Steel Wire Garment Hangers From the Socialist Republic of Vietnam and Taiwan: Initiation of Antidumping Duty Investigations, 3731-3736 [2012-1558]
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Federal Register / Vol. 77, No. 16 / Wednesday, January 25, 2012 / Notices
Corporation Ltd. (Polyplex), and SRF
Limited (SRF). The Department also
received timely requests for an AD
review from Vacmet India Ltd. (Vacmet)
and Polypacks Industries of India
(Polypacks). On August 26, 2011, the
Department published a notice of
initiation of administrative review with
respect to Ester, Garware, Jindal,
Polyplex, SRF, Vacmet, and Polypacks.
See Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Requests for Revocation in
Part, 76 FR 53404 (August 26, 2011). On
August 23, 2011, Vacmet and Polypacks
withdrew their requests for a review.
The Department published a rescission,
in part, of the AD administrative review
with respect to Vacmet and Polypacks
on September 20, 2011. See
Polyethylene Terephthalate Film, Sheet
and Strip From India: Rescission, In
Part, of Antidumping Duty
Administrative Review, 76 FR 58244
(September 20, 2011). On November 25,
2011, Petitioners withdrew their request
for AD administrative reviews of Ester
and Garware.
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Rescission, in Part
Pursuant to 19 CFR 351.213(d)(1), the
Secretary will rescind an administrative
review, in whole or in part, if a party
that requested the review withdraws the
request within 90 days of the date of
publication of the notice of initiation of
the requested review. Petitioners’
withdrawal was submitted within the
90-day period and thus is timely.2
Because Petitioners’ withdrawal of their
requests for review is timely and
because no other party requested a
review of Ester and Garware, we are
rescinding this review with respect to
these companies, in accordance with 19
CFR 351.213(d)(1). The administrative
review of Jindal, Polyplex, and SRF
continues.
Assessment
The Department will instruct U.S.
Customs and Border Protection (CBP) to
assess antidumping duties on all
appropriate entries. Subject
merchandise of Ester and Garware will
be assessed 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). The Department
intends to issue assessment instructions
to CBP 15 days after the date of
publication of this notice.
2 The 90th day fell on November 24, 2011, a nonbusiness day. Pursuant to 19 CFR 351.303(b), if an
applicable due date falls on a non-business day, the
Department will accept as timely a document that
is filed on the next business day.
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Notification to Importers
This notice serves as a reminder to
importers of their responsibility under
19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of doubled antidumping duties.
Notification Regarding Administrative
Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under 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.
This notice is issued and published in
accordance with section 777(i)(1) of the
Tariff Act of 1930, as amended, and 19
CFR 351.213(d)(4).
Dated: January 19, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2012–1530 Filed 1–24–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–812, A–583–849]
Steel Wire Garment Hangers From the
Socialist Republic of Vietnam and
Taiwan: Initiation of Antidumping Duty
Investigations
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: January 25, 2012.
FOR FURTHER INFORMATION CONTACT:
Catherine Bertrand at (202) 482–3207
(the Socialist Republic of Vietnam
(‘‘Vietnam’’)), or Scot Fullerton at (202)
482–1386 (Taiwan), AD/CVD
Operations, Office 9, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
AGENCY:
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3731
SUPPLEMENTARY INFORMATION:
Petitions
On December 29, 2011, the
Department of Commerce (the
‘‘Department’’) received antidumping
duty (‘‘AD’’) petition concerning
imports of steel wire garment hangers
from Vietnam and Taiwan filed in
proper form on behalf of M&B Metal
Products Company, Inc.; Innovative
Fabrication LLC/Indy Hanger; and US
Hanger Company, LLC (collectively,
‘‘Petitioners’’).1 2 On January 5, 2012,
the Department issued a request for
additional information and clarification
of certain areas of the Petitions. On
January 10, 2012, Petitioners filed a
response with respect to general
questions about information in the
Petitions (‘‘Supplement to the AD/CVD
Petitions’’). On January 11, 2012,
Petitioners also filed responses specific
to the Vietnam and Taiwan AD Petition
(hereinafter, ‘‘Supplement to Vietnam
Petition,’’ and ‘‘Supplement to the
Taiwan Petition,’’ respectively). On
January 11, 2012, Petitioners also filed
a revision to the proposed scope
language (‘‘Second Scope Revision’’). In
accordance with section 732(b) of the
Tariff Act of 1930, as amended (the
‘‘Act’’), Petitioners allege that imports of
steel wire garment hangers from
Vietnam and Taiwan are being, or are
likely to be, sold in the United States at
less than fair value, within the meaning
of section 731 of the Act, and that such
imports are materially injuring, or
threatening material injury to, an
industry in the United States.
The Department finds that Petitioners
filed the Petitions on behalf of the
domestic industry because Petitioners
are interested parties as defined in
section 771(9)(C) of the Act and have
demonstrated sufficient industry
support with respect to the antidumping
duty investigations that Petitioners are
requesting that the Department initiate
(see ‘‘Determination of Industry Support
for the Petitions’’ section below).
Period of Investigation
The period of investigation (‘‘POI’’)
for the investigation involving Vietnam
is April 1, 2011, through September 30,
2011. The POI for the investigation
involving Taiwan is October 1, 2010,
through September 30, 2011.3
1 See ‘‘Petitions for the Imposition of
Antidumping Duties on Steel Wire Garment
Hangers from Taiwan and Antidumping and
Countervailing Duties on Steel Wire Garment
Hangers from the Socialist Republic of Vietnam,’’
filed on December 29, 2011 (the ‘‘Petitions’’).
2 A countervailing duty (‘‘CVD’’) petition was also
filed on steel wire garment hangers from Vietnam.
3 See 19 CFR 351.204(b)(1).
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Federal Register / Vol. 77, No. 16 / Wednesday, January 25, 2012 / Notices
Scope of Investigations
The product covered by these
investigations is steel wire garment
hangers from Vietnam and Taiwan. For
a full description of the scope of the
investigations, please see the ‘‘Scope of
the Investigations,’’ in Appendix I of
this notice.
Comments on Scope of Investigations
During our review of the Petitions, we
discussed the scope with Petitioners to
ensure that it is an accurate reflection of
the products for which the domestic
industry is seeking relief. Moreover, as
discussed in the preamble to the
Department’s regulations (Antidumping
Duties; Countervailing Duties; Final
Rule, 62 FR 27296, 27323 (May 19,
1997)), we are setting aside a period for
interested parties to raise issues
regarding product coverage. The period
of scope consultations is intended to
provide the Department with ample
opportunity to consider all comments
and to consult with parties prior to the
issuance of the preliminary
determinations. The Department
encourages all interested parties to
submit such comments by February 7,
2012, twenty calendar days from the
signature date of this notice. All
comments must be filed on the records
of Vietnam and Taiwan antidumping
duty investigations as well as Vietnam
countervailing duty investigation.
Comments should be filed electronically
using Import Administration’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(IA ACCESS). An electronically filed
document must be received successfully
in its entirety by the Department’s
electronic records system, IA ACCESS.
Documents excepted from the electronic
submission requirements must be filed
manually (i.e., in paper form) with the
APO/Dockets Unit in Room 1870 and
stamped with the date and time of
receipt by the deadline noted above.
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Comments on Product Characteristics
for Antidumping Duty Questionnaires
We are requesting comments from
interested parties regarding the
appropriate physical characteristics of
steel wire garment hangers to be
reported in response to the
Department’s antidumping
questionnaires. This information will be
used to identify the key physical
characteristics of the subject
merchandise in order to more accurately
report the relevant factors and costs of
production, as well as to develop
appropriate product comparison
criteria.
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Interested parties may provide any
information or comments that they feel
are relevant to the development of an
accurate listing of physical
characteristics. Specifically, they may
provide comments as to which
characteristics are appropriate to use as
(1) general product characteristics and
(2) the product comparison criteria. We
note that it is not always appropriate to
use all product characteristics as
product comparison criteria. We base
product comparison criteria on
meaningful commercial differences
among products. In other words, while
there may be some physical product
characteristics utilized by
manufacturers to describe steel wire
garment hangers, it may be that only a
select few product characteristics that
take into account commercially
meaningful physical characteristics. In
addition, interested parties may
comment on the order in which the
physical characteristics should be used
in product matching. Generally, the
Department attempts to list the most
important physical characteristics first
and the least important characteristics
last.
In order to consider the suggestions of
interested parties in developing and
issuing the antidumping duty
questionnaires, we must receive
comments by February 7, 2012.
Additionally, rebuttal comments must
be received by February 14, 2011. All
comments must be filed on the records
of the Vietnam and Taiwan
antidumping duty investigations. All
comments and submissions to the
Department must be filed electronically
using IA ACCESS, as referenced above.
Determination of Industry Support for
the Petitions
Section 732(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 732(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) At least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 732(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
the Department shall: (i) Poll the
industry or rely on other information in
order to determine if there is support for
the petition, as required by
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subparagraph (A); or (ii) determine
industry support using a statistically
valid sampling method to poll the
industry.
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
whole of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs the Department to look to
producers and workers who produce the
domestic like product. The International
Trade Commission (‘‘ITC’’), which is
responsible for determining whether
‘‘the domestic industry’’ has been
injured, must also determine what
constitutes a domestic like product in
order to define the industry. While both
the Department and the ITC must apply
the same statutory definition regarding
the domestic like product (see section
771(10) of the Act), they do so for
different purposes and pursuant to a
separate and distinct authority. In
addition, the Department’s
determination is subject to limitations of
time and information. Although this
may result in different definitions of the
like product, such differences do not
render the decision of either agency
contrary to law.4
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
most similar in characteristics and uses
with, the article subject to an
investigation under this title.’’ Thus, the
reference point from which the
domestic like product analysis begins is
‘‘the article subject to an investigation’’
(i.e., the class or kind of merchandise to
be investigated, which normally will be
the scope as defined in the petition).
With regard to the domestic like
product, Petitioners do not offer a
definition of domestic like product
distinct from the scope of the
investigations. Based on our analysis of
the information submitted on the
record, we have determined that steel
wire garment hangers constitute a single
domestic like product and we have
analyzed industry support in terms of
that domestic like product. For a
discussion of the domestic like product
analysis in this case, see ‘‘Antidumping
Duty Investigation Initiation Checklist:
Steel Wire Garment Hangers from
Taiwan’’ (‘‘Taiwan AD Checklist’’) at
Attachment II; ‘‘Antidumping Duty
Investigation Initiation Checklist: Steel
Wire Garment Hangers from Vietnam’’
(‘‘Vietnam AD Checklist’’) at
Attachment II, on file electronically in
the Central Records Unit (room 7046 at
4 See USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp. v.
United States, 688 F. Supp. 639, 644 (CIT 1988)).
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Herbert C Hoover Building) via IA
ACCESS.
In determining whether Petitioners
have standing under section
732(c)(4)(A) of the Act, we considered
the industry support data contained in
the Petitions with reference to the
domestic like product as defined in the
‘‘Scope of Investigations,’’ in Appendix
I of this notice. To establish industry
support, Petitioners provided their
production as well as supporters’
production of the domestic like product
in 2010, and compared this to the
estimated total production of the
domestic like product for the entire
domestic industry. To estimate total
2010 production of the domestic like
product, Petitioners used their own data
and industry specific knowledge. We
have relied upon data Petitioners
provided for purposes of measuring
industry support. For further
discussion, see Taiwan AD Checklist at
Attachment II and Vietnam AD
Checklist at Attachment II.
Our review of the information
provided in the Petitions, supplemental
submissions, and other information
readily available to the Department
indicates that Petitioners have
established industry support. First, the
Petitions established support from
domestic producers accounting for more
than 50 percent of the total production
of the domestic like product and, as
such, the Department is not required to
take further action in order to evaluate
industry support (e.g., polling).5
Second, the domestic producers have
met the statutory criteria for industry
support under section 732(c)(4)(A)(i) of
the Act because the domestic producers
who support the Petitions account for at
least 25 percent of the total production
of the domestic like product.6 Finally,
the domestic producers have met the
statutory criteria for industry support
under section 732(c)(4)(A)(ii) of the Act
because the domestic producers who
support the Petitions account for more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
Petitions.7 Accordingly, the Department
determines that the Petitions were filed
on behalf of the domestic industry
within the meaning of section 732(b)(1)
of the Act.8
The Department finds that the
Petitioners filed the Petitions on behalf
5 See section 732(c)(4)(D) of the Act; see also
Taiwan AD Checklist at Attachment II and Vietnam
AD Checklist at Attachment II.
6 See Taiwan AD Checklist at Attachment II and
Vietnam AD Checklist at Attachment II.
7 See id.
8 See id.
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of the domestic industry because they
are interested parties as defined in
section 771(9)(C) of the Act and they
have demonstrated sufficient industry
support with respect to the antidumping
duty investigations they are requesting
the Department initiate.9
Allegations and Evidence of Material
Injury and Causation
Petitioners allege that the U.S.
industry producing the domestic like
product is being materially injured, or is
threatened with material injury, by
reason of the imports of the subject
merchandise sold at less than normal
value (‘‘NV’’). In addition, Petitioners
allege that subject imports exceed the
negligibility threshold provided for
under section 771(24)(A) of the Act.
Petitioners contend that the industry’s
injured condition is illustrated by
reduced market share, reduced
shipments, reduced capacity,
underselling and price depression or
suppression, a decline in financial
performance, lost sales and revenue, an
increase in import penetration, and
threat of future injury.10 We have
assessed the allegations and supporting
evidence regarding material injury,
threat of material injury, and causation,
and we have determined that these
allegations are properly supported by
adequate evidence and meet the
statutory requirements for initiation.11
Allegations of Sales at Less Than Fair
Value
The following is a description of the
allegations of sales at less than fair value
upon which the Department based its
decision to initiate these investigations
of imports of steel wire garment hangers
from Vietnam and Taiwan. The sources
of data for the deductions and
adjustments relating to the U.S. price,
the factors of production (‘‘FOPs’’) (for
Vietnam) and cost of production
(‘‘COP’’) (for Taiwan) are also discussed
in the country-specific initiation
checklists.12
Export Price
Vietnam
For Vietnam, Petitioners calculated
export price (‘‘EP’’) based on offers for
sale of steel wire garment hangers by
certain Vietnamese exporters/resellers
and declarations of lost U.S. sales by
U.S. producers during the POI, as
identified in four ‘‘Declarations
9 See
id.
Taiwan AD Checklist at Attachment III and
Vietnam AD Checklist at Attachment III.
11 See id.
12 See Vietnam AD Checklist at 6–9 and Taiwan
AD Checklist at 6–8.
10 See
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3733
Regarding Lost U.S. Sales.’’ 13 Based on
the stated sales and delivery terms,
Petitioners deducted adjustments,
charges and expenses associated with
exporting and delivering to the U.S.
customer, where appropriate.14
Petitioners made no other
adjustments.15
Taiwan
For Taiwan, Petitioners based U.S. EP
on a declaration of lost U.S. sales of
three major types of steel wire garment
hangers by U.S. producers and the
average unit value (‘‘AUV’’) for U.S.
Harmonized Tariff Schedule (‘‘USHTS’’)
7326.20.0020, described as ‘‘garment
wire hangers of iron or steel,’’ during
the POI. The lost sales are supported by
affidavits.16 Based on the stated sales
and delivery terms, Petitioners deducted
from these prices the adjustments,
charges, and expenses associated with
exporting and delivering the product to
the U.S. customer, including ocean
freight and insurance, U.S. duties and
U.S. inland freight charges, and
distributor mark-up, where
appropriate.17
Normal Value
Vietnam
Petitioners state that the Department
has long treated Vietnam as a nonmarket economy (‘‘NME’’) country and
this designation remains in effect
today.18 In accordance with section
771(18)(C)(i) of the Act, the
presumption of NME status remains in
effect until revoked by the Department.
The presumption of NME status for
Vietnam has not been revoked by the
Department and, therefore, remains in
effect for purposes of the initiation of
Vietnam investigation. Accordingly, the
NV of the product for Vietnam
investigation is appropriately based on
FOPs valued in a surrogate market13 See Vietnam AD Checklist at 6; see also
Volume III of the Petitions at III–5 and Exhibit III–
4.
14 See Vietnam AD Checklist at 6; see also
Volume III of the Petitions at III–5 and Exhibit III–
5, and Supplement to Vietnam Petition at
Attachment III–9
15 See Vietnam AD Checklist for additional
details.
16 See Taiwan AD Checklist at 6; see also Volume
II of the Petitions at II–4 and Exhibits II–4.
17 See id.
18 See Volume III of the Petitions at III–1 through
III–3; see also Circular Welded Carbon-Quality Steel
Pipe From India, the Sultanate of Oman, the United
Arab Emirates, and the Socialist Republic of
Vietnam: Initiation of Antidumping Duty
Investigations, 76 FR 72164, 72167 (November 22,
2011); see also Certain Frozen Warmwater Shrimp
From the Socialist Republic of Vietnam: Final
Results and Final Partial Rescission of
Antidumping Duty Administrative Review, 76 FR
56158, 56160 (September 12, 2011).
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economy (‘‘ME’’) country in accordance
with section 773(c) of the Act. In the
course of the Vietnam investigation, all
parties, including the public, will have
the opportunity to provide relevant
information related to the issue of
Vietnam’s NME status and the granting
of separate rates to individual exporters.
Petitioners claim that India is an
appropriate surrogate country under 19
CFR 351.408(a) because it is an ME
country that is at a comparable level of
economic development to Vietnam and
surrogate values data from India are
available and reliable. Petitioners also
believe that India is a significant
producer of comparable merchandise.
Petitioners are not aware of significant
production of steel wire garment
hangers among other potential surrogate
countries, such as Bangladesh, the
Philippines, Indonesia, Sri Lanka, and
Pakistan.19 Based on the information
provided by Petitioners, we believe that
it is appropriate to use India as a
surrogate country for initiation
purposes. After initiation of the
investigation, interested parties will
have the opportunity to submit
comments regarding surrogate country
selection and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an
opportunity to submit publicly available
information to value FOPs within 40
days after the date of publication of the
preliminary determination.
Petitioners calculated the NV and
dumping margins for the U.S. price,
discussed above, using the Department’s
NME methodology as required by 19
CFR 351.202(b)(7)(i)(C) and 19 CFR
351.408. Petitioners calculated NV
based on consumption rates
experienced by U.S. producers.20
Petitioners assert that, to the best of
Petitioners’ knowledge, the
consumption rates of the domestic
producers are very similar, if not
identical, to the consumption of
Vietnamese producers.21
Petitioners valued by-products and
most FOPs based on reasonably
available, public surrogate country data,
specifically, Indian import statistics
from the Global Trade Atlas (‘‘GTA’’).22
Petitioners excluded from these import
statistics values from countries
previously determined by the
19 See Volume III of the Petitions at III–2 through
III–3.
20 See Volume III of the Petitions at III–3 through
III–4.
21 See Volume III of the Petitions at III–3 through
III–4 and Exhibits III–2 and III–3, and Supplement
to Vietnam Petition at (Supp-III)–4, Attachment III–
3, and Attachment III–8.
22 See Volume III of the Petitions at III–4 and
Exhibit III–2; see also Supplement to Vietnam
Petition at Petition at Attachment III–5.
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Department to be NME countries, and
from Indonesia, the Republic of Korea
and Thailand, as the Department has
previously excluded prices from these
countries because they maintain broadly
available, non-industry-specific export
subsidies. Finally, imports that were
labeled as originating from an
‘‘unspecified’’ country were excluded
from the average value, because the
Department could not be certain that
they were not from either an NME
country or a country with generally
available export subsidies.23 For valuing
other FOPs, Petitioners used sources
selected by the Department in recent
proceedings involving Vietnam or
publically available sources from
India.24 In addition, Petitioners made
Indian Rupee/U.S. dollar (‘‘USD’’)
currency conversions using average
exchange rates for the POI, based on
Federal Reserve exchange rates.25
Petitioners determined labor costs
using the labor consumption rates
derived from U.S. producers.26
Petitioners valued labor costs using the
calculated wage rate in a recent review
involving steel wire garment hangers
from the People’s Republic of China.27
Petitioners determined electricity
costs using the electricity consumption
rates, in kilowatt hours, derived from
one U.S. producer’s experience.28
Petitioners valued electricity using the
Indian electricity rate reported by the
23 See, e.g., Polyethylene Terephthalate Film,
Sheet, and Strip from the People’s Republic of
China: Preliminary Determination of Sales at Less
Than Fair Value, 73 FR 24552, 24559 (May 5, 2008),
unchanged in Polyethylene Terephthalate Film,
Sheet, and Strip from the People’s Republic of
China: Final Determination of Sales at Less Than
Fair Value, 73 FR 55039 (September 24, 2008)
(‘‘PET Film’’); see also Volume III of the Petitions
at III–4 and Exhibit III–2, and Supplement to
Vietnam Petition at Attachment III–1.
24 See Volume III of the Petitions at III–4 and
Exhibit III–2; see also Supplement to Vietnam
Petition at Attachment III–1.
25 See Volume III of the Petitions at III–4 and
Exhibit III–3, and Supplement to Vietnam Petition
at (Supp-III)–2, and Attachment III–4.
26 See Volume III of the Petitions at Exhibit III–
3.
27 See Steel Wire Garment Hangers From the
People’s Republic of China: Preliminary Results and
Preliminary Rescission, in Part, of the Second
Antidumping Duty Administrative Review, 76 FR
66903, 66910 (October 28, 2011) (citing
Memorandum to the File through Catherine
Bertrand, Program Manager, Office 9, from Bob
Palmer, Case Analyst, Office 9 re: ‘‘Second
Administrative Review of Steel Wire Garment
Hangers from the People’s Republic of China:
Surrogate Values for the Preliminary Results,’’
dated October 24, 2011, at 1, Exhibit 12, and Exhibit
13); see also, See Supplement to Vietnam Petition
at (Supp-III)–1, and Attachment III–1.
28 See Volume III of the Petitions at Exhibit III–
3, Supplement to Vietnam Petition at Attachment
III–8.
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Central Electric Authority of the
Government of India.29
Petitioners determined water costs
using the water consumption derived
from one U.S. producer’s experience.30
Petitioners valued water based on
publically available information from
the Maharashtra Industrial Development
Corporation.31
Petitioners determined natural gas
costs using the natural gas consumption
rates derived from one U.S. producer’s
experience.32 Petitioners valued natural
gas costs using GTA import statistics.33
Petitioners based factory overhead,
selling, general and administrative
(‘‘SG&A’’), and profit on data from
Sterling Tools Limited (‘‘Sterling’’), an
Indian producer of comparable
merchandise.34 Therefore, because
Sterling is a producer of comparable
merchandise, the Department finds that
Petitioners’ use of Sterling’s financial
ratios appropriate.35
Petitioners determined packing
material costs using the consumption
rates derived from U.S. producers’
experience.36 Petitioners valued packing
materials using GTA India import
statistics.37
Thus, the Department determines that
the surrogate values used by Petitioners
are reasonably available and, thus,
acceptable for purposes of initiation.
Taiwan
NV Based on Constructed Value (‘‘CV’’)
Petitioners used CV to estimate NV
because home market or third country
pricing was not reasonably available.38
When such information is unavailable
the Department may use CV to estimate
NV. In accordance with section
773(e)(1) of the Act, Petitioners based
constructed value on actual
consumption of direct materials, direct
29 See Supplement to Vietnam Petition at
Attachment III–1.
30 See Volume III of the Petitions at Exhibit III–
3, Supplement to Vietnam Petition at Attachment
III–8.
31 See Supplement to Vietnam Petition at
Attachment III–1.
32 See Volume III of the Petitions at Exhibit III–
3, Supplement to Vietnam Petition at Attachment
III–8.
33 See Volume III of the Petitions at Exhibit III–
2 and Supplement to Vietnam Petition at
Attachment III–6.
34 See Volume III of the Petition at III–4 through
III–5, Exhibit III–2, and Supplement to Vietnam
Petition at Attachment III–2.
35 See 19 CFR 351.408(4).
36 See Volume III of the Petition, at Exhibit III–
1, Supplement to Vietnam Petition at Attachment
III–8.
37 See Volume III of the Petitions at Exhibit III–
2.
38 Petitioners documented its attempts to obtain
such information. See Volume II of the Petition at
II–2.
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Federal Register / Vol. 77, No. 16 / Wednesday, January 25, 2012 / Notices
labor, energy, overhead, and general
expenses, plus amounts for profit and
packing, for several major types of steel
wire garment hangers.39
Petitioners assert that, according to
the best available information,
Taiwanese producers of hangers utilize
similar production methods as U.S.
producers to produce subject
merchandise. As a result, Petitioners
used the actual consumption rates of
M&B Metal Products Inc., one of the
Petitioners, to provide a reasonable
basis from which to estimate the costs
for the Taiwanese producers of hangers.
No adjustments were made between
Petitioners’ production process and the
process employed by Taiwanese
producers because the production of
steel wire garment hangers for both is
very similar.40 Petitioners calculated
raw materials, labor, energy, and
packing based on its own production
experience using publically available
data.41 Petitioners provided financial
statements from China Steel
Corporation, a Taiwanese manufacturer
of steel products, for the calculation of
factory overhead, SG&A and profit.42
Fair Value Comparisons
srobinson on DSK4SPTVN1PROD with NOTICES
Based on the data provided by
Petitioners, there is reason to believe
that imports of steel wire garment
hangers from Vietnam and Taiwan are
being, or are likely to be, sold in the
United States at less than fair value.
Based on a comparison of EPs and NV
calculated, in accordance with section
773(c) of the Act, the estimated
dumping margins for steel wire garment
hangers from Vietnam range from
117.48 percent to 220.68 percent.43
Based on a comparison of EPs and CV
calculated in accordance with section
773(a)(4) of the Act, the estimated
dumping margins for steel wire garment
hangers from Taiwan range from 18.90
percent to 125.43 percent.44
39 See Taiwan AD Checklist at 7–8; see also
Volume II of the Petition at II–2 though 4 and
Exhibit II–1.
40 See Taiwan AD Checklist at 7; see also Volume
II of the Petition at II–3 and Exhibit II–1.
41 See Taiwan AD Checklist at 7–8; see also
Volume II of the Petition at II–3 and Exhibit II–2
and Volume II Supplemental at Attachments II–2,
II–3, and II–4.
42 See Taiwan AD Checklist at 8; see also Volume
II of the Petition at II–3 through 4 and Exhibit II–
2 and Volume II Supplemental at Attachments II–
7 and Attachments II–8.
43 See Vietnam AD Checklist at 9 and Appendix
V.
44 See Taiwan AD Checklist at 9 and Attachment
V; see also Volume II of Petitions, at II–5, and
Exhibit II–4, and Volume II Supplemental at (Supp
II)–6, and Attachment II–10.
VerDate Mar<15>2010
18:09 Jan 24, 2012
Jkt 226001
3735
Based upon the examination of the
Petitions on steel wire garment hangers
from Vietnam and Taiwan, the
Department finds that the Petitions meet
the requirements of section 732 of the
Act. Therefore, we are initiating
antidumping duty investigations to
determine whether imports of steel wire
garment hangers from Vietnam and
Taiwan are being, or are likely to be,
sold in the United States at less than fair
value. In accordance with section
733(b)(1)(A) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will
make our preliminary determinations no
later than 140 days after the date of
these initiations.
in order to receive consideration for
separate-rate status.48
In addition, the Department will post
the quantity and value questionnaire
along with the filing instructions on the
Import Administration Web site (https://
ia.ita.doc.gov/ia-highlights-andnews.html). Exporters and producers of
steel wire garment hangers that do not
receive quantity and value
questionnaires but intend to submit a
response can obtain a copy from the
Import Administration Web site. The
quantity and value questionnaire must
be submitted by all Vietnamese
exporters/producers no later than
February 8, 2012, 21 days after the
signature date of this Federal Register
notice.
Targeted Dumping Allegations
Taiwan
On December 10, 2008, the
Department issued an interim final rule
for the purpose of withdrawing 19 CFR
351.414(f) and (g), the regulatory
provisions governing the targeted
dumping analysis in antidumping duty
investigations, and the corresponding
regulation governing the deadline for
targeted dumping allegations, 19 CFR
351.301(d)(5).45 The Department stated
that ‘‘{w}ithdrawal will allow the
Department to exercise the discretion
intended by the statute and, thereby,
develop a practice that will allow
interested parties to pursue all statutory
avenues of relief in this area.’’ 46
In order to accomplish this objective,
if any interested party wishes to make
a targeted dumping allegation in either
of these investigations pursuant to
section 777A(d)(1)(B) of the Act, such
allegations are due no later than 45 days
before the scheduled date of the
country-specific preliminary
determination.
Following standard practice in AD
investigations involving ME countries,
the Department intends to select
respondents based on U.S. Customs and
Border Protection (‘‘CBP’’) data for U.S.
imports under the HTSUS numbers
7326.20.0020 and 7323.99.908. We
intend to release the CBP data under
Administrative Protective Order
(‘‘APO’’) to all parties with access to
information protected by APO within
five days of publication of this Federal
Register notice and make our decision
regarding respondent selection within
20 days of publication of this notice.
The Department invites comments
regarding the CBP data and respondent
selection within seven days of
publication of this Federal Register
notice.
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305.
Instructions for filing such applications
may be found on the Department’s Web
site at https://ia.ita.doc.gov/apo.
Initiation of Antidumping
Investigations
Respondent Selection and Quantity and
Value Questionnaire
Vietnam
The Department will request quantity
and value information from all known
exporters and producers identified in
the Petitions.47 The quantity and value
data received from Vietnamese
exporters/producers will be used as the
basis to select the mandatory
respondents. The Department requires
that the respondents submit a response
to both the quantity and value
questionnaire and the separate-rate
application by the respective deadlines
45 See Withdrawal of the Regulatory Provisions
Governing Targeted Dumping in Antidumping Duty
Investigations, 73 FR 74930 (December 10, 2008).
46 See id., at 74931.
47 See Volume I of Petitions, at Exhibit I–8.
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
Separate Rates in the Vietnam
Investigation
In order to obtain separate-rate status
in NME investigations, exporters and
producers must submit a separate-rate
status application.49 Based on our
experience in processing the separate48 See Circular Welded Austenitic Stainless
Pressure Pipe from the People’s Republic of China:
Initiation of Antidumping Duty Investigation, 73 FR
10221, 10225 (February 26, 2008); Initiation of
Antidumping Duty Investigation: Certain Artist
Canvas From the People’s Republic of China, 70 FR
21996, 21999 (April 28, 2005).
49 See Policy Bulletin 05.1: Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market
Economy Countries (April 5, 2005) (‘‘Separate Rates
and Combination Rates Bulletin’’), available on the
Department’s Web site at https://ia.ita.doc.gov/
policy/bull05–1.pdf.
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Federal Register / Vol. 77, No. 16 / Wednesday, January 25, 2012 / Notices
rate applications in previous
antidumping duty investigations, we
have modified the application for this
investigation to make it more
administrable and easier for applicants
to complete.50 The specific
requirements for submitting the
separate-rate application in this
investigation are outlined in detail in
the application itself, which will be
available on the Department’s Web site
at https://ia.ita.doc.gov/ia-highlightsand-news.html on the date of
publication of this initiation notice in
the Federal Register. The separate-rate
application will be due 60 days after
publication of this initiation notice. For
exporters and producers who submit a
separate-rate status application and
subsequently are selected as mandatory
respondents, these exporters and
producers will no longer be eligible for
consideration for separate rate status
unless they respond to all parts of the
questionnaire as mandatory
respondents. As noted in the
‘‘Respondent Selection’’ section above,
the Department requires that Vietnam
respondents submit a response to both
the quantity and value questionnaire
and the separate-rate application by the
respective deadlines in order to receive
consideration for separate-rate status.
The quantity and value questionnaire
will be available on the Department’s
Web site at https://ia.ita.doc.gov/iahighlights-and-news.html on the date of
the publication of this initiation notice
in the Federal Register.
srobinson on DSK4SPTVN1PROD with NOTICES
Use of Combination Rates in the
Vietnam Investigation
The Department will calculate
combination rates for certain
respondents that are eligible for a
separate rate in this investigation. The
Separate Rates and Combination Rates
Bulletin states:
{w}hile continuing the practice of
assigning separate rates only to exporters, all
separate rates that the Department will now
assign in its NME investigations will be
specific to those producers that supplied the
exporter during the period of investigation.
Note, however, that one rate is calculated for
the exporter and all of the producers which
supplied subject merchandise to it during the
period of investigation. This practice applies
both to mandatory respondents receiving an
individually calculated separate rate as well
as the pool of non-investigated firms
receiving the weighted-average of the
individually calculated rates. This practice is
referred to as the application of ‘‘combination
rates’’ because such rates apply to specific
combinations of exporters and one or more
50 See, e.g., Initiation of Antidumping Duty
Investigation: Certain New Pneumatic Off-the-Road
Tires From the People’s Republic of China, 72 FR
43591, 43594–95 (August 6, 2007).
VerDate Mar<15>2010
18:09 Jan 24, 2012
Jkt 226001
producers. The cash-deposit rate assigned to
an exporter will apply only to merchandise
both exported by the firm in question and
produced by a firm that supplied the exporter
during the period of investigation.51
Distribution of Copies of the Petitions
In accordance with section
732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public versions
of the Petitions have been provided to
the representatives of the Governments
of Vietnam and Taiwan. Because of the
large number of producers/exporters
identified in the Petitions, the
Department considers the service of the
public version of the Petitions to the
foreign producers/exporters satisfied by
the delivery of the public versions of the
Petitions to the Governments of Vietnam
and Taiwan, consistent with 19 CFR
351.203(c)(2).
ITC Notification
We have notified the ITC of our
initiations, as required by section 732(d)
of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine,
no later than February 12, 2012,
whether there is a reasonable indication
that imports of steel wire garment
hangers from Vietnam and Taiwan are
materially injuring, or threatening
material injury to a U.S. industry. A
negative ITC determination with respect
to any country will result in the
investigation being terminated for that
country; otherwise, these investigations
will proceed according to statutory and
regulatory time limits.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305(b).
On January 22, 2008, the Department
published Antidumping and
Countervailing Duty Proceedings:
Documents Submission Procedures;
APO Procedures, 73 FR 3634 (January
22, 2008). Parties wishing to participate
in these investigations should ensure
that they meet the requirements of these
procedures (e.g., the filing of letters of
appearance as discussed at 19 CFR
351.103(d)).
Any party submitting factual
information in an AD/CVD proceeding
must certify to the accuracy and
completeness of that information.52
Parties are hereby reminded that revised
certification requirements are in effect
for company/government officials as
well as their representatives in all
51 See Separate Rates and Combination Rates
Bulletin, at 6 (emphasis added).
52 See section 782(b) of the Act.
PO 00000
Frm 00008
Fmt 4703
Sfmt 9990
segments of any AD/CVD proceeding
initiated on or after March 14, 2011.53
The formats for the revised certifications
are provided at the end of the Interim
Final Rule and the Supplemental
Interim Final Rule. The Department
intends to reject factual submissions in
any proceeding segments initiated on or
after March 14, 2011, if the submitting
party does not comply with the revised
certification requirements.
This notice is issued and published
pursuant to section 777(i) of the Act.
Dated: January 18, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix I—Scope of the
Investigations
The merchandise subject to these
investigations 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
these investigations are (a) wooden, plastic,
and other garment hangers that are not made
of steel wire; (b) steel wire garment hangers
with swivel hooks; (c) steel wire garment
hangers with clips permanently affixed; and
(d) chrome plated steel wire garment hangers
with a diameter of 3.4 mm or greater.
The products subject to these
investigations are currently classified under
U.S. Harmonized Tariff Schedule (‘‘USHTS’’)
subheadings 7326.20.0020 and 7323.99.9080.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
merchandise is dispositive.
[FR Doc. 2012–1558 Filed 1–24–12; 8:45 am]
BILLING CODE 3510–DS–P
53 See Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings: Interim Final
Rule, 76 FR 7491 (February 10, 2011) (‘‘Interim
Final Rule’’) (amending 19 CFR 351.303(g)(1) & (2)),
as supplemented by Certification of Factual
Information to Import Administration During
Antidumping and Countervailing Duty Proceedings:
Supplemental Interim Final Rule, 76 FR 54697
(September 2, 2011) (‘‘Supplemental Interim Final
Rule’’).
E:\FR\FM\25JAN1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 16 (Wednesday, January 25, 2012)]
[Notices]
[Pages 3731-3736]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-1558]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-812, A-583-849]
Steel Wire Garment Hangers From the Socialist Republic of Vietnam
and Taiwan: Initiation of Antidumping Duty Investigations
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: January 25, 2012.
FOR FURTHER INFORMATION CONTACT: Catherine Bertrand at (202) 482-3207
(the Socialist Republic of Vietnam (``Vietnam'')), or Scot Fullerton at
(202) 482-1386 (Taiwan), AD/CVD Operations, Office 9, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230.
SUPPLEMENTARY INFORMATION:
Petitions
On December 29, 2011, the Department of Commerce (the
``Department'') received antidumping duty (``AD'') petition concerning
imports of steel wire garment hangers from Vietnam and Taiwan filed in
proper form on behalf of M&B Metal Products Company, Inc.; Innovative
Fabrication LLC/Indy Hanger; and US Hanger Company, LLC (collectively,
``Petitioners'').\1\ \2\ On January 5, 2012, the Department
issued a request for additional information and clarification of
certain areas of the Petitions. On January 10, 2012, Petitioners filed
a response with respect to general questions about information in the
Petitions (``Supplement to the AD/CVD Petitions''). On January 11,
2012, Petitioners also filed responses specific to the Vietnam and
Taiwan AD Petition (hereinafter, ``Supplement to Vietnam Petition,''
and ``Supplement to the Taiwan Petition,'' respectively). On January
11, 2012, Petitioners also filed a revision to the proposed scope
language (``Second Scope Revision''). In accordance with section 732(b)
of the Tariff Act of 1930, as amended (the ``Act''), Petitioners allege
that imports of steel wire garment hangers from Vietnam and Taiwan are
being, or are likely to be, sold in the United States at less than fair
value, within the meaning of section 731 of the Act, and that such
imports are materially injuring, or threatening material injury to, an
industry in the United States.
---------------------------------------------------------------------------
\1\ See ``Petitions for the Imposition of Antidumping Duties on
Steel Wire Garment Hangers from Taiwan and Antidumping and
Countervailing Duties on Steel Wire Garment Hangers from the
Socialist Republic of Vietnam,'' filed on December 29, 2011 (the
``Petitions'').
\2\ A countervailing duty (``CVD'') petition was also filed on
steel wire garment hangers from Vietnam.
---------------------------------------------------------------------------
The Department finds that Petitioners filed the Petitions on behalf
of the domestic industry because Petitioners are interested parties as
defined in section 771(9)(C) of the Act and have demonstrated
sufficient industry support with respect to the antidumping duty
investigations that Petitioners are requesting that the Department
initiate (see ``Determination of Industry Support for the Petitions''
section below).
Period of Investigation
The period of investigation (``POI'') for the investigation
involving Vietnam is April 1, 2011, through September 30, 2011. The POI
for the investigation involving Taiwan is October 1, 2010, through
September 30, 2011.\3\
---------------------------------------------------------------------------
\3\ See 19 CFR 351.204(b)(1).
---------------------------------------------------------------------------
[[Page 3732]]
Scope of Investigations
The product covered by these investigations is steel wire garment
hangers from Vietnam and Taiwan. For a full description of the scope of
the investigations, please see the ``Scope of the Investigations,'' in
Appendix I of this notice.
Comments on Scope of Investigations
During our review of the Petitions, we discussed the scope with
Petitioners to ensure that it is an accurate reflection of the products
for which the domestic industry is seeking relief. Moreover, as
discussed in the preamble to the Department's regulations (Antidumping
Duties; Countervailing Duties; Final Rule, 62 FR 27296, 27323 (May 19,
1997)), we are setting aside a period for interested parties to raise
issues regarding product coverage. The period of scope consultations is
intended to provide the Department with ample opportunity to consider
all comments and to consult with parties prior to the issuance of the
preliminary determinations. The Department encourages all interested
parties to submit such comments by February 7, 2012, twenty calendar
days from the signature date of this notice. All comments must be filed
on the records of Vietnam and Taiwan antidumping duty investigations as
well as Vietnam countervailing duty investigation. Comments should be
filed electronically using Import Administration's Antidumping and
Countervailing Duty Centralized Electronic Service System (IA ACCESS).
An electronically filed document must be received successfully in its
entirety by the Department's electronic records system, IA ACCESS.
Documents excepted from the electronic submission requirements must be
filed manually (i.e., in paper form) with the APO/Dockets Unit in Room
1870 and stamped with the date and time of receipt by the deadline
noted above.
Comments on Product Characteristics for Antidumping Duty Questionnaires
We are requesting comments from interested parties regarding the
appropriate physical characteristics of steel wire garment hangers to
be reported in response to the Department's antidumping questionnaires.
This information will be used to identify the key physical
characteristics of the subject merchandise in order to more accurately
report the relevant factors and costs of production, as well as to
develop appropriate product comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate listing of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as (1) general product
characteristics and (2) the product comparison criteria. We note that
it is not always appropriate to use all product characteristics as
product comparison criteria. We base product comparison criteria on
meaningful commercial differences among products. In other words, while
there may be some physical product characteristics utilized by
manufacturers to describe steel wire garment hangers, it may be that
only a select few product characteristics that take into account
commercially meaningful physical characteristics. In addition,
interested parties may comment on the order in which the physical
characteristics should be used in product matching. Generally, the
Department attempts to list the most important physical characteristics
first and the least important characteristics last.
In order to consider the suggestions of interested parties in
developing and issuing the antidumping duty questionnaires, we must
receive comments by February 7, 2012. Additionally, rebuttal comments
must be received by February 14, 2011. All comments must be filed on
the records of the Vietnam and Taiwan antidumping duty investigations.
All comments and submissions to the Department must be filed
electronically using IA ACCESS, as referenced above.
Determination of Industry Support for the Petitions
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, the Department
shall: (i) Poll the industry or rely on other information in order to
determine if there is support for the petition, as required by
subparagraph (A); or (ii) determine industry support using a
statistically valid sampling method to poll the industry.
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs the Department to look to producers and workers who produce the
domestic like product. The International Trade Commission (``ITC''),
which is responsible for determining whether ``the domestic industry''
has been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both the Department and
the ITC must apply the same statutory definition regarding the domestic
like product (see section 771(10) of the Act), they do so for different
purposes and pursuant to a separate and distinct authority. In
addition, the Department's determination is subject to limitations of
time and information. Although this may result in different definitions
of the like product, such differences do not render the decision of
either agency contrary to law.\4\
---------------------------------------------------------------------------
\4\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp. v. United States, 688 F. Supp. 639,
644 (CIT 1988)).
---------------------------------------------------------------------------
Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, Petitioners do not offer
a definition of domestic like product distinct from the scope of the
investigations. Based on our analysis of the information submitted on
the record, we have determined that steel wire garment hangers
constitute a single domestic like product and we have analyzed industry
support in terms of that domestic like product. For a discussion of the
domestic like product analysis in this case, see ``Antidumping Duty
Investigation Initiation Checklist: Steel Wire Garment Hangers from
Taiwan'' (``Taiwan AD Checklist'') at Attachment II; ``Antidumping Duty
Investigation Initiation Checklist: Steel Wire Garment Hangers from
Vietnam'' (``Vietnam AD Checklist'') at Attachment II, on file
electronically in the Central Records Unit (room 7046 at
[[Page 3733]]
Herbert C Hoover Building) via IA ACCESS.
In determining whether Petitioners have standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of Investigations,'' in Appendix I of this
notice. To establish industry support, Petitioners provided their
production as well as supporters' production of the domestic like
product in 2010, and compared this to the estimated total production of
the domestic like product for the entire domestic industry. To estimate
total 2010 production of the domestic like product, Petitioners used
their own data and industry specific knowledge. We have relied upon
data Petitioners provided for purposes of measuring industry support.
For further discussion, see Taiwan AD Checklist at Attachment II and
Vietnam AD Checklist at Attachment II.
Our review of the information provided in the Petitions,
supplemental submissions, and other information readily available to
the Department indicates that Petitioners have established industry
support. First, the Petitions established support from domestic
producers accounting for more than 50 percent of the total production
of the domestic like product and, as such, the Department is not
required to take further action in order to evaluate industry support
(e.g., polling).\5\ Second, the domestic producers have met the
statutory criteria for industry support under section 732(c)(4)(A)(i)
of the Act because the domestic producers who support the Petitions
account for at least 25 percent of the total production of the domestic
like product.\6\ Finally, the domestic producers have met the statutory
criteria for industry support under section 732(c)(4)(A)(ii) of the Act
because the domestic producers who support the Petitions account for
more than 50 percent of the production of the domestic like product
produced by that portion of the industry expressing support for, or
opposition to, the Petitions.\7\ Accordingly, the Department determines
that the Petitions were filed on behalf of the domestic industry within
the meaning of section 732(b)(1) of the Act.\8\
---------------------------------------------------------------------------
\5\ See section 732(c)(4)(D) of the Act; see also Taiwan AD
Checklist at Attachment II and Vietnam AD Checklist at Attachment
II.
\6\ See Taiwan AD Checklist at Attachment II and Vietnam AD
Checklist at Attachment II.
\7\ See id.
\8\ See id.
---------------------------------------------------------------------------
The Department finds that the Petitioners filed the Petitions on
behalf of the domestic industry because they are interested parties as
defined in section 771(9)(C) of the Act and they have demonstrated
sufficient industry support with respect to the antidumping duty
investigations they are requesting the Department initiate.\9\
---------------------------------------------------------------------------
\9\ See id.
---------------------------------------------------------------------------
Allegations and Evidence of Material Injury and Causation
Petitioners allege that the U.S. industry producing the domestic
like product is being materially injured, or is threatened with
material injury, by reason of the imports of the subject merchandise
sold at less than normal value (``NV''). In addition, Petitioners
allege that subject imports exceed the negligibility threshold provided
for under section 771(24)(A) of the Act.
Petitioners contend that the industry's injured condition is
illustrated by reduced market share, reduced shipments, reduced
capacity, underselling and price depression or suppression, a decline
in financial performance, lost sales and revenue, an increase in import
penetration, and threat of future injury.\10\ We have assessed the
allegations and supporting evidence regarding material injury, threat
of material injury, and causation, and we have determined that these
allegations are properly supported by adequate evidence and meet the
statutory requirements for initiation.\11\
---------------------------------------------------------------------------
\10\ See Taiwan AD Checklist at Attachment III and Vietnam AD
Checklist at Attachment III.
\11\ See id.
---------------------------------------------------------------------------
Allegations of Sales at Less Than Fair Value
The following is a description of the allegations of sales at less
than fair value upon which the Department based its decision to
initiate these investigations of imports of steel wire garment hangers
from Vietnam and Taiwan. The sources of data for the deductions and
adjustments relating to the U.S. price, the factors of production
(``FOPs'') (for Vietnam) and cost of production (``COP'') (for Taiwan)
are also discussed in the country-specific initiation checklists.\12\
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\12\ See Vietnam AD Checklist at 6-9 and Taiwan AD Checklist at
6-8.
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Export Price
Vietnam
For Vietnam, Petitioners calculated export price (``EP'') based on
offers for sale of steel wire garment hangers by certain Vietnamese
exporters/resellers and declarations of lost U.S. sales by U.S.
producers during the POI, as identified in four ``Declarations
Regarding Lost U.S. Sales.'' \13\ Based on the stated sales and
delivery terms, Petitioners deducted adjustments, charges and expenses
associated with exporting and delivering to the U.S. customer, where
appropriate.\14\ Petitioners made no other adjustments.\15\
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\13\ See Vietnam AD Checklist at 6; see also Volume III of the
Petitions at III-5 and Exhibit III-4.
\14\ See Vietnam AD Checklist at 6; see also Volume III of the
Petitions at III-5 and Exhibit III-5, and Supplement to Vietnam
Petition at Attachment III-9
\15\ See Vietnam AD Checklist for additional details.
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Taiwan
For Taiwan, Petitioners based U.S. EP on a declaration of lost U.S.
sales of three major types of steel wire garment hangers by U.S.
producers and the average unit value (``AUV'') for U.S. Harmonized
Tariff Schedule (``USHTS'') 7326.20.0020, described as ``garment wire
hangers of iron or steel,'' during the POI. The lost sales are
supported by affidavits.\16\ Based on the stated sales and delivery
terms, Petitioners deducted from these prices the adjustments, charges,
and expenses associated with exporting and delivering the product to
the U.S. customer, including ocean freight and insurance, U.S. duties
and U.S. inland freight charges, and distributor mark-up, where
appropriate.\17\
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\16\ See Taiwan AD Checklist at 6; see also Volume II of the
Petitions at II-4 and Exhibits II-4.
\17\ See id.
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Normal Value
Vietnam
Petitioners state that the Department has long treated Vietnam as a
non-market economy (``NME'') country and this designation remains in
effect today.\18\ In accordance with section 771(18)(C)(i) of the Act,
the presumption of NME status remains in effect until revoked by the
Department. The presumption of NME status for Vietnam has not been
revoked by the Department and, therefore, remains in effect for
purposes of the initiation of Vietnam investigation. Accordingly, the
NV of the product for Vietnam investigation is appropriately based on
FOPs valued in a surrogate market-
[[Page 3734]]
economy (``ME'') country in accordance with section 773(c) of the Act.
In the course of the Vietnam investigation, all parties, including the
public, will have the opportunity to provide relevant information
related to the issue of Vietnam's NME status and the granting of
separate rates to individual exporters.
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\18\ See Volume III of the Petitions at III-1 through III-3; see
also Circular Welded Carbon-Quality Steel Pipe From India, the
Sultanate of Oman, the United Arab Emirates, and the Socialist
Republic of Vietnam: Initiation of Antidumping Duty Investigations,
76 FR 72164, 72167 (November 22, 2011); see also Certain Frozen
Warmwater Shrimp From the Socialist Republic of Vietnam: Final
Results and Final Partial Rescission of Antidumping Duty
Administrative Review, 76 FR 56158, 56160 (September 12, 2011).
---------------------------------------------------------------------------
Petitioners claim that India is an appropriate surrogate country
under 19 CFR 351.408(a) because it is an ME country that is at a
comparable level of economic development to Vietnam and surrogate
values data from India are available and reliable. Petitioners also
believe that India is a significant producer of comparable merchandise.
Petitioners are not aware of significant production of steel wire
garment hangers among other potential surrogate countries, such as
Bangladesh, the Philippines, Indonesia, Sri Lanka, and Pakistan.\19\
Based on the information provided by Petitioners, we believe that it is
appropriate to use India as a surrogate country for initiation
purposes. After initiation of the investigation, interested parties
will have the opportunity to submit comments regarding surrogate
country selection and, pursuant to 19 CFR 351.301(c)(3)(i), will be
provided an opportunity to submit publicly available information to
value FOPs within 40 days after the date of publication of the
preliminary determination.
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\19\ See Volume III of the Petitions at III-2 through III-3.
---------------------------------------------------------------------------
Petitioners calculated the NV and dumping margins for the U.S.
price, discussed above, using the Department's NME methodology as
required by 19 CFR 351.202(b)(7)(i)(C) and 19 CFR 351.408. Petitioners
calculated NV based on consumption rates experienced by U.S.
producers.\20\ Petitioners assert that, to the best of Petitioners'
knowledge, the consumption rates of the domestic producers are very
similar, if not identical, to the consumption of Vietnamese
producers.\21\
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\20\ See Volume III of the Petitions at III-3 through III-4.
\21\ See Volume III of the Petitions at III-3 through III-4 and
Exhibits III-2 and III-3, and Supplement to Vietnam Petition at
(Supp-III)-4, Attachment III-3, and Attachment III-8.
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Petitioners valued by-products and most FOPs based on reasonably
available, public surrogate country data, specifically, Indian import
statistics from the Global Trade Atlas (``GTA'').\22\ Petitioners
excluded from these import statistics values from countries previously
determined by the Department to be NME countries, and from Indonesia,
the Republic of Korea and Thailand, as the Department has previously
excluded prices from these countries because they maintain broadly
available, non-industry-specific export subsidies. Finally, imports
that were labeled as originating from an ``unspecified'' country were
excluded from the average value, because the Department could not be
certain that they were not from either an NME country or a country with
generally available export subsidies.\23\ For valuing other FOPs,
Petitioners used sources selected by the Department in recent
proceedings involving Vietnam or publically available sources from
India.\24\ In addition, Petitioners made Indian Rupee/U.S. dollar
(``USD'') currency conversions using average exchange rates for the
POI, based on Federal Reserve exchange rates.\25\
---------------------------------------------------------------------------
\22\ See Volume III of the Petitions at III-4 and Exhibit III-2;
see also Supplement to Vietnam Petition at Petition at Attachment
III-5.
\23\ See, e.g., Polyethylene Terephthalate Film, Sheet, and
Strip from the People's Republic of China: Preliminary Determination
of Sales at Less Than Fair Value, 73 FR 24552, 24559 (May 5, 2008),
unchanged in Polyethylene Terephthalate Film, Sheet, and Strip from
the People's Republic of China: Final Determination of Sales at Less
Than Fair Value, 73 FR 55039 (September 24, 2008) (``PET Film'');
see also Volume III of the Petitions at III-4 and Exhibit III-2, and
Supplement to Vietnam Petition at Attachment III-1.
\24\ See Volume III of the Petitions at III-4 and Exhibit III-2;
see also Supplement to Vietnam Petition at Attachment III-1.
\25\ See Volume III of the Petitions at III-4 and Exhibit III-3,
and Supplement to Vietnam Petition at (Supp-III)-2, and Attachment
III-4.
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Petitioners determined labor costs using the labor consumption
rates derived from U.S. producers.\26\ Petitioners valued labor costs
using the calculated wage rate in a recent review involving steel wire
garment hangers from the People's Republic of China.\27\
---------------------------------------------------------------------------
\26\ See Volume III of the Petitions at Exhibit III-3.
\27\ See Steel Wire Garment Hangers From the People's Republic
of China: Preliminary Results and Preliminary Rescission, in Part,
of the Second Antidumping Duty Administrative Review, 76 FR 66903,
66910 (October 28, 2011) (citing Memorandum to the File through
Catherine Bertrand, Program Manager, Office 9, from Bob Palmer, Case
Analyst, Office 9 re: ``Second Administrative Review of Steel Wire
Garment Hangers from the People's Republic of China: Surrogate
Values for the Preliminary Results,'' dated October 24, 2011, at 1,
Exhibit 12, and Exhibit 13); see also, See Supplement to Vietnam
Petition at (Supp-III)-1, and Attachment III-1.
---------------------------------------------------------------------------
Petitioners determined electricity costs using the electricity
consumption rates, in kilowatt hours, derived from one U.S. producer's
experience.\28\ Petitioners valued electricity using the Indian
electricity rate reported by the Central Electric Authority of the
Government of India.\29\
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\28\ See Volume III of the Petitions at Exhibit III-3,
Supplement to Vietnam Petition at Attachment III-8.
\29\ See Supplement to Vietnam Petition at Attachment III-1.
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Petitioners determined water costs using the water consumption
derived from one U.S. producer's experience.\30\ Petitioners valued
water based on publically available information from the Maharashtra
Industrial Development Corporation.\31\
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\30\ See Volume III of the Petitions at Exhibit III-3,
Supplement to Vietnam Petition at Attachment III-8.
\31\ See Supplement to Vietnam Petition at Attachment III-1.
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Petitioners determined natural gas costs using the natural gas
consumption rates derived from one U.S. producer's experience.\32\
Petitioners valued natural gas costs using GTA import statistics.\33\
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\32\ See Volume III of the Petitions at Exhibit III-3,
Supplement to Vietnam Petition at Attachment III-8.
\33\ See Volume III of the Petitions at Exhibit III-2 and
Supplement to Vietnam Petition at Attachment III-6.
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Petitioners based factory overhead, selling, general and
administrative (``SG&A''), and profit on data from Sterling Tools
Limited (``Sterling''), an Indian producer of comparable
merchandise.\34\ Therefore, because Sterling is a producer of
comparable merchandise, the Department finds that Petitioners' use of
Sterling's financial ratios appropriate.\35\
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\34\ See Volume III of the Petition at III-4 through III-5,
Exhibit III-2, and Supplement to Vietnam Petition at Attachment III-
2.
\35\ See 19 CFR 351.408(4).
---------------------------------------------------------------------------
Petitioners determined packing material costs using the consumption
rates derived from U.S. producers' experience.\36\ Petitioners valued
packing materials using GTA India import statistics.\37\
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\36\ See Volume III of the Petition, at Exhibit III-1,
Supplement to Vietnam Petition at Attachment III-8.
\37\ See Volume III of the Petitions at Exhibit III-2.
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Thus, the Department determines that the surrogate values used by
Petitioners are reasonably available and, thus, acceptable for purposes
of initiation.
Taiwan
NV Based on Constructed Value (``CV'')
Petitioners used CV to estimate NV because home market or third
country pricing was not reasonably available.\38\ When such information
is unavailable the Department may use CV to estimate NV. In accordance
with section 773(e)(1) of the Act, Petitioners based constructed value
on actual consumption of direct materials, direct
[[Page 3735]]
labor, energy, overhead, and general expenses, plus amounts for profit
and packing, for several major types of steel wire garment hangers.\39\
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\38\ Petitioners documented its attempts to obtain such
information. See Volume II of the Petition at II-2.
\39\ See Taiwan AD Checklist at 7-8; see also Volume II of the
Petition at II-2 though 4 and Exhibit II-1.
---------------------------------------------------------------------------
Petitioners assert that, according to the best available
information, Taiwanese producers of hangers utilize similar production
methods as U.S. producers to produce subject merchandise. As a result,
Petitioners used the actual consumption rates of M&B Metal Products
Inc., one of the Petitioners, to provide a reasonable basis from which
to estimate the costs for the Taiwanese producers of hangers. No
adjustments were made between Petitioners' production process and the
process employed by Taiwanese producers because the production of steel
wire garment hangers for both is very similar.\40\ Petitioners
calculated raw materials, labor, energy, and packing based on its own
production experience using publically available data.\41\ Petitioners
provided financial statements from China Steel Corporation, a Taiwanese
manufacturer of steel products, for the calculation of factory
overhead, SG&A and profit.\42\
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\40\ See Taiwan AD Checklist at 7; see also Volume II of the
Petition at II-3 and Exhibit II-1.
\41\ See Taiwan AD Checklist at 7-8; see also Volume II of the
Petition at II-3 and Exhibit II-2 and Volume II Supplemental at
Attachments II-2, II-3, and II-4.
\42\ See Taiwan AD Checklist at 8; see also Volume II of the
Petition at II-3 through 4 and Exhibit II-2 and Volume II
Supplemental at Attachments II-7 and Attachments II-8.
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Fair Value Comparisons
Based on the data provided by Petitioners, there is reason to
believe that imports of steel wire garment hangers from Vietnam and
Taiwan are being, or are likely to be, sold in the United States at
less than fair value. Based on a comparison of EPs and NV calculated,
in accordance with section 773(c) of the Act, the estimated dumping
margins for steel wire garment hangers from Vietnam range from 117.48
percent to 220.68 percent.\43\ Based on a comparison of EPs and CV
calculated in accordance with section 773(a)(4) of the Act, the
estimated dumping margins for steel wire garment hangers from Taiwan
range from 18.90 percent to 125.43 percent.\44\
---------------------------------------------------------------------------
\43\ See Vietnam AD Checklist at 9 and Appendix V.
\44\ See Taiwan AD Checklist at 9 and Attachment V; see also
Volume II of Petitions, at II-5, and Exhibit II-4, and Volume II
Supplemental at (Supp II)-6, and Attachment II-10.
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Initiation of Antidumping Investigations
Based upon the examination of the Petitions on steel wire garment
hangers from Vietnam and Taiwan, the Department finds that the
Petitions meet the requirements of section 732 of the Act. Therefore,
we are initiating antidumping duty investigations to determine whether
imports of steel wire garment hangers from Vietnam and Taiwan are
being, or are likely to be, sold in the United States at less than fair
value. In accordance with section 733(b)(1)(A) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determinations no later than 140 days after the date of these
initiations.
Targeted Dumping Allegations
On December 10, 2008, the Department issued an interim final rule
for the purpose of withdrawing 19 CFR 351.414(f) and (g), the
regulatory provisions governing the targeted dumping analysis in
antidumping duty investigations, and the corresponding regulation
governing the deadline for targeted dumping allegations, 19 CFR
351.301(d)(5).\45\ The Department stated that ``{w{time} ithdrawal will
allow the Department to exercise the discretion intended by the statute
and, thereby, develop a practice that will allow interested parties to
pursue all statutory avenues of relief in this area.'' \46\
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\45\ See Withdrawal of the Regulatory Provisions Governing
Targeted Dumping in Antidumping Duty Investigations, 73 FR 74930
(December 10, 2008).
\46\ See id., at 74931.
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In order to accomplish this objective, if any interested party
wishes to make a targeted dumping allegation in either of these
investigations pursuant to section 777A(d)(1)(B) of the Act, such
allegations are due no later than 45 days before the scheduled date of
the country-specific preliminary determination.
Respondent Selection and Quantity and Value Questionnaire
Vietnam
The Department will request quantity and value information from all
known exporters and producers identified in the Petitions.\47\ The
quantity and value data received from Vietnamese exporters/producers
will be used as the basis to select the mandatory respondents. The
Department requires that the respondents submit a response to both the
quantity and value questionnaire and the separate-rate application by
the respective deadlines in order to receive consideration for
separate-rate status.\48\
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\47\ See Volume I of Petitions, at Exhibit I-8.
\48\ See Circular Welded Austenitic Stainless Pressure Pipe from
the People's Republic of China: Initiation of Antidumping Duty
Investigation, 73 FR 10221, 10225 (February 26, 2008); Initiation of
Antidumping Duty Investigation: Certain Artist Canvas From the
People's Republic of China, 70 FR 21996, 21999 (April 28, 2005).
---------------------------------------------------------------------------
In addition, the Department will post the quantity and value
questionnaire along with the filing instructions on the Import
Administration Web site (https://ia.ita.doc.gov/ia-highlights-and-news.html). Exporters and producers of steel wire garment hangers that
do not receive quantity and value questionnaires but intend to submit a
response can obtain a copy from the Import Administration Web site. The
quantity and value questionnaire must be submitted by all Vietnamese
exporters/producers no later than February 8, 2012, 21 days after the
signature date of this Federal Register notice.
Taiwan
Following standard practice in AD investigations involving ME
countries, the Department intends to select respondents based on U.S.
Customs and Border Protection (``CBP'') data for U.S. imports under the
HTSUS numbers 7326.20.0020 and 7323.99.908. We intend to release the
CBP data under Administrative Protective Order (``APO'') to all parties
with access to information protected by APO within five days of
publication of this Federal Register notice and make our decision
regarding respondent selection within 20 days of publication of this
notice. The Department invites comments regarding the CBP data and
respondent selection within seven days of publication of this Federal
Register notice.
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Instructions for filing such
applications may be found on the Department's Web site at https://ia.ita.doc.gov/apo.
Separate Rates in the Vietnam Investigation
In order to obtain separate-rate status in NME investigations,
exporters and producers must submit a separate-rate status
application.\49\ Based on our experience in processing the separate-
[[Page 3736]]
rate applications in previous antidumping duty investigations, we have
modified the application for this investigation to make it more
administrable and easier for applicants to complete.\50\ The specific
requirements for submitting the separate-rate application in this
investigation are outlined in detail in the application itself, which
will be available on the Department's Web site at https://ia.ita.doc.gov/ia-highlights-and-news.html on the date of publication
of this initiation notice in the Federal Register. The separate-rate
application will be due 60 days after publication of this initiation
notice. For exporters and producers who submit a separate-rate status
application and subsequently are selected as mandatory respondents,
these exporters and producers will no longer be eligible for
consideration for separate rate status unless they respond to all parts
of the questionnaire as mandatory respondents. As noted in the
``Respondent Selection'' section above, the Department requires that
Vietnam respondents submit a response to both the quantity and value
questionnaire and the separate-rate application by the respective
deadlines in order to receive consideration for separate-rate status.
The quantity and value questionnaire will be available on the
Department's Web site at https://ia.ita.doc.gov/ia-highlights-and-news.html on the date of the publication of this initiation notice in
the Federal Register.
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\49\ See Policy Bulletin 05.1: Separate-Rates Practice and
Application of Combination Rates in Antidumping Investigations
involving Non-Market Economy Countries (April 5, 2005) (``Separate
Rates and Combination Rates Bulletin''), available on the
Department's Web site at https://ia.ita.doc.gov/policy/bull05-1.pdf.
\50\ See, e.g., Initiation of Antidumping Duty Investigation:
Certain New Pneumatic Off-the-Road Tires From the People's Republic
of China, 72 FR 43591, 43594-95 (August 6, 2007).
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Use of Combination Rates in the Vietnam Investigation
The Department will calculate combination rates for certain
respondents that are eligible for a separate rate in this
investigation. The Separate Rates and Combination Rates Bulletin
states:
{w{time} hile continuing the practice of assigning separate
rates only to exporters, all separate rates that the Department will
now assign in its NME investigations will be specific to those
producers that supplied the exporter during the period of
investigation. Note, however, that one rate is calculated for the
exporter and all of the producers which supplied subject merchandise
to it during the period of investigation. This practice applies both
to mandatory respondents receiving an individually calculated
separate rate as well as the pool of non-investigated firms
receiving the weighted-average of the individually calculated rates.
This practice is referred to as the application of ``combination
rates'' because such rates apply to specific combinations of
exporters and one or more producers. The cash-deposit rate assigned
to an exporter will apply only to merchandise both exported by the
firm in question and produced by a firm that supplied the exporter
during the period of investigation.\51\
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\51\ See Separate Rates and Combination Rates Bulletin, at 6
(emphasis added).
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Distribution of Copies of the Petitions
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public versions of the Petitions have been
provided to the representatives of the Governments of Vietnam and
Taiwan. Because of the large number of producers/exporters identified
in the Petitions, the Department considers the service of the public
version of the Petitions to the foreign producers/exporters satisfied
by the delivery of the public versions of the Petitions to the
Governments of Vietnam and Taiwan, consistent with 19 CFR
351.203(c)(2).
ITC Notification
We have notified the ITC of our initiations, as required by section
732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, no later than February 12,
2012, whether there is a reasonable indication that imports of steel
wire garment hangers from Vietnam and Taiwan are materially injuring,
or threatening material injury to a U.S. industry. A negative ITC
determination with respect to any country will result in the
investigation being terminated for that country; otherwise, these
investigations will proceed according to statutory and regulatory time
limits.
Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). On January 22, 2008, the
Department published Antidumping and Countervailing Duty Proceedings:
Documents Submission Procedures; APO Procedures, 73 FR 3634 (January
22, 2008). Parties wishing to participate in these investigations
should ensure that they meet the requirements of these procedures
(e.g., the filing of letters of appearance as discussed at 19 CFR
351.103(d)).
Any party submitting factual information in an AD/CVD proceeding
must certify to the accuracy and completeness of that information.\52\
Parties are hereby reminded that revised certification requirements are
in effect for company/government officials as well as their
representatives in all segments of any AD/CVD proceeding initiated on
or after March 14, 2011.\53\ The formats for the revised certifications
are provided at the end of the Interim Final Rule and the Supplemental
Interim Final Rule. The Department intends to reject factual
submissions in any proceeding segments initiated on or after March 14,
2011, if the submitting party does not comply with the revised
certification requirements.
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\52\ See section 782(b) of the Act.
\53\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings: Interim Final Rule, 76 FR 7491 (February 10, 2011)
(``Interim Final Rule'') (amending 19 CFR 351.303(g)(1) & (2)), as
supplemented by Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings: Supplemental Interim Final Rule, 76 FR 54697 (September
2, 2011) (``Supplemental Interim Final Rule'').
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This notice is issued and published pursuant to section 777(i) of
the Act.
Dated: January 18, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I--Scope of the Investigations
The merchandise subject to these investigations 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 these investigations are
(a) wooden, plastic, and other garment hangers that are not made of
steel wire; (b) steel wire garment hangers with swivel hooks; (c)
steel wire garment hangers with clips permanently affixed; and (d)
chrome plated steel wire garment hangers with a diameter of 3.4 mm
or greater.
The products subject to these investigations are currently
classified under U.S. Harmonized Tariff Schedule (``USHTS'')
subheadings 7326.20.0020 and 7323.99.9080. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the merchandise is dispositive.
[FR Doc. 2012-1558 Filed 1-24-12; 8:45 am]
BILLING CODE 3510-DS-P
