: Pursuant to the provisions of
Part 404 of Title 37, Code of Federal
Regulations, which implements Public
Law 96–517, as amended, the
Department of the Air Force announces
its intention to grant Parhelion Labs,
Incorporated in the State of California,
having a place of business at 1660 S.
Amphlett Blvd., Suite 350, San Mateo,
California 94402, an exclusive license in
any right, title and interest the Air Force
has in:
U.S. Patent No. 6,497,718, issued
December 24, 2002, entitled ‘‘Process
for phase-locking human ovulation/
menstrual cycles’’ by Edmond M.
Dewan.
A license for this patent will be
granted unless a written objection is
received within fifteen (15) days from
the date of publication of this Notice.
FOR FURTHER INFORMATION CONTACT:
Written objection should be sent to:
James M. Skorich, Esq., 2251 Maxwell
Ave., SE., 377th ABW/JAN Kirtland
DATES:
10 Shanghai Wells Hanger Co., Ltd. (‘‘Shanghai
Wells’’).
11 The name of Customer X is business
proprietary information. See Memorandum to the
File from Irene Gorelik, Senior Case Analyst:
Program Analysis for the Final Determination of
Antidumping Duty Investigation of Steel Wire
Garment Hangers from the People’s Republic of
China: Shanghai Wells, (August 7, 2008) (‘‘Shanghai
Wells Final Analysis Memo’’) for more information
regarding the identity of this customer.
E:\FR\FM\14AUN1.SGM
14AUN1
]]>Agencies
[Federal Register Volume 73, Number 158 (Thursday, August 14, 2008)]
[Notices]
[Pages 47587-47592]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-18851]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-918]
Steel Wire Garment Hangers from the People's Republic of China:
Final Determination of Sales at Less Than Fair Value
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: August 14, 2008.
SUMMARY: On March 25, 2008, the Department of Commerce (``Department'')
published its preliminary determination of sales at less than fair
value (``LTFV'') in the antidumping investigation of steel wire garment
hangers (``hangers'') from the People's Republic of China (``PRC''). On
April 14, 2008, the Department published its amended preliminary
determination. The period of investigation (``POI'') is January 1,
2007, to June 30, 2007. We invited interested parties to comment on our
preliminary determination of sales at LTFV. Based on our analysis of
the comments we received, we have made changes to our calculations for
the mandatory respondents. The final dumping margins for this
investigation are listed in the ``Final Determination Margins'' section
below.
FOR FURTHER INFORMATION CONTACT: Irene Gorelik or Julia Hancock, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC
20230; telephone: (202) 482-6905 or (202) 482-1394, respectively.
Final Determination
We determine that hangers from the PRC are being, or are likely to
be, sold in the United States at LTFV as provided in section 735 of the
Tariff Act of 1930, as amended (``the Act''). The estimated margins of
sales at LTFV are shown in the ``Final Determination Margins'' section
of this notice.
SUPPLEMENTARY INFORMATION:
[[Page 47588]]
Case History
The Department published its preliminary determination of sales at
LTFV on March 25, 2008. See Preliminary Determination of Sales at Less
Than Fair Value: Steel Wire Garment Hangers from the People's Republic
of China 73 FR 15726 (March 25, 2008) (``Preliminary Determination'').
Due to a significant ministerial error, the Department published its
amended preliminary determination of sales at LTFV on April 14, 2008.
See Steel Wire Garment Hangers from the People's Republic of China:
Amended Preliminary Determination of Sales at Less Than Fair Value and
Postponement of Final Determination 73 FR 20018 (April 14, 2008)
(``Amended Preliminary Determination''). Additionally, the Department
postponed the deadline for the final determination by 60 days to August
7, 2008. See id. at 20020-20021. On April 24, 2008, certain separate
rate respondents represented by Greenberg Traurig \1\ (``Greenberg
Respondents'') filed a timely request for a public hearing. Between May
21, 2008, and June 6, 2008, the Department conducted verifications of
Shanghai Wells Hanger Co., Ltd. (``Shanghai Wells'') and the Shaoxing
Metal Companies.\2\ See the ``Verification'' section below for
additional information.
---------------------------------------------------------------------------
\1\ These companies are: United Wire Hanger Corporation, Laidlaw
Company, Zhejiang Lucky Cloud Hanger Co., Ltd., Shangyu Baoxiang
Metal Product Co., Ltd., Shaoxing Dingli Metal Clotheshorse Co.,
Shaoxing Meideli Metal Hanger Co., Ltd., Shaoxing Shunji Metal
Clotheshorse Co., Ltd., and Shaoxing Zhongbao Metal Manufactured Co.
Ltd., Shaoxing Liangbao Metal Manufactured Co. Ltd.
\2\ The Shaoxing Metal Companies consist of: Shaoxing Gangyuan
Metal Manufactured Co., Ltd. (``Gangyuan''), Shaoxing Andrew Metal
Manufactured Co., Ltd. (``Andrew''), Shaoxing Tongzhou Metal
Manufactured Co., Ltd. (``Tongzhou''), and Company X. The Department
normally does not consider a respondent's supplier's name to be
business proprietary information. However, in this instance, counsel
for the Shaoxing Metal Companies bracketed this information as
business proprietary and the Department did not challenge this
treatment. See Memorandum to the File from Julia Hancock, Senior
Case Analyst: Program Analysis for the Final Determination of
Antidumping Duty Investigation of Steel Wire Garment Hangers from
the People's Republic of China: Shaoxing Metal Companies, (August 7,
2008) (``Shaoxing Final Analysis Memo'') for more information
regarding the identity of this company; Shaoxing Metal Companies'
Request for Collapsing, (February 26, 2008) at 15.
---------------------------------------------------------------------------
On June 27, 2008, we invited parties to comment on the Department's
proposed change to the scope language within the Preliminary
Determination. On July 7, 2008, Petitioner \3\ and Home Products
(Shanghai) Co., Ltd., and Willert Home Products, Inc. (collectively
``Willert'') submitted comments regarding the Department's proposed
scope language change. Additionally, Willert included a scope
clarification request in its comments dated July 7, 2008, which the
Department addresses in the ``Analysis of Comments Received'' and
``Scope Modifications'' sections below.
---------------------------------------------------------------------------
\3\ The Petitioner is M&B Metal Products Company Inc.
---------------------------------------------------------------------------
Upon the July 3, 2008, release of the second of two verification
reports,\4\ we invited parties to comment on the Preliminary
Determination. On July 10, 2008, Petitioner, Shanghai Wells, the
Shaoxing Metal Companies, and other interested parties filed case
briefs. On July 11, 2008, the Department rejected the case brief
submitted by the Greenberg Respondents because it contained untimely,
new factual information. See the Department's letter to all interested
parties dated July 11, 2008. On July 11, 2008, the Greenberg
Respondents resubmitted their revised case brief, which the Department
also rejected because the untimely, new information had not been
properly redacted in its entirety. See the Department's letter to all
interested parties dated July 14, 2008. On July 15, 2008, the Greenberg
Respondents resubmitted their case brief with the untimely, new
information redacted in its entirety. On July 15, 2008, the Shaoxing
Metal Companies, Shanghai Wells, and Petitioner filed rebuttal briefs.
On July 17, 2008, the Greenberg Traurig Respondents withdrew their
request for a public hearing, leaving no public hearing request on the
record.
---------------------------------------------------------------------------
\4\ See Memorandum to the File through Catherine Bertrand,
Program Manager, Office 9, from Irene Gorelik, Senior Case Analyst:
Verification of the Sales and Factors Response of Shanghai Wells
Hanger Co., Ltd. in the Antidumping Investigation of Steel Wire
Garment Hangers from the People's Republic of China (``PRC'') (July
1, 2008) (``Shanghai Wells Verification Report''), and Memorandum to
the File through Catherine Bertrand, Program Manager, Office 9, from
Julia Hancock, Senior Case Analyst: Verification of the Sales and
Factors Response of the Shaoxing Metal Companies in the Antidumping
Investigation of Steel Wire Garment Hangers from the People's
Republic of China (``PRC''), (July 3, 2008) (``Shaoxing Metal
Verification Report'').
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this investigation are addressed in the ``Investigation of Steel Wire
Garment Hangers from the People's Republic of China: Issues and
Decision Memorandum,'' dated August 7, 2008 (``Issues and Decision
Memorandum''), which is hereby adopted by this notice. A list of the
issues which parties raised and to which we respond in the Issues and
Decision Memorandum is attached to this notice as an appendix. The
Issue and Decision Memorandum is a public document and is on file in
the Central Records Unit (``CRU''), Main Commerce Building, Room 1117,
and is accessible on the World Wide Web at https://www.trade.gov/ia. The
paper copy and electronic version of the memorandum are identical in
content.
Changes Since the Preliminary Determination
Based on our analysis of information on the record of this
investigation, and comments received from the interested parties, we
have made changes to the margin calculations for the Shaoxing Metal
Companies and Shanghai Wells. We have revalued several of the surrogate
values used in the Preliminary Determination. The values that were
modified for this final determination are those for surrogate financial
ratios, steel scrap, and the wage rate. For further details see Issues
and Decision Memorandum at Comments 3, 6, and 7, and Memorandum to the
File from Julia Hancock, through Catherine Bertrand, Program Manager,
AD/CVD Operations, Office 9, and James C. Doyle, Director, AD/CVD
Operations, Office 9; Steel Wire Garment Hangers from the People's
Republic of China: Surrogate Values for the Final Determination, dated
August 7, 2008 (``Final Surrogate Value Memo'').
In addition, we have made some company-specific changes since the
Preliminary Determination. Specifically, we have incorporated, where
applicable, post-preliminary clarifications based on verification and
corrected certain clerical errors for Shanghai Wells. We have also
applied partial adverse facts available, where applicable, for various
findings from verification of both companies. For further details on
these company-specific changes, see Issues and Decision Memorandum at
Comments 8 and 9.
Scope Modifications
Since the publication of the Preliminary Determination, the
Department became concerned that certain language in the scope might
create opportunities for circumvention. Therefore, on June 27, 2008,
the Department invited interested parties to comment on a proposed
change to the scope language. See Letter to All Interested Parties,
dated June 27, 2008. As stated above, Willert and Petitioner submitted
comments. Specifically, Petitioner stated that it supported the
Department's proposed change to the scope of the investigation.
Consequently, we are modifying the scope to include language that the
[[Page 47589]]
Department proposed in its June 27, 2008, letter.
Willert briefly referenced the Department's proposed change to the
scope but focused its comments on a scope clarification request
regarding its vinyl-dipped steel wire garment hangers, which we address
fully in the Issues and Decision Memorandum at Comment 1. We are
denying Willert's scope modification request because both the
Department and Petitioner remain concerned about the possibility of
circumvention under Willert's proposed exclusion. See Issues and
Decision Memorandum at Comment 1.
Scope of Investigation
The merchandise that is subject to this investigation 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 this
investigation are wooden, plastic, and other garment hangers that are
not made of steel wire. The products subject to this investigation are
currently classified under HTSUS subheading 7326.20.0020 and
7323.99.9060.
Although the HTSUS subheading is provided for convenience and
customs purposes, the written description of the merchandise is
dispositive.
Affiliations
In the Preliminary Determination, the Department determined that,
based on the evidence on the record in this investigation and based on
the evidence presented in Gangyuan's questionnaire responses, we
preliminarily found that Gangyuan is affiliated with Andrew, Tongzhou,
and Company X \5\ pursuant to sections 771(33)(E), (F), and (G) of the
Act, based on ownership and common control. See Preliminary
Determination, 73 FR at 15729. In addition to being affiliated, we
stated that these individual companies have production facilities for
similar or identical products that would not require substantial
retooling and there is a significant potential for manipulation of
production based on the level of common ownership and control, shared
management, and an intertwining of business operations. See 19 CFR
351.401(f)(1) and (2). Thus, we also found that they should be
considered as a single entity known as the Shaoxing Metal Companies for
purposes of this investigation. See 19 CFR 351.401(f).
---------------------------------------------------------------------------
\5\ Company X is business proprietary information. See
Memorandum to the File from Julia Hancock, Senior Case Analyst:
Program Analysis for the Final Determination of Antidumping Duty
Investigation of Steel Wire Garment Hangers from the People's
Republic of China: Shaoxing Metal Companies, (August 7, 2008)
(``Shaoxing Final Analysis Memo'') for more information regarding
the identity of this company.
---------------------------------------------------------------------------
No other information has been placed on the record since the
Preliminary Determination to contradict the above information upon
which we based our finding that these companies constitute a single
entity. Therefore, for the final determination, we continue to find
that the Shaoxing Metal Companies are a single entity pursuant to
sections 771(33)(E), (F), and (G) of the Act, based on ownership and
common control. We also continue to determine that they should be
considered as a single entity for purposes of this investigation. See
19 CFR 351.401(f).
Use of Facts Available
Section 776(a)(2) of the Act provides that, if an interested party:
(A) Withholds information that has been requested by the Department;
(B) fails to provide such information in a timely manner or in the form
or manner requested, subject to sections 782(c)(1) and (e) of the Act;
(C) significantly impedes a proceeding under the antidumping statute;
or (D) provides such information but the information cannot be
verified; the Department shall, subject to subsection 782(d) of the
Act, use facts otherwise available in reaching the applicable
determination.
Section 782(c)(1) of the Act provides that if an interested party
``promptly after receiving a request from {the Department{time} for
information, notifies {the Department{time} that such party is unable
to submit the information requested in the requested form and manner,
together with a full explanation and suggested alternative form in
which such party is able to submit the information,'' the Department
may modify the requirements to avoid imposing an unreasonable burden on
that party.
Section 782(d) of the Act provides that, if the Department
determines that a response to a request for information does not comply
with the request, the Department will inform the person submitting the
response of the nature of the deficiency and shall, to the extent
practicable, provide that person the opportunity to remedy or explain
the deficiency. If that person submits further information that
continues to be unsatisfactory, or this information is not submitted
within the applicable time limits, the Department may, subject to
section 782(e), disregard all or part of the original and subsequent
responses, as appropriate.
Section 782(e) of the Act states that the Department shall not
decline to consider information deemed ``deficient'' under section
782(d) if: (1) The information is submitted by the established
deadline; (2) the information can be verified; (3) the information is
not so incomplete that it cannot serve as a reliable basis for reaching
the applicable determination; (4) the interested party has demonstrated
that it acted to the best of its ability; and (5) the information can
be used without undue difficulties.
Furthermore, section 776(b) of the Act states that if the
Department ``finds that an interested party has failed to cooperate by
not acting to the best of its ability to comply with a request for
information from the administering authority..., the administering
authority..., in reaching the applicable determination under this
title, may use an inference that is adverse to the interests of that
party in selecting from among the facts otherwise available.'' See also
Statement of Administrative Action (``SAA'') accompanying the Uruguay
Round Agreements Act (URAA), H.R. Rep. No. 103-316, Vol. 1 at 870
(1994), reprinted in 1994 U.S.C.C.A.N. 4040, 4199.
Shanghai Wells
For the final determination, in accordance with sections
773(c)(3)(B) and 776(a)(1) of the Act, we have determined that the use
of neutral facts available (``FA'') is required for Shanghai Wells's
consumption of drawing powder used in the production of subject
merchandise as a factor of production rather than an overhead expense,
as reported by Shanghai Wells. See Issues and Decision Memorandum at
Comment 2. As neutral FA, we are using the public version of the
consumption ratio reported by Shaoxing Gangyuan, one of the companies
within the single entity, Shaoxing Metal Companies, the other mandatory
respondent in this investigation. See Memorandum to the File from Irene
Gorelik, Senior Case Analyst: Program Analysis for the Final
Determination of Antidumping Duty Investigation of Steel Wire Garment
Hangers from the People's Republic of China: Shanghai Wells (August 7,
2008) (``Shanghai Wells Final Analysis Memo''), for further details on
the treatment of drawing powder. See also Final Surrogate Value Memo
for the surrogate value used to value drawing powder.
[[Page 47590]]
Additionally, for the final determination, in accordance with
sections 773(c)(3)(B) of the Act, section 776(a)(2)(A), (B) and (D) of
the Act, and section 776(b) of the Act, we have determined that the use
of adverse facts available (``AFA'') is warranted for Shanghai Wells's
unreported consumption of water that is used in its production process.
See Issues and Decision Memorandum at Comment 9D; Shanghai Wells
Verification Report at 2, 35. As partial AFA, we are using Gangyuan's
public version consumption ratios for water, which is the only
available consumption ratio on the record. Additionally, in accordance
with sections 773(c)(3)(B) of the Act, section 776(a)(2)(A), (B) and
(D) of the Act, and section 776(b) of the Act, we have determined that
the use of AFA is warranted for Shanghai Wells's unreported consumption
of lubricant lard that is used in the production process. See id. To
account for Shanghai Wells's lubricant lard, because Gangyuan did not
use lubricant lard in the production of subject merchandise and as
there is no lubricant lard consumption information on the record, the
Department will use Gangyuan's water consumption ratio a second time as
a proxy for the lubricant lard. We find this to be appropriate because
Shanghai Wells uses two lubricant inputs in the wire rod drawing
process, and we are using the only record information on lubricant
inputs as the AFA plug for each lubricant input used by Shanghai Wells.
Given the limited information on the record, we find this to be a
sufficient basis for an adverse inference.
Shaoxing Metal Companies
For the final determination, in accordance with section
776(a)(2)(B) of the Act, we have determined that the use of partial
neutral FA is required for the Shaoxing Metal Companies' consumption of
water. See Issues and Decision Memorandum at Comment 8D. As partial FA,
we are using certain months of reported data during the POI to
calculate an average of the Shaoxing Metal Companies' average actual
consumption of water. See Memorandum to the File from Julia Hancock,
Senior Case Analyst: Program Analysis for the Final Determination of
Antidumping Duty Investigation of Steel Wire Garment Hangers from the
People's Republic of China: Shaoxing Metal Companies, (August 7, 2008)
(``Shaoxing Final Analysis Memo'') for further details on the treatment
of water.
Additionally, for the final determination, in accordance with
sections 776(a)(2)(A), (B) and (D) of the Act, and section 776(b) of
the Act, we have determined that the use of AFA is warranted for the
Shaoxing Metal Companies' unverified white paper inputs, brown paper
inputs, and steel scrap sales. See Issues and Decision Memorandum at
Comment 8E; the Shaoxing Metal Verification Report, at 33-34, 37, and
46-47. As partial AFA for Gangyuan's and Andrew's white paper, we have
assigned Tongzhou's highest verified usage ratio of white paper on the
record as the usage ratio for Gangyuan's and Andrew's consumption of
white paper. Additionally, as partial AFA for the Gangyuan's, Andrew's,
and Tongzhou's brown paper, we have assigned the highest usage ratio of
brown paper of the three companies on the record as each company's
consumption of brown paper. Moreover, as partial AFA for Gangyuan's,
Andrew's, and Tongzhou's steel scrap sales, we have not granted them a
by-product offset for the final determination. See Shaoxing Final
Analysis Memo for further details of the normal value calculation.
Finally, for the final determination, in accordance with sections
776(a)(2)(A), and (B) of the Act, we have determined that the use of
partial neutral FA is required for the Shaoxing Metal Companies' direct
labor and packing labor because assembly labor was incorrectly included
in Gangyuan's and Andrew's packing labor. See Shaoxing Final Analysis
Memo; see also the Shaoxing Metal Verification Report, at 43 and
Verification Exhibit 17. As partial FA for the Shaoxing Metal
Companies' direct labor and packing labor, we have calculated direct
labor, which includes assembly labor, using the total number of direct
labor hours for April 2007, and calculated packing labor, not including
assembly labor, using the total number of packing labor hours for April
2007. See Shaoxing Final Analysis Memo for further details of the
normal value calSculation.
Verification
As provided in section 782(i) of the Act, we verified the
information submitted by the respondents for use in our final
determination. See the Department's verification reports on the record
of this investigation in the CRU with respect to Shanghai Wells and the
Shaoxing Metal Companies. For both verified companies, we used standard
verification procedures, including examination of relevant accounting
and production records, as well as original source documents provided
by respondents.
Surrogate Country
In the Preliminary Determination, we stated that we had selected
India as the appropriate surrogate country to use in this investigation
for the following reasons: (1) It is a significant producer of
comparable merchandise; (2) it is at a similar level of economic
development pursuant to 773(c)(4) of the Act; and (3) we have reliable
data from India that we can use to value the factors of production. See
Preliminary Determination, 73 FR at 15728-15729. For the final
determination, we received no comments and made no changes to our
findings with respect to the selection of a surrogate country.
Separate Rates
In proceedings involving NME countries, the Department begins with
a rebuttable presumption that all companies within the country are
subject to government control and, thus, should be assigned a single
antidumping duty deposit rate. It is the Department's policy to assign
all exporters of merchandise subject to an investigation in an NME
country this single rate unless an exporter can demonstrate that it is
sufficiently independent so as to be entitled to a separate rate. See
Final Determination of Sales at Less Than Fair Value: Sparklers From
the People's Republic of China, 56 FR 20588 (May 6, 1991)
(``Sparklers''), as amplified by Notice of Final Determination of Sales
at Less Than Fair Value: Silicon Carbide From the People's Republic of
China, 59 FR 22585 (May 2, 1994) (``Silicon Carbide''), and Section
351.107(d) of the Department's regulations.
In the Preliminary Determination, we found that Shanghai Wells, the
Shaoxing Metal Companies, and certain separate rate applicants who
received a separate rate \6\ (``Separate Rate Recipients'') in the
Preliminary Determination demonstrated their eligibility for separate-
rate status. For the final determination, we continue to find that the
evidence placed on the record of this investigation by Shanghai Wells,
the Shaoxing Metal Companies, and the Separate Rate Recipients
demonstrate both a de jure and de facto
[[Page 47591]]
absence of government control, with respect to their respective exports
of the merchandise under investigation, and, thus are eligible for
separate rate status.
---------------------------------------------------------------------------
\6\ These companies are: Jiangyin Hongji Metal Products Co.,
Ltd, Shaoxing Meideli Metal Hanger Co., Ltd., Shaoxing Dingli Metal
Clotheshorse Co., Ltd., Shaoxing Liangbao Metal Manufactured Co.
Ltd., Shaoxing Zhongbao Metal Manufactured Co. Ltd., Shangyu
Baoxiang Metal Manufactured Co. Ltd., Zhejiang Lucky Cloud Hanger
Co., Ltd., Pu Jiang County Command Metal Products Co., Ltd.,
Shaoxing Shunji Metal Clotheshorse Co., Ltd., Ningbo Dasheng Hanger
Ind. Co., Ltd., Jiaxing Boyi Medical Device Co., Ltd., Yiwu Ao-Si
Metal Products Co., Ltd., and Shaoxing Guochao Metallic Products
Co., Ltd.
---------------------------------------------------------------------------
In the Preliminary Determination, the Department denied a separate
rate to Tianjin Hongtong Metal Manufacture Co., Ltd. (``Hongtong'')
because it was unable to demonstrate that it had sales of the
merchandise under consideration to the United States. We found that
Hongtong was a producer and not an exporter of the merchandise under
consideration during the POI and, therefore, was not eligible to
receive a separate rate in this investigation. See Preliminary
Determination, 73 FR at 15730-31. The Department has not received any
information from Hongtong contrary to our preliminary finding.
Therefore, we continue to find that Hongtong is not eligible to receive
a separate rate in this investigation.
Lastly, we are calculating the separate rate based on the simple
average of the two mandatory respondents because using a weighted
average risks disclosure of business proprietary information. See Fresh
Garlic from the People's Republic of China: Final Results and Partial
Rescission of the 12th Administrative Review, 73 FR 34251, 34252 (June
17, 2008); Memorandum to the File, from Irene Gorelik, Senior Analyst,
Office 9, Import Administration, Subject: Investigation of Steel Wire
Garment Hangers from the People's Republic of China: Final Simple-
Averaged Margin for Separate Rate Companies, (August 7, 2008) at
Attachment I.
The PRC-Wide Rate
In the Preliminary Determination, the Department stated that
information on the record of this investigation indicates that there
are numerous producers/exporters of hangers in the PRC. As stated in
the Preliminary Determination, the Department collected CBP data to
select respondents based on imports of hangers classified under HTSUS
subheading 7326.20.00.20. See Preliminary Determination, 73 FR at
15731. Furthermore, upon receipt of separate-rates applications, we
examined the CBP data and determined that a significant number of
exporters of hangers from the PRC during the POI were neither selected
for review nor filed separate-rate applications; thus, we determined
that PRC exporters of hangers are not active participants in this
investigation. Based upon our knowledge of the volume of imports of the
merchandise under consideration from the PRC from CBP data, the volume
of imports of the merchandise under consideration from Shanghai Wells,
the Shaoxing Metal Companies, and the separate-rate applicants, while
accounting for a significant share, do not account for all imports into
the United States. Therefore, the Department continues to determine
that there were PRC producers/exporters of the merchandise under
consideration during the POI that did not apply for separate rates,
thus establishing that there is a PRC-Wide entity with respect to this
product. Therefore, consistent with the presumption of government
control, we continue to determine that some exports of subject
merchandise are from entities under the control of the PRC-Wide entity.
The Department's presumption that these entries were subject to
government control has not been rebutted since the Preliminary
Determination, thus we continue to determine that these entries should
be assessed a single PRC-Wide antidumping duty rate.
As the single PRC-Wide rate, we have taken the simple average of:
(A) The weighted-average of the calculated rates for the Shaoxing Metal
Companies and Shanghai Wells and (B) a simple average of petition rates
based on U.S. prices and normal values within the range of the U.S.
prices and normal values calculated for the Shaoxing Metal Companies
and Shanghai Wells. This rate applies to all entries of the merchandise
under investigation with the exception of those entries from Shanghai
Wells, the Shaoxing Metal Companies, and the Separate-Rate Recipients.
See Amended Preliminary Determination, 73 FR at 20020.
Final Determination Margins
We determine that the following percentage weighted-average margins
exist for the POI:
---------------------------------------------------------------------------
\7\ The PRC-Wide entity includes Tianjin Hongtong Metal
Manufacture Co. Ltd.
Steel Wire Garment Hangers From the PRC--Final Dumping Margins
------------------------------------------------------------------------
Weighted-average
Exporter & Producer deposit rate
(percent)
------------------------------------------------------------------------
Shanghai Wells Hanger Co., Ltd...................... 15.44
Shaoxing Metal Companies............................ 94.06
Jiangyin Hongji Metal Products Co., Ltd............. 54.75
Shaoxing Meideli Metal Hanger Co., Ltd.............. 54.75
Shaoxing Dingli Metal Clotheshorse Co., Ltd......... 54.75
Shaoxing Liangbao Metal Manufactured Co. Ltd........ 54.75
Shaoxing Zhongbao Metal Manufactured Co. Ltd........ 54.75
Shangyu Baoxiang Metal Manufactured Co. Ltd......... 54.75
Zhejiang Lucky Cloud Hanger Co., Ltd................ 54.75
Pu Jiang County Command Metal Products Co., Ltd..... 54.75
Shaoxing Shunji Metal Clotheshorse Co., Ltd......... 54.75
Ningbo Dasheng Hanger Ind. Co., Ltd................. 54.75
Jiaxing Boyi Medical Device Co., Ltd................ 54.75
Yiwu Ao-Si Metal Products Co., Ltd.................. 54.75
Shaoxing Guochao Metallic Products Co., Ltd......... 54.75
PRC-Wide Rate 7..................................... 186.98
------------------------------------------------------------------------
[[Page 47592]]
Disclosure
We will disclose the calculations performed within five days of the
date of publication of this notice to parties in this proceeding in
accordance with 19 CFR 351.224(b).
Retroactive Application of Amended Preliminary Determination Cash
Deposits
For all entries of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
Preliminary Determination, March 25, 2008, and before the publication
date of the Amended Preliminary Determination, April 14, 2008, we will
instruct CBP to apply the cash deposit rates from the Amended
Preliminary Determination. See Issues and Decision Memorandum at
Comment 8H.
Continuation of Suspension of Liquidation
We will instruct CBP to continue the suspension of liquidation
required by section 735(d)(2) of the Act, of all entries of subject
merchandise from Shanghai Wells, the Shaoxing Metal Companies, the
Separate-Rate Recipients and the PRC-wide entity entered, or withdrawn
from warehouse, for consumption on or after March 25, 2008, the date of
publication of the Preliminary Determination. CBP shall continue to
require a cash deposit or the posting of a bond equal to the estimated
amount by which the normal value exceeds the U.S. price as shown above.
See section 735(c)(1)(B)(ii) of the Act. The suspension of liquidation
instructions will remain in effect until further notice.
ITC Notification
In accordance with section 735(d) of the Act, we have notified the
International Trade Commission (``ITC'') of our final determination of
sales at LTFV. As our final determination is affirmative, in accordance
with section 735(b)(2) of the Act, within 45 days the ITC will
determine whether the domestic industry in the United States is
materially injured, or threatened with material injury, by reason of
imports or sales (or the likelihood of sales) for importation of the
subject merchandise. If the ITC determines that material injury or
threat of material injury does not exist, the proceeding will be
terminated and all securities posted will be refunded or canceled. See
section 735(c)(2) of the Act. If the ITC determines that such injury
does exist, the Department will issue an antidumping duty order
directing CBP to assess antidumping duties on all imports of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation. See id.; section 736 of the Act.
Notification Regarding APO
This notice also serves as a reminder to the parties subject to
administrative protective order (``APO'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305. Timely notification of return or
destruction of APO materials or conversion to judicial protective order
is hereby requested. Failure to comply with the regulations and the
terms of an APO is a sanctionable violation.
This determination and notice are issued and published in
accordance with sections 735(d) and 777(i)(1) of the Act.
Dated: August 7, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix I--Discussion of the Issues
I. General Issues
Comment 1: Scope
Comment 2: Treatment of Drawing Powder
Surrogate Values
Comment 3: Financial Ratios
Comment 4: Wire Rod Surrogate Value
Comment 5: Coating Powder and Glue Surrogate Values
Comment 6: Wage Rate
Comment 7: Steel Scrap Offset Surrogate Value
Company Specific Comments
Comment 8: Shaoxing Metal Companies \8\
---------------------------------------------------------------------------
\8\ The Shaoxing Metal Companies consist of: Shaoxing Gangyuan
Metal Manufactured Co., Ltd. (``Gangyuan''), Shaoxing Andrew Metal
Manufactured Co., Ltd. (``Andrew''), Shaoxing Tongzhou Metal
Manufactured Co., Ltd. (``Tongzhou''), and Company X. The Department
normally does not consider a respondent's supplier's name to be
business proprietary information. However, in this instance, counsel
for the Shaoxing Metal Companies bracketed this information as
business proprietary and the Department did not challenge this
treatment. See Memorandum to the File from Julia Hancock, Senior
Case Analyst: Program Analysis for the Final Determination of
Antidumping Duty Investigation of Steel Wire Garment Hangers from
the People's Republic of China: Shaoxing Metal Companies, (August 7,
2008) (``Shaoxing Final Analysis Memo'') for more information
regarding the identify of this company; Shaoxing Metal Companies'
Request for Collapsing, (February 26, 2008) at 15.
---------------------------------------------------------------------------
A. Total Adverse Facts Available (``AFA'') for the Shaoxing
Metal Companies
B. Total AFA for Quantity and Value (``Q&V'') of U.S. Sales
C. Partial AFA for Sales Trace A\9\
---------------------------------------------------------------------------
\9\ Because of the proprietary information of this sales trace,
for further information, please see the Shaoxing Metal Verification
Report at 21.
---------------------------------------------------------------------------
D. Partial AFA for Water
E. Partial AFA for White Paper, Brown Paper, and Steel Scrap
Sales
F. Reporting of Wire and Wire Rod
G. Management and Administrative Labor
H. Retroactive Implementation of Amended Preliminary
Determination
Comment 9: Shanghai Wells \10\
---------------------------------------------------------------------------
\10\ Shanghai Wells Hanger Co., Ltd. (``Shanghai Wells'').
---------------------------------------------------------------------------
A. Demurrage Revenue
B. Commission Revenue
C. Wells USA's Indirect Selling Expenses
D. Treatment of Water and Lubricant Lard
E. Treatment of Market Economy (``ME'') Purchase
F. Elimination of Credit Expenses from Constructed Export Price
(``CEP'') Profit
G. Sales to Customer X: Export Price (``EP'') or CEP \11\
---------------------------------------------------------------------------
\11\ The name of Customer X is business proprietary information.
See Memorandum to the File from Irene Gorelik, Senior Case Analyst:
Program Analysis for the Final Determination of Antidumping Duty
Investigation of Steel Wire Garment Hangers from the People's
Republic of China: Shanghai Wells, (August 7, 2008) (``Shanghai
Wells Final Analysis Memo'') for more information regarding the
identity of this customer.
---------------------------------------------------------------------------
H. Payment Terms
I. Truck Freight and Brokerage
[FR Doc. E8-18851 Filed 8-13-08; 8:45 am]
BILLING CODE 3510-DS-P
