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]
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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.
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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,
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17:22 May 12, 2011
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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
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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
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’’).
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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.
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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
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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 https://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’’).
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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: https://ia.ita.doc.gov/policy/
index.html.
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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’’).
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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,
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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’’).
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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.
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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
https://
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 https://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]
-----------------------------------------------------------------------
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 https://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: https://ia.ita.doc.gov/policy/.
---------------------------------------------------------------------------
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
