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, 27994-27998 [2011-11871]

Download as PDF 27994 Federal Register / Vol. 76, No. 93 / Friday, May 13, 2011 / Notices DEPARTMENT OF COMMERCE International Trade Administration [Application No. 84–22A12] Export Trade Certificate of Review Notice of Application (84– 22A12) to Amend the Export Trade Certificate of Review Issued to Northwest Fruit Exporters, Application No. 84–22A12. ACTION: The Office of Competition and Economic Analysis (‘‘OCEA’’) of the International Trade Administration, Department of Commerce, has received an application to amend an Export Trade Certificate of Review (‘‘Certificate’’). This notice summarizes the proposed amendment and requests comments relevant to whether the amended Certificate should be issued. FOR FURTHER INFORMATION CONTACT: Joseph Flynn, Director, Office of Competition and Economic Analysis, International Trade Administration, (202) 482–5131 (this is not a toll-free number) or e-mail at etca@trade.gov. SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act of 1982 (15 U.S.C. 4001–21) authorizes the Secretary of Commerce to issue Export Trade Certificates of Review. An Export Trade Certificate of Review protects the holder and the members identified in the Certificate from State and Federal government antitrust actions and from private treble damage antitrust actions for the export conduct specified in the Certificate and carried out in compliance with its terms and conditions. Section 302(b)(1) of the Export Trading Company Act of 1982 and 15 CFR 325.6(a) require the Secretary to publish a notice in the Federal Register identifying the applicant and summarizing its proposed export conduct. mstockstill on DSKH9S0YB1PROD with NOTICES SUMMARY: Request for Public Comments Interested parties may submit written comments relevant to the determination whether an amended Certificate should be issued. If the comments include any privileged or confidential business information, it must be clearly marked and a nonconfidential version of the comments (identified as such) should be included. Any comments not marked as privileged or confidential business information will be deemed to be nonconfidential. An original and five (5) copies, plus two (2) copies of the nonconfidential version, should be submitted no later than 20 days after the date of this notice to: Export Trading Company Affairs, International Trade Administration, VerDate Mar<15>2010 17:22 May 12, 2011 Jkt 223001 U.S. Department of Commerce, Room 7021–X, Washington, DC 20230. Information submitted by any person is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552). However, nonconfidential versions of the comments will be made available to the applicant if necessary for determining whether or not to issue the Certificate. Comments should refer to this application as ‘‘Export Trade Certificate of Review, application number 84–22A12.’’ The Northwest Fruit Exporters’ (‘‘NWF’’) original Certificate was issued on June 11, 1984 (49 FR 24581, June 14, 1984), and last amended on August 18, 2010 (75 FR 51980), August 19, 2010. A summary of the current application for an amendment follows. Summary of the Application Applicant: Northwest Fruit Exporters, 105 South 18th Street, Suite 227, Yakima, WA 98901. Contact: James R. Archer, Manager, (509) 576–8004. Application No.: 84–22A12. Date Deemed Submitted: April 29, 2011. Proposed Amendment: NWF seeks to amend its Certificate to: 1. Add the following companies as a new Members of the Certificate within the meaning of section 325.2(l) of the Regulations (15 CFR 325.2(l)): Frosty Packing Co. LLC (Yakima, WA), J & D Packing LLC (Outlook, WA), and Polehn Farm’s Inc. (The Dalles, OR); and 2. Remove the following companies as a Member of NWF’s Certificate: Cervantes Orchards & Vineyards LLC (Grandview, WA), Chief Orchards LLC (Yakima, WA), Dovex Fruit Co. (Wenatchee, WA), and Jack Frost Fruit Co. (Yakima, WA); and, 3. Change the name of the following member: Conrad and Gilbert Fruit of Grandview, WA is now Conrad & Adams Fruit LLC. Dated: May 5, 2011. Joseph E. Flynn, Director, Office of Competition and Economic Analysis. [FR Doc. 2011–11720 Filed 5–12–11; 8:45 am] BILLING CODE 3510–DR–P PO 00000 DEPARTMENT OF COMMERCE International Trade Administration [A–570–918] 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 Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On November 9, 2010, the Department of Commerce (‘‘Department’’) published in the Federal Register the preliminary results of the first administrative review of the antidumping duty order on steel wire garment hangers from the People’s Republic of China (‘‘PRC’’).1 We gave interested parties an opportunity to comment on the Preliminary Results. Based upon our analysis of the comments and information received, we made changes to the margin calculations for the final results. We continue to find that certain exporters have sold subject merchandise at less than normal value during the period of review (‘‘POR’’), March 25, 2008, through November 30, 2009. DATES: Effective Date: May 13, 2011. FOR FURTHER INFORMATION CONTACT: Irene Gorelik or Josh Startup, AD/CVD Operations, Office 9, 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– 5260, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On November 9, 2010, the Department published in the Federal Register the Preliminary Results of this administrative review. On December 9, 2010, both M&B Metal Products Co., Inc. (‘‘Petitioner’’) and Shaoxing Dingli Metal Clotheshorse Co., Ltd., (‘‘Dingli’’) filed a request for a public hearing. On December 22, 2010, Petitioner submitted additional surrogate value (‘‘SV’’) information. On January 3, 2011, Dingli filed comments rebutting Petitioner’s December 22, 2010, SV information. On January 7, 2011, the Department extended in the Federal Register the deadline for the final results by 60 days. 1 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 (November 9, 2010) (‘‘Preliminary Results’’). Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\13MYN1.SGM 13MYN1 Federal Register / Vol. 76, No. 93 / Friday, May 13, 2011 / Notices See Steel Wire Garment Hangers From the People’s Republic of China: Extension of Time Limit for Final Results of the Antidumping Duty Administrative Review, 76 FR 1134 (January 7, 2011). On March 17, 2011, we reset the schedule for interested parties to submit case briefs and rebuttal briefs to March 24, 2011, and March 29, 2011, respectively. On March 17, 2011, the Department placed certain entry data, obtained from the U.S. Customs and Border Protection (‘‘CBP’’) with respect to Dingli, on the record and solicited comments from interested parties. Both Petitioner and Dingli filed comments regarding this data on March 21, 2011. Dingli filed rebuttal comments on March 23, 2011. On March 23, 2011, Shanghai Wells Hanger Co., Ltd.2 (‘‘Wells’’) filed its case brief. On March 24, 2011, Petitioner, Dingli, Fabricare (U.S. importer), and one of the separate rate respondents filed case briefs.3 On April 1, 2011, Petitioner, Dingli, and the Shaoxing Metal Companies filed rebuttal briefs. The Department did not hold a public hearing pursuant to 19 CFR 351.310(d), as all hearing requests made by interested parties were withdrawn. mstockstill on DSKH9S0YB1PROD with NOTICES Verification Pursuant to 19 CFR 351.307(b)(iv), we conducted a verification of Dingli’s questionnaire responses.4 2 In the Preliminary Results, we preliminarily found that Wells, Hong Kong Wells Limited (‘‘HK Wells’’), and Hong Kong Wells Limited (USA) (‘‘Wells USA’’) are affiliated, pursuant to sections 771(33)(A), (E), and (F) of the Tariff Act of 1930, as amended (‘‘the Act’’). We also preliminarily found that Wells and HK Wells should be treated as a single entity for the purposes of this administrative review. See Preliminary Results 76 FR at 68759. For the final results, we continue to find that Wells, HK Wells, and Wells USA are affiliated pursuant to sections 771(33)(A), (E), and (F) of the Act and that Wells and HK Wells comprise a single entity, pursuant to 19 CFR 351.401(f)(1) and (2). See id. 3 See the ‘‘Background’’ section of the ‘‘Steel Wire Garment Hangers from the People’s Republic of China: Issues and Decision Memorandum for the Final Results of the First Antidumping Duty Administrative Review,’’ (‘‘Decision Memo’’), dated concurrently with this notice, for a discussion of the post-case brief letters submitted by Petitioner and Dingli regarding arguments of untimely filed factual information. 4 From February 22 to February 25, 2011, we verified Dingli’s constructed export price (‘‘CEP’’) sales responses in the United States. See ‘‘Memorandum to the File through Catherine Bertrand, Program Manager, Office 9, from Irene Gorelik, Senior Case Analyst, Office 9, and Joshua Startup, Analyst, Office 9, re: Verification of the Sales Response of Shaoxing Dingli Metal Clotheshorse Co., Ltd., in the Antidumping Duty Administrative Review of Steel Wire Garment Hangers from the People’s Republic of China (‘‘PRC’’),’’ dated March 16, 2011 (‘‘CEP Report’’). Then, from March 7 to March 11, 2011, we verified Dingli’s export price (‘‘EP’’) sales and factors of VerDate Mar<15>2010 17:22 May 12, 2011 Jkt 223001 Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this review are addressed in the Decision Memo, which is dated concurrently with this notice. A list of the issues which parties raised and to which we respond in the Decision Memo is attached to this notice as an Appendix. The Decision Memo is a public document and is on file in the Central Records Unit (‘‘CRU’’), Main Commerce Building, Room 7046, and is accessible on the Department’s Web site at http://www.trade.gov/ia. The paper copy and electronic version of the memorandum are identical in content. Final Partial Rescission of Review Pursuant to 19 CFR 351.213(d)(3), the Department preliminarily rescinded the review, in part, with respect to five companies that stated that they made no shipments of subject merchandise during the POR. These companies are: Viet Anh Import-Export Joint Stock Company; Dong Nam A Co., Ltd.; Vietnam Hangers Joint Stock Company; Royal McGoun Chemicals Inc.; and NV Hanger Co., Ltd. See Preliminary Results at 68759. Because the Department did not receive any information to the contrary, we continue to find that these companies did not make any shipments during the POR. Thus, for these final results, we are rescinding this review, in part, with respect to the five abovenamed companies, in accordance with 19 CFR 351.213(d)(3). Changes Since the Preliminary Results Based on a review of the record, the verifications, and comments received from parties regarding our Preliminary Results, we have made changes to the surrogate financial ratio calculation and to the dumping margin calculations for Wells and Dingli in the final results. See Decision Memo at Comment 2. We have also corrected errors from the Preliminary Results alleged by Wells and Dingli. See Decision Memo at Comments 5 and 7. Lastly, we have made certain changes to a portion of Dingli’s submitted sales data as a result of the verification findings and minor corrections presented at verification. For all detailed changes made to Dingli’s reported sales and factor data, see Decision Memo at Comments 4B and 4F; production (‘‘FOP’’) responses. See ‘‘Memorandum to the File through Catherine Bertrand, Program Manager, Office 9 from Irene Gorelik, Senior Case Analyst, Office 9, and Joshua Startup, Analyst, Office 9, re: Verification of the Sales and Factors Response of Shaoxing Dingli Metal Clotheshorse Co., Ltd. in the Antidumping Duty Administrative Review of Steel Wire Garment Hangers from the People’s Republic of China (‘‘PRC’’),’’ dated March 17, 2011 (‘‘EP Report’’). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 27995 see also ‘‘Memorandum to the File from Josh Startup, Case Analyst: Program Analysis for the Final Results of Antidumping Duty Administrative Review of Steel Wire Garment Hangers from the People’s Republic of China: Shaoxing Dingli Metal Clotheshorse Co., Ltd.,’’ (‘‘Dingli Final Analysis Memo’’), dated concurrently with this notice. Scope of the Order The merchandise that is subject to the order is steel wire garment hangers, fabricated from carbon steel wire, whether or not galvanized or painted, whether or not coated with latex or epoxy or similar gripping materials, and/or whether or not fashioned with paper covers or capes (with or without printing) and/or nonslip features such as saddles or tubes. These products may also be referred to by a commercial designation, such as shirt, suit, strut, caped, or latex (industrial) hangers. Specifically excluded from the scope of the order are wooden, plastic, and other garment hangers that are not made of steel wire. Also excluded from the scope of the order are chrome-plated steel wire garment hangers with a diameter of 3.4 mm or greater. The products subject to the order are currently classified under U.S. Harmonized Tariff Schedule (‘‘HTSUS’’) subheadings 7326.20.0020, 7323.99.9060, and 7323.99.9080. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive. Separate Rates In proceedings involving NME countries, it is the Department’s practice to begin with a rebuttable presumption that all companies within the country are subject to government control and thus should be assessed a single antidumping duty rate. See Policy Bulletin 5.1 5; see also Notice of Final Determination of Sales at Less Than Fair Value, and Affirmative Critical Circumstances, In Part: Certain Lined Paper Products From the People’s Republic of China, 71 FR 53079, 53080 (September 8, 2006); and Final Determination of Sales at Less Than Fair Value and Final Partial Affirmative Determination of Critical Circumstances: Diamond Sawblades and Parts Thereof from the People’s Republic of China, 71 FR 29303, 29307 (May 22, 2006). In our Preliminary Results, we determined that the following 5 See Separate Rates and Combination Rates in Antidumping Investigations involving Non-Market Economy Countries, 70 FR 17233 (April 5, 2005), also available at: http://ia.ita.doc.gov/policy/ index.html. E:\FR\FM\13MYN1.SGM 13MYN1 27996 Federal Register / Vol. 76, No. 93 / Friday, May 13, 2011 / Notices mstockstill on DSKH9S0YB1PROD with NOTICES companies met the criteria for separate rate status: (1) Shaoxing Gangyuan Metal Manufactured Co. Ltd.; Shaoxing Tongzhou Metal Manufactured Co. Ltd.; and Shaoxing Andrew Metal Manufactured Co., Ltd.6; (2) Shaoxing Shunji Metal Clotheshorse Co., Ltd.; (3) Yiwu Ao-Si Metal Products Co., Ltd.; (4) Shangyu Baoxiang Metal Manufactured Co., Ltd.; (5) Jiaxing Boyi Medical Device Co., Ltd.; (6) Pu Jiang County Command Metal Products Co., Ltd.; (7) Shaoxing Meideli Metal Hanger Co., Ltd.; (8) Shaoxing Zhongbao Metal Manufactured Co., Ltd.; (9) Zhejiang Lucky Cloud Hanger Co., Ltd.; (10) Ningbo Dasheng Hanger Ind. Co., Ltd.; (11) Shaoxing Guochao Metallic Products Co., Ltd.; (12) Shanghai Jianhai International Trade Co., Ltd.; and (13) Shaoxing Liangbao Metal Manufactured Co., Ltd. Additionally, in the Preliminary Results, we noted that the Department received completed responses to the Section A portion of the NME questionnaire from the individually reviewed respondents (Dingli and Wells), which contained information pertaining to the companies’ eligibility for a separate rate. With respect to Wells, we preliminarily determined that there is no PRC ownership, and because the Department has no evidence indicating that Wells is under the control of the PRC, a separate rates analysis was not necessary to determine whether it is independent from government control. With respect to Dingli, we preliminarily granted separate rate status to it based on its submitted information. See Preliminary Results, 75 FR at 68760–62. We did not receive any information since the issuance of the Preliminary Results that provides a basis for the reconsideration of these preliminary separate rate determinations. Therefore, the Department continues to find that Wells, Dingli, and the 13 above-named, non-individually examined companies meet the criteria for a separate rate. 6 In the Preliminary Results, we stated that these three companies all reported in their individual separate rate certifications that their affiliations with one another, legal structure, and ownership structure have not changed since the underlying investigation. For the final results, we continue to find that Shaoxing Gangyuan Metal Manufactured Co. Ltd., Shaoxing Tongzhou Metal Manufactured Co. Ltd., and Shaoxing Andrew Metal Manufactured Co., Ltd. comprise a single entity, as determined in the underlying investigation, pursuant to 19 CFR 351.401(f)(1) and (2). See Preliminary Results at 68766; see also Steel Wire Garment Hangers from the People’s Republic of China: Final Determination of Sales at Less Than Fair Value, 73 FR 47587, 47589 (August 14, 2008) (‘‘Hangers LTFV’’). VerDate Mar<15>2010 17:22 May 12, 2011 Jkt 223001 Separate Rate Calculation The separate rate is determined based on the estimated weighted-average antidumping margins established for exporters and producers individually investigated, excluding zero and de minimis margins or margins based entirely on AFA.7 In this administrative review, one mandatory respondent, Dingli, has an estimated weightedaverage antidumping margin which is above de minimis and which is not based entirely on AFA. Therefore, because there is only one weightedaverage antidumping margin calculated for these final results that is neither zero, de minimis, nor based entirely on AFA, we have assigned Dingli’s margin to the companies not selected for individual examination.8 Facts Available Section 776(a) of the Act provides that if necessary information is not available on the record, or 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 its requirements to avoid 7 See Decision Memo at Comment 3. e.g., Certain Steel Nails From the People’s Republic of China: Final Results of the First Antidumping Duty Administrative Review, 76 FR 16379, 16381–16382 (March 23, 2011); Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Final Results of the Antidumping Duty Administrative Review and New Shipper Reviews, 74 FR 11349, 11350 (March 17, 2009) (where the Department stated ‘‘For the exporters subject to review that are determined to be eligible for separate-rate status, but were not selected as mandatory respondents, the Department normally establishes a weighted-average margin based on an average of the rates it calculated for the mandatory respondents, excluding any rates that are zero, de minimis, or based entirely on facts available. In this proceeding, there is only one such mandatory respondent, QVD. Accordingly, the rate calculated for QVD is applied as the rate for Agifish and Anvifish.’’). 8 See, PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 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 its 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. 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.’’ The Department’s determination is in accordance with sections 776(a)(2)(A), (B), and 776(b) of the Act.9 For the final results, in accordance with sections 776(a)(2)(A) and (B) of the Act, we have determined that the use of facts available (‘‘FA’’) is appropriate to account for Dingli’s consumption of its hydrochloric acid (‘‘HCL’’) input in the production of subject merchandise. See 9 See, e.g., Non-Malleable Cast Iron Pipe Fittings from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review, 71 FR 69546 (December 1, 2006) and accompanying Issues and Decision Memorandum at Comment 1. See also Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Preliminary Results of the First Administrative Review and New Shipper Review, 72 FR 10689, 10692 (March 9, 2007) (decision to apply total AFA to the NME-wide entity) unchanged in Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Final Results of the First Antidumping Duty Administrative Review and First New Shipper Review, 72 FR 52052 (September 12, 2007) (‘‘Vietnam Shrimp AR1’’). E:\FR\FM\13MYN1.SGM 13MYN1 27997 Federal Register / Vol. 76, No. 93 / Friday, May 13, 2011 / Notices Decision Memo at Comment 4C. During the on-site verification of Dingli’s sales and factors of production, we found that Dingli failed to report information requested by the Department; specifically, one month of HCL consumption, which is a direct material used to produce subject merchandise. Additionally, for the final results, in accordance with section 776(b) of the Act, we find that Dingli failed to cooperate by not acting to the best of its ability to comply with our request for information and, as a result, have determined that the application of an adverse inference is warranted for Dingli’s unreported consumption of HCL. See id.; see also ‘‘EP Report’’ at 2 and 17. As an adverse inference, we are using the highest reported monthly consumption quantity of HCL during the POR as a proxy for the unreported month in the normal value calculation. See ‘‘Dingli Final Analysis Memo’’ for further details. Final Results of Review The final weighted-average dumping margins for the POR are as follows: STEEL WIRE GARMENT HANGERS FROM THE PEOPLE’S REPUBLIC OF CHINA Weighted average margin (%) Exporter Shanghai Wells Hanger Co., Ltd. and/or Hong Kong Wells Limited 10 ...................................................................................... Shaoxing Dingli Metal Clotheshorse Co., Ltd ............................................................................................................................. Shaoxing Gangyuan Metal Manufactured Co. Ltd 11 .................................................................................................................. Shaoxing Andrew Metal Manufactured Co., Ltd ......................................................................................................................... Shaoxing Tongzhou Metal Manufactured Co. Ltd ....................................................................................................................... Shaoxing Shunji Metal Clotheshorse Co. Ltd ............................................................................................................................. Yiwu Ao-Si Metal Products Co., Ltd ............................................................................................................................................ Shangyu Baoxiang Metal Manufactured Co., Ltd ....................................................................................................................... Jiaxing Boyi Medical Device Co., Ltd .......................................................................................................................................... Pu Jiang County Command Metal Products Co. Ltd .................................................................................................................. Shaoxing Meideli Metal Hanger Co., Ltd .................................................................................................................................... Shaoxing Zhongbao Metal Manufactured Co., Ltd ..................................................................................................................... Zhejiang Lucky Cloud Hanger Co., Ltd ....................................................................................................................................... Ningbo Dasheng Hanger Ind. Co., Ltd ........................................................................................................................................ Shaoxing Guochao Metallic Products Co. Ltd ............................................................................................................................ Shanghai Jianhai International Trade Co., Ltd ............................................................................................................................ Shaoxing Liangbao Metal Manufactured Co., Ltd ....................................................................................................................... PRC-Wide Entity 12 ...................................................................................................................................................................... 0.15 1.71 1.71 1.71 1.71 1.71 1.71 1.71 1.71 1.71 1.71 1.71 1.71 1.71 1.71 1.71 1.71 187.25 10 For the final results, we continue to find that Wells and HK Wells comprise a single entity, as determined in the Preliminary Results, pursuant to 19 CFR 351.401(f)(1) and (2). See Preliminary Results, 75 FR at 68759. 11 For the final results, we continue to find that Shaoxing Gangyuan Metal Manufactured Co. Ltd., Shaoxing Tongzhou Metal Manufactured Co. Ltd., and Shaoxing Andrew Metal Manufactured Co., Ltd. comprise a single entity, as determined in the underlying investigation, pursuant to 19 CFR 351.401(f)(1) and (2). See Preliminary Results, 75 FR at 68766; see also Hangers LTFV, 73 FR at 47589. 12 The PRC-Wide entity continues to include the 94 companies listed in footnote 17 of the Preliminary Results. See Preliminary Results, 75 FR at 68762. mstockstill on DSKH9S0YB1PROD with NOTICES Assessment Upon issuance of these final results, the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by these reviews. The Department intends to issue assessment instructions to CBP 15 days after the publication date of the final results of this review excluding any reported sales that entered during the gap period. In accordance with 19 CFR 351.212(b)(1), we calculated exporter/importer (or customer)-specific assessment rates for the merchandise subject to this review. Where the respondent has reported reliable entered values, we calculated importer (or customer)-specific ad valorem rates by aggregating the dumping margins calculated for all U.S. sales to each importer (or customer) and dividing this amount by the total entered value of the sales to each importer (or customer). See 19 CFR 351.212(b)(1). Where an importer (or customer)-specific ad valorem rate is greater than de minimis, we will apply the assessment rate to the VerDate Mar<15>2010 17:22 May 12, 2011 Jkt 223001 entered value of the importers’/ customers’ entries during the POR. See 19 CFR 351.212(b)(1). Where we do not have entered values for all U.S. sales, we calculated a perunit assessment rate by aggregating the antidumping duties due for all U.S. sales to each importer (or customer) and dividing this amount by the total quantity sold to that importer (or customer). See 19 CFR 351.212(b)(1). To determine whether the duty assessment rates are de minimis, in accordance with the requirement set forth in 19 CFR 351.106(c)(2), we calculated importer (or customer)-specific ad valorem ratios based on the estimated entered value. Where an importer (or customer)specific ad valorem rate is zero or de minimis, we will instruct CBP to liquidate appropriate entries without regard to antidumping duties. See 19 CFR 351.106(c)(2). For the companies receiving a separate rate that were not selected for individual review, we will calculate an assessment rate based on the simple average of the cash deposit rates calculated for the companies PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 selected for individual review pursuant to section 735(c)(5)(B) of the Act. With respect to the companies upon which we have rescinded this review, we intend to issue assessment instructions to CBP 15 days after publication of this notice. The Department will instruct CBP to assess antidumping duties at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). 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 entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) For the exporters listed above, the cash deposit rate will be established in the final results of this review (except, if the rate E:\FR\FM\13MYN1.SGM 13MYN1 27998 Federal Register / Vol. 76, No. 93 / Friday, May 13, 2011 / Notices is zero or de minimis, i.e., less than 0.5 percent, no cash deposit will be required for that company); (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 recent period; (3) for all PRC exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash deposit rate will be the PRC-wide rate of 187.25 percent; and (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporters that supplied that nonPRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Reimbursement of Duties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping duties has occurred and the subsequent assessment of doubled antidumping duties. mstockstill on DSKH9S0YB1PROD with NOTICES Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective orders (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. We are issuing and publishing this administrative review and notice in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213(d)(4). Dated: May 9, 2011. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. Appendix I—Decision Memorandum General Issues Comment 1: Treatment of Sales with Negative Margins VerDate Mar<15>2010 17:22 May 12, 2011 Jkt 223001 Company-Specific Issues Fish, Wildlife, and Plants Climate Adaptation Strategy can be found at http:// www.wildlifeadaptationstrategy.gov. Dingli FOR FURTHER INFORMATION CONTACT: Comment 2: Surrogate Financial Ratios Comment 3: Calculation of the Separate Rate Margin Comment 4: Whether to Assign Adverse Facts Available (‘‘AFA’’) to Dingli A. U.S. Customs and Border Protection (‘‘CBP’’) Data on the Record B. Hanger Quantity Conversions C. Hydrochloric Acid (‘‘HCL’’) Consumption D. Weight of Packing Cartons E. Sale of Machinery F. Changes to Margin Calculation Per Verification Findings Comment 5: Calculation of Domestic Movement Expenses Comment 6: Byproduct Offset for Scrap Iron Buckets Wells Comment 7: Calculation of Domestic Movement Expenses [FR Doc. 2011–11871 Filed 5–12–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XA433 Public Meeting of the Steering Committee for the National Fish, Wildlife and Plants Climate Adaptation Strategy National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice. AGENCY: The Steering Committee for the National Fish, Wildlife, and Plants Climate Adaptation Strategy will be holding its second meeting. This meeting will focus on the progress of the Strategy’s Technical Teams and stakeholder engagement. DATES: The second Steering Committee meeting will be held Wednesday, June 1, 2011, from 1:15 p.m. to 4 p.m. There will be opportunity for public comment during the meeting at approximately 3 p.m., and written comments may be submitted via the Web site http://www. wildlifeadaptation.gov. ADDRESSES: The meeting will be held in the Spring Room of the Silver Spring Civic Building, One Veterans Place (corner of Ellsworth Drive and Fenton Street), Silver Spring, Maryland 20910. Additional information on the National SUMMARY: PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 Roger Griffis, Climate Change Coordinator, Office of Science and Technology, NMFS/NOAA, 1315 EastWest Highway, 12th Floor, Silver Spring, Maryland 20910, or Roger.B.Griffis@noaa.gov. SUPPLEMENTARY INFORMATION: Background The National Fish, Wildlife, and Plants Climate Adaptation Strategy (Strategy) is an integrated, coordinated, and comprehensive response to the threats of climate change. This multipartner effort will outline a unified approach to maintaining the key terrestrial, freshwater and marine ecosystems needed to sustain fish, wildlife and plant resources and the services they provide in the face of accelerating climate change. The Strategy will be guided by input and participation from a diverse group of agencies from across the country. For this reason, Federal, State and tribal agencies have been asked to participate as members of an intergovernmental Steering Committee to provide advice and support for development of the Strategy by 2012. The Steering Committee consists of representatives from 16 Federal agencies with management authorities for fish, wildlife, plants, or their habitat, as well as representatives from five state fish and wildlife agencies and two tribal commissions. The purpose of the Steering Committee is to exchange views, information, and advice relating to the management and implementation of the Strategy. The Committee will oversee the Technical (writing) Teams, ensure a robust engagement process with a diverse group of stakeholders, and facilitate coordination and communication across agencies and departments. Special Accommodations These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Helen Allen, (907) 271–2809, at least 5 working days prior to the meeting date. Authority: 16 U.S.C. 1801 et seq. E:\FR\FM\13MYN1.SGM 13MYN1

Agencies

[Federal Register Volume 76, Number 93 (Friday, May 13, 2011)]
[Notices]
[Pages 27994-27998]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11871]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-918]


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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On November 9, 2010, the Department of Commerce 
(``Department'') published in the Federal Register the preliminary 
results of the first administrative review of the antidumping duty 
order on steel wire garment hangers from the People's Republic of China 
(``PRC'').\1\ We gave interested parties an opportunity to comment on 
the Preliminary Results. Based upon our analysis of the comments and 
information received, we made changes to the margin calculations for 
the final results. We continue to find that certain exporters have sold 
subject merchandise at less than normal value during the period of 
review (``POR''), March 25, 2008, through November 30, 2009.
---------------------------------------------------------------------------

    \1\ 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 
(November 9, 2010) (``Preliminary Results'').

---------------------------------------------------------------------------
DATES: Effective Date: May 13, 2011.

FOR FURTHER INFORMATION CONTACT: Irene Gorelik or Josh Startup, AD/CVD 
Operations, Office 9, 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) 482-5260, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 9, 2010, the Department published in the Federal 
Register the Preliminary Results of this administrative review. On 
December 9, 2010, both M&B Metal Products Co., Inc. (``Petitioner'') 
and Shaoxing Dingli Metal Clotheshorse Co., Ltd., (``Dingli'') filed a 
request for a public hearing. On December 22, 2010, Petitioner 
submitted additional surrogate value (``SV'') information. On January 
3, 2011, Dingli filed comments rebutting Petitioner's December 22, 
2010, SV information. On January 7, 2011, the Department extended in 
the Federal Register the deadline for the final results by 60 days.

[[Page 27995]]

See Steel Wire Garment Hangers From the People's Republic of China: 
Extension of Time Limit for Final Results of the Antidumping Duty 
Administrative Review, 76 FR 1134 (January 7, 2011).
    On March 17, 2011, we reset the schedule for interested parties to 
submit case briefs and rebuttal briefs to March 24, 2011, and March 29, 
2011, respectively. On March 17, 2011, the Department placed certain 
entry data, obtained from the U.S. Customs and Border Protection 
(``CBP'') with respect to Dingli, on the record and solicited comments 
from interested parties. Both Petitioner and Dingli filed comments 
regarding this data on March 21, 2011. Dingli filed rebuttal comments 
on March 23, 2011. On March 23, 2011, Shanghai Wells Hanger Co., 
Ltd.\2\ (``Wells'') filed its case brief. On March 24, 2011, 
Petitioner, Dingli, Fabricare (U.S. importer), and one of the separate 
rate respondents filed case briefs.\3\ On April 1, 2011, Petitioner, 
Dingli, and the Shaoxing Metal Companies filed rebuttal briefs. The 
Department did not hold a public hearing pursuant to 19 CFR 351.310(d), 
as all hearing requests made by interested parties were withdrawn.
---------------------------------------------------------------------------

    \2\ In the Preliminary Results, we preliminarily found that 
Wells, Hong Kong Wells Limited (``HK Wells''), and Hong Kong Wells 
Limited (USA) (``Wells USA'') are affiliated, pursuant to sections 
771(33)(A), (E), and (F) of the Tariff Act of 1930, as amended 
(``the Act''). We also preliminarily found that Wells and HK Wells 
should be treated as a single entity for the purposes of this 
administrative review. See Preliminary Results 76 FR at 68759. For 
the final results, we continue to find that Wells, HK Wells, and 
Wells USA are affiliated pursuant to sections 771(33)(A), (E), and 
(F) of the Act and that Wells and HK Wells comprise a single entity, 
pursuant to 19 CFR 351.401(f)(1) and (2). See id.
    \3\ See the ``Background'' section of the ``Steel Wire Garment 
Hangers from the People's Republic of China: Issues and Decision 
Memorandum for the Final Results of the First Antidumping Duty 
Administrative Review,'' (``Decision Memo''), dated concurrently 
with this notice, for a discussion of the post-case brief letters 
submitted by Petitioner and Dingli regarding arguments of untimely 
filed factual information.
---------------------------------------------------------------------------

Verification

    Pursuant to 19 CFR 351.307(b)(iv), we conducted a verification of 
Dingli's questionnaire responses.\4\
---------------------------------------------------------------------------

    \4\ From February 22 to February 25, 2011, we verified Dingli's 
constructed export price (``CEP'') sales responses in the United 
States. See ``Memorandum to the File through Catherine Bertrand, 
Program Manager, Office 9, from Irene Gorelik, Senior Case Analyst, 
Office 9, and Joshua Startup, Analyst, Office 9, re: Verification of 
the Sales Response of Shaoxing Dingli Metal Clotheshorse Co., Ltd., 
in the Antidumping Duty Administrative Review of Steel Wire Garment 
Hangers from the People's Republic of China (``PRC''),'' dated March 
16, 2011 (``CEP Report''). Then, from March 7 to March 11, 2011, we 
verified Dingli's export price (``EP'') sales and factors of 
production (``FOP'') responses. See ``Memorandum to the File through 
Catherine Bertrand, Program Manager, Office 9 from Irene Gorelik, 
Senior Case Analyst, Office 9, and Joshua Startup, Analyst, Office 
9, re: Verification of the Sales and Factors Response of Shaoxing 
Dingli Metal Clotheshorse Co., Ltd. in the Antidumping Duty 
Administrative Review of Steel Wire Garment Hangers from the 
People's Republic of China (``PRC''),'' dated March 17, 2011 (``EP 
Report'').
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this review are addressed in the Decision Memo, which is dated 
concurrently with this notice. A list of the issues which parties 
raised and to which we respond in the Decision Memo is attached to this 
notice as an Appendix. The Decision Memo is a public document and is on 
file in the Central Records Unit (``CRU''), Main Commerce Building, 
Room 7046, and is accessible on the Department's Web site at http://www.trade.gov/ia. The paper copy and electronic version of the 
memorandum are identical in content.

Final Partial Rescission of Review

    Pursuant to 19 CFR 351.213(d)(3), the Department preliminarily 
rescinded the review, in part, with respect to five companies that 
stated that they made no shipments of subject merchandise during the 
POR. These companies are: Viet Anh Import-Export Joint Stock Company; 
Dong Nam A Co., Ltd.; Vietnam Hangers Joint Stock Company; Royal McGoun 
Chemicals Inc.; and NV Hanger Co., Ltd. See Preliminary Results at 
68759. Because the Department did not receive any information to the 
contrary, we continue to find that these companies did not make any 
shipments during the POR. Thus, for these final results, we are 
rescinding this review, in part, with respect to the five above-named 
companies, in accordance with 19 CFR 351.213(d)(3).

Changes Since the Preliminary Results

    Based on a review of the record, the verifications, and comments 
received from parties regarding our Preliminary Results, we have made 
changes to the surrogate financial ratio calculation and to the dumping 
margin calculations for Wells and Dingli in the final results. See 
Decision Memo at Comment 2. We have also corrected errors from the 
Preliminary Results alleged by Wells and Dingli. See Decision Memo at 
Comments 5 and 7. Lastly, we have made certain changes to a portion of 
Dingli's submitted sales data as a result of the verification findings 
and minor corrections presented at verification. For all detailed 
changes made to Dingli's reported sales and factor data, see Decision 
Memo at Comments 4B and 4F; see also ``Memorandum to the File from Josh 
Startup, Case Analyst: Program Analysis for the Final Results of 
Antidumping Duty Administrative Review of Steel Wire Garment Hangers 
from the People's Republic of China: Shaoxing Dingli Metal Clotheshorse 
Co., Ltd.,'' (``Dingli Final Analysis Memo''), dated concurrently with 
this notice.

Scope of the Order

    The merchandise that is subject to the order is steel wire garment 
hangers, fabricated from carbon steel wire, whether or not galvanized 
or painted, whether or not coated with latex or epoxy or similar 
gripping materials, and/or whether or not fashioned with paper covers 
or capes (with or without printing) and/or nonslip features such as 
saddles or tubes. These products may also be referred to by a 
commercial designation, such as shirt, suit, strut, caped, or latex 
(industrial) hangers. Specifically excluded from the scope of the order 
are wooden, plastic, and other garment hangers that are not made of 
steel wire. Also excluded from the scope of the order are chrome-plated 
steel wire garment hangers with a diameter of 3.4 mm or greater. The 
products subject to the order are currently classified under U.S. 
Harmonized Tariff Schedule
    (``HTSUS'') subheadings 7326.20.0020, 7323.99.9060, and 
7323.99.9080.
    Although the HTSUS subheadings are provided for convenience and 
customs purposes, the written description of the merchandise is 
dispositive.

Separate Rates

    In proceedings involving NME countries, it is the Department's 
practice to begin with a rebuttable presumption that all companies 
within the country are subject to government control and thus should be 
assessed a single antidumping duty rate. See Policy Bulletin 5.1 \5\; 
see also Notice of Final Determination of Sales at Less Than Fair 
Value, and Affirmative Critical Circumstances, In Part: Certain Lined 
Paper Products From the People's Republic of China, 71 FR 53079, 53080 
(September 8, 2006); and Final Determination of Sales at Less Than Fair 
Value and Final Partial Affirmative Determination of Critical 
Circumstances: Diamond Sawblades and Parts Thereof from the People's 
Republic of China, 71 FR 29303, 29307 (May 22, 2006).
---------------------------------------------------------------------------

    \5\ See Separate Rates and Combination Rates in Antidumping 
Investigations involving Non-Market Economy Countries, 70 FR 17233 
(April 5, 2005), also available at: http://ia.ita.doc.gov/policy/index.html.
---------------------------------------------------------------------------

    In our Preliminary Results, we determined that the following

[[Page 27996]]

companies met the criteria for separate rate status: (1) Shaoxing 
Gangyuan Metal Manufactured Co. Ltd.; Shaoxing Tongzhou Metal 
Manufactured Co. Ltd.; and Shaoxing Andrew Metal Manufactured Co., 
Ltd.\6\; (2) Shaoxing Shunji Metal Clotheshorse Co., Ltd.; (3) Yiwu Ao-
Si Metal Products Co., Ltd.; (4) Shangyu Baoxiang Metal Manufactured 
Co., Ltd.; (5) Jiaxing Boyi Medical Device Co., Ltd.; (6) Pu Jiang 
County Command Metal Products Co., Ltd.; (7) Shaoxing Meideli Metal 
Hanger Co., Ltd.; (8) Shaoxing Zhongbao Metal Manufactured Co., Ltd.; 
(9) Zhejiang Lucky Cloud Hanger Co., Ltd.; (10) Ningbo Dasheng Hanger 
Ind. Co., Ltd.; (11) Shaoxing Guochao Metallic Products Co., Ltd.; (12) 
Shanghai Jianhai International Trade Co., Ltd.; and (13) Shaoxing 
Liangbao Metal Manufactured Co., Ltd.
---------------------------------------------------------------------------

    \6\ In the Preliminary Results, we stated that these three 
companies all reported in their individual separate rate 
certifications that their affiliations with one another, legal 
structure, and ownership structure have not changed since the 
underlying investigation. For the final results, we continue to find 
that Shaoxing Gangyuan Metal Manufactured Co. Ltd., Shaoxing 
Tongzhou Metal Manufactured Co. Ltd., and Shaoxing Andrew Metal 
Manufactured Co., Ltd. comprise a single entity, as determined in 
the underlying investigation, pursuant to 19 CFR 351.401(f)(1) and 
(2). See Preliminary Results at 68766; see also Steel Wire Garment 
Hangers from the People's Republic of China: Final Determination of 
Sales at Less Than Fair Value, 73 FR 47587, 47589 (August 14, 2008) 
(``Hangers LTFV'').
---------------------------------------------------------------------------

    Additionally, in the Preliminary Results, we noted that the 
Department received completed responses to the Section A portion of the 
NME questionnaire from the individually reviewed respondents (Dingli 
and Wells), which contained information pertaining to the companies' 
eligibility for a separate rate. With respect to Wells, we 
preliminarily determined that there is no PRC ownership, and because 
the Department has no evidence indicating that Wells is under the 
control of the PRC, a separate rates analysis was not necessary to 
determine whether it is independent from government control. With 
respect to Dingli, we preliminarily granted separate rate status to it 
based on its submitted information. See Preliminary Results, 75 FR at 
68760-62.
    We did not receive any information since the issuance of the 
Preliminary Results that provides a basis for the reconsideration of 
these preliminary separate rate determinations. Therefore, the 
Department continues to find that Wells, Dingli, and the 13 above-
named, non-individually examined companies meet the criteria for a 
separate rate.

Separate Rate Calculation

    The separate rate is determined based on the estimated weighted-
average antidumping margins established for exporters and producers 
individually investigated, excluding zero and de minimis margins or 
margins based entirely on AFA.\7\ In this administrative review, one 
mandatory respondent, Dingli, has an estimated weighted-average 
antidumping margin which is above de minimis and which is not based 
entirely on AFA. Therefore, because there is only one weighted-average 
antidumping margin calculated for these final results that is neither 
zero, de minimis, nor based entirely on AFA, we have assigned Dingli's 
margin to the companies not selected for individual examination.\8\
---------------------------------------------------------------------------

    \7\ See Decision Memo at Comment 3.
    \8\ See, e.g., Certain Steel Nails From the People's Republic of 
China: Final Results of the First Antidumping Duty Administrative 
Review, 76 FR 16379, 16381-16382 (March 23, 2011); Certain Frozen 
Fish Fillets From the Socialist Republic of Vietnam: Final Results 
of the Antidumping Duty Administrative Review and New Shipper 
Reviews, 74 FR 11349, 11350 (March 17, 2009) (where the Department 
stated ``For the exporters subject to review that are determined to 
be eligible for separate-rate status, but were not selected as 
mandatory respondents, the Department normally establishes a 
weighted-average margin based on an average of the rates it 
calculated for the mandatory respondents, excluding any rates that 
are zero, de minimis, or based entirely on facts available. In this 
proceeding, there is only one such mandatory respondent, QVD. 
Accordingly, the rate calculated for QVD is applied as the rate for 
Agifish and Anvifish.'').
---------------------------------------------------------------------------

Facts Available

    Section 776(a) of the Act provides that if necessary information is 
not available on the record, or 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 its 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 its 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.
    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.'' The 
Department's determination is in accordance with sections 776(a)(2)(A), 
(B), and 776(b) of the Act.\9\
---------------------------------------------------------------------------

    \9\ See, e.g., Non-Malleable Cast Iron Pipe Fittings from the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review, 71 FR 69546 (December 1, 2006) and 
accompanying Issues and Decision Memorandum at Comment 1. See also 
Certain Frozen Warmwater Shrimp from the Socialist Republic of 
Vietnam: Preliminary Results of the First Administrative Review and 
New Shipper Review, 72 FR 10689, 10692 (March 9, 2007) (decision to 
apply total AFA to the NME-wide entity) unchanged in Certain Frozen 
Warmwater Shrimp From the Socialist Republic of Vietnam: Final 
Results of the First Antidumping Duty Administrative Review and 
First New Shipper Review, 72 FR 52052 (September 12, 2007) 
(``Vietnam Shrimp AR1'').
---------------------------------------------------------------------------

    For the final results, in accordance with sections 776(a)(2)(A) and 
(B) of the Act, we have determined that the use of facts available 
(``FA'') is appropriate to account for Dingli's consumption of its 
hydrochloric acid (``HCL'') input in the production of subject 
merchandise. See

[[Page 27997]]

Decision Memo at Comment 4C. During the on-site verification of 
Dingli's sales and factors of production, we found that Dingli failed 
to report information requested by the Department; specifically, one 
month of HCL consumption, which is a direct material used to produce 
subject merchandise. Additionally, for the final results, in accordance 
with section 776(b) of the Act, we find that Dingli failed to cooperate 
by not acting to the best of its ability to comply with our request for 
information and, as a result, have determined that the application of 
an adverse inference is warranted for Dingli's unreported consumption 
of HCL. See id.; see also ``EP Report'' at 2 and 17. As an adverse 
inference, we are using the highest reported monthly consumption 
quantity of HCL during the POR as a proxy for the unreported month in 
the normal value calculation. See ``Dingli Final Analysis Memo'' for 
further details.

Final Results of Review

    The final weighted-average dumping margins for the POR are as 
follows:

     Steel Wire Garment Hangers From the People's Republic of China
------------------------------------------------------------------------
                                                       Weighted average
                      Exporter                            margin  (%)
------------------------------------------------------------------------
Shanghai Wells Hanger Co., Ltd. and/or Hong Kong                    0.15
 Wells Limited \10\.................................
Shaoxing Dingli Metal Clotheshorse Co., Ltd.........                1.71
Shaoxing Gangyuan Metal Manufactured Co. Ltd \11\...                1.71
Shaoxing Andrew Metal Manufactured Co., Ltd.........                1.71
Shaoxing Tongzhou Metal Manufactured Co. Ltd........                1.71
Shaoxing Shunji Metal Clotheshorse Co. Ltd..........                1.71
Yiwu Ao-Si Metal Products Co., Ltd..................                1.71
Shangyu Baoxiang Metal Manufactured Co., Ltd........                1.71
Jiaxing Boyi Medical Device Co., Ltd................                1.71
Pu Jiang County Command Metal Products Co. Ltd......                1.71
Shaoxing Meideli Metal Hanger Co., Ltd..............                1.71
Shaoxing Zhongbao Metal Manufactured Co., Ltd.......                1.71
Zhejiang Lucky Cloud Hanger Co., Ltd................                1.71
Ningbo Dasheng Hanger Ind. Co., Ltd.................                1.71
Shaoxing Guochao Metallic Products Co. Ltd..........                1.71
Shanghai Jianhai International Trade Co., Ltd.......                1.71
Shaoxing Liangbao Metal Manufactured Co., Ltd.......                1.71
PRC-Wide Entity \12\................................              187.25
------------------------------------------------------------------------
\10\ For the final results, we continue to find that Wells and HK Wells
  comprise a single entity, as determined in the Preliminary Results,
  pursuant to 19 CFR 351.401(f)(1) and (2). See Preliminary Results, 75
  FR at 68759.
\11\ For the final results, we continue to find that Shaoxing Gangyuan
  Metal Manufactured Co. Ltd., Shaoxing Tongzhou Metal Manufactured Co.
  Ltd., and Shaoxing Andrew Metal Manufactured Co., Ltd. comprise a
  single entity, as determined in the underlying investigation, pursuant
  to 19 CFR 351.401(f)(1) and (2). See Preliminary Results, 75 FR at
  68766; see also Hangers LTFV, 73 FR at 47589.
\12\ The PRC-Wide entity continues to include the 94 companies listed in
  footnote 17 of the Preliminary Results. See Preliminary Results, 75 FR
  at 68762.

Assessment

    Upon issuance of these final results, the Department will 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries covered by these reviews. The Department intends to issue 
assessment instructions to CBP 15 days after the publication date of 
the final results of this review excluding any reported sales that 
entered during the gap period. In accordance with 19 CFR 351.212(b)(1), 
we calculated exporter/importer (or customer)-specific assessment rates 
for the merchandise subject to this review. Where the respondent has 
reported reliable entered values, we calculated importer (or customer)-
specific ad valorem rates by aggregating the dumping margins calculated 
for all U.S. sales to each importer (or customer) and dividing this 
amount by the total entered value of the sales to each importer (or 
customer). See 19 CFR 351.212(b)(1). Where an importer (or customer)-
specific ad valorem rate is greater than de minimis, we will apply the 
assessment rate to the entered value of the importers'/customers' 
entries during the POR. See 19 CFR 351.212(b)(1).
    Where we do not have entered values for all U.S. sales, we 
calculated a per-unit assessment rate by aggregating the antidumping 
duties due for all U.S. sales to each importer (or customer) and 
dividing this amount by the total quantity sold to that importer (or 
customer). See 19 CFR 351.212(b)(1). To determine whether the duty 
assessment rates are de minimis, in accordance with the requirement set 
forth in 19 CFR 351.106(c)(2), we calculated importer (or customer)-
specific ad valorem ratios based on the estimated entered value. Where 
an importer (or customer)-specific ad valorem rate is zero or de 
minimis, we will instruct CBP to liquidate appropriate entries without 
regard to antidumping duties. See 19 CFR 351.106(c)(2). For the 
companies receiving a separate rate that were not selected for 
individual review, we will calculate an assessment rate based on the 
simple average of the cash deposit rates calculated for the companies 
selected for individual review pursuant to section 735(c)(5)(B) of the 
Act.
    With respect to the companies upon which we have rescinded this 
review, we intend to issue assessment instructions to CBP 15 days after 
publication of this notice. The Department will instruct CBP to assess 
antidumping duties at rates equal to the cash deposit of estimated 
antidumping duties required at the time of entry, or withdrawal from 
warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i).

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 entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For the exporters 
listed above, the cash deposit rate will be established in the final 
results of this review (except, if the rate

[[Page 27998]]

is zero or de minimis, i.e., less than 0.5 percent, no cash deposit 
will be required for that company); (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 recent period; (3) for all PRC exporters of 
subject merchandise which have not been found to be entitled to a 
separate rate, the cash deposit rate will be the PRC-wide rate of 
187.25 percent; and (4) for all non-PRC exporters of subject 
merchandise which have not received their own rate, the cash deposit 
rate will be the rate applicable to the PRC exporters that supplied 
that non-PRC exporter. These deposit requirements, when imposed, shall 
remain in effect until further notice.

Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties has occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    We are issuing and publishing this administrative review and notice 
in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 
351.213(d)(4).

    Dated: May 9, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix I--Decision Memorandum

General Issues

Comment 1: Treatment of Sales with Negative Margins
Comment 2: Surrogate Financial Ratios
Comment 3: Calculation of the Separate Rate Margin

Company-Specific Issues

Dingli

Comment 4: Whether to Assign Adverse Facts Available (``AFA'') to 
Dingli
    A. U.S. Customs and Border Protection (``CBP'') Data on the Record
    B. Hanger Quantity Conversions
    C. Hydrochloric Acid (``HCL'') Consumption
    D. Weight of Packing Cartons
    E. Sale of Machinery
    F. Changes to Margin Calculation Per Verification Findings
Comment 5: Calculation of Domestic Movement Expenses
Comment 6: Byproduct Offset for Scrap Iron Buckets

Wells

Comment 7: Calculation of Domestic Movement Expenses

[FR Doc. 2011-11871 Filed 5-12-11; 8:45 am]
BILLING CODE 3510-DS-P