Steel Wire Garment Hangers From the People's Republic of China: Final Results and Final Partial Rescission of Second Antidumping Duty Administrative Review, 12553-12555 [2012-4875]
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Thursday, March 1, 2012
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Steel Wire Garment Hangers From the
People’s Republic of China: Final
Results and Final Partial Rescission of
Second Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce
SUMMARY: On October 28, 2011, the
Department of Commerce
(‘‘Department’’) published in the
Federal Register the preliminary results
of the second administrative review of
the antidumping duty order 1 on steel
wire garment hangers from the People’s
Republic of China (‘‘PRC’’).2 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’’),
October 1, 2009, through September 30,
2010.
DATES: Effective Date: March 1, 2012.
FOR FURTHER INFORMATION CONTACT: Bob
Palmer, AD/CVD Operations, Office 9,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
AGENCY:
1 See Notice of Antidumping Duty Order: Steel
Wire Garment Hangers From the People’s Republic
of China, 73 FR 58111 (October 6, 2008).
2 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 (October 28, 2011) (‘‘Preliminary Results’’).
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Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Notices
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–9068.
SUPPLEMENTARY INFORMATION:
Background
On October 28, 2011, the Department
published in the Federal Register the
Preliminary Results of this
administrative review. On November 17,
2011, Fabriclean Supply Inc.
(‘‘Fabriclean’’), a U.S. importer,
submitted additional surrogate value
(‘‘SV’’) information.
On November 28, 2011, Petitioner,3
Shanghai Wells Hanger Co., Ltd.4
(‘‘Shanghai Wells’’), and Fabriclean
filed case briefs. On December 5, 2011,
Petitioner filed a rebuttal brief. The
Department did not hold a public
hearing pursuant to 19 CFR 351.310(d),
as no interested party requested one.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this review
are addressed in the ‘‘Steel Wire
Garment Hangers from the People’s
Republic of China: Issues and Decision
Memorandum for the Final Results of
the Second Antidumping Duty
Administrative Review,’’ which is dated
concurrently with this notice (‘‘Decision
Memo’’). 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 electronically via Import
Administration’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘IA
ACCESS’’). Access to IA ACCESS is
available in the Central Records Unit
(‘‘CRU’’), Main Commerce Building,
Room 7046. In addition, a complete
version of the Decision Memo can be
accessed directly on the Internet at
https://www.trade.gov/ia. The paper
copy and electronic versions of the
Decision Memo are identical in content.
3 M&B
Metal Products Co., Inc. (‘‘Petitioner’’).
the first administrative review, the
Department found that Shanghai Wells, Hong Kong
Wells Limited (‘‘HK Wells’’) and Hong Kong Wells
Limited (USA) (‘‘USA Wells’’) (collectively, ‘‘Wells
Group’’) are affiliated and that Shanghai Wells and
HK Wells comprise a single entity. Because there
were no changes from the previous review, we
continue to find Shanghai Wells, HK Wells, and
USA Wells are affiliated and that Shanghai Wells
and HK Wells comprise a single entity. See Steel
Wire Garment Hangers From the People’s Republic
of China: Preliminary Results and Preliminary
Rescission, in Part, of the First Antidumping Duty
Administrative Review, 75 FR 68758, 68761
(November 9, 2010), unchanged in First
Administrative Review of Steel Wire Garment
Hangers From the People’s Republic of China: Final
Results and Final Partial Rescission of
Antidumping Duty Administrative Review, 76 FR
27994, 27996 (May 13, 2011) (‘‘AR 1 Hangers’’).
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Final Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(3), the
Department preliminarily rescinded the
review, in part, with respect to Ningbo
Dasheng Hanger Ind. Co., Ltd.; Shangyu
Baoxiang Metal Manufactured Co., Ltd.;
Shaoxing Andrew Metal Manufactured;
Shaoxing Shunji Metal Clotheshorse
Co., Ltd.; Shaoxing Gangyuan Metal
Manufacture; Shaoxing Tongzhou Metal
Manufactured Co., Ltd.; Shaoxing
Zhongbao Metal Manufactured Co.,
Ltd.; 5 and Zhejiang Lucky Cloud
Hanger Co., Ltd.6 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 eight above-named
companies, in accordance with 19 CFR
351.213(d)(3).
Changes Since the Preliminary Results
Based on comments received from
parties regarding our Preliminary
Results, we have made changes to the
surrogate financial ratio calculations,
the labor surrogate value (‘‘SV’’), and
the dumping margin calculation for
Shanghai Wells in the final results.7 We
have also corrected an error contained
in the Preliminary Results as alleged by
Shanghai Wells.8
Scope of the Order
The merchandise 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
5 See
Decision Memo at Comment 2.
Preliminary Results, 76 FR at 66904.
7 See Decision Memo at Comments 4 and 5; see
also 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 Final Results,’’ dated
concurrently with this notice.
8 See Decision Memo at Comments 6; see also
Memorandum to the File, through Catherine
Bertrand, Program Manager, Office 9, from Bob
Palmer, Case Analyst, Office 9 re: ‘‘Program
Analysis for the Final Results of Antidumping Duty
Administrative Review of Steel Wire Garment
Hangers from the People’s Republic of China:
Shanghai Wells Hanger Co., Ltd.,’’ dated
concurrently with this notice.
6 See
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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 non-market
economy (‘‘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.9 In our Preliminary Results,
we determined that Shanghai Wells met
the criteria for separate rate status.10 We
did not receive any information after the
issuance of the Preliminary Results that
provides a basis for the reconsideration
of our preliminary separate rate
determination. Therefore, the
Department continues to find that
Shanghai Wells meets the criteria for a
separate rate.
Additionally, as stated in the
Preliminary Results, because Jiaxing
Boyi Medical Device Co. (‘‘Jiaxing
Boyi’’); Pu Jiang County Command
Metal Products Co., Ltd. (‘‘Command
Metal Products’’); Shaoxing Guochao
Metal Products Co., Ltd. (‘‘Guochao
Metal Products’’); Shaoxing Liangbao
Metal Manufactured Co., Ltd.
(‘‘Shaoxing Liangbao’’); Shaoxing
Meideli Metal Hanger Co., Ltd.
(‘‘Meideli’’); and Yiwu Ao-Si Metal
Products Co., Ltd. (‘‘Yiwu’’) did not
participate in this administrative
review, we preliminarily assigned to
Jiaxing Boyi, Command Metal Products,
Guochao Metal Products, Shaoxing
Liangbao, Meideli, and Yiwu total
adverse facts available.11 We further
stated that, because of their termination
of participation from this proceeding,
we did not grant these six companies a
separate rate and considered them part
of the PRC-wide entity.12 Because we
9 See 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).
10 See Preliminary Results, 76 FR at 66906.
11 See Preliminary Results, 76 FR at 66906–08.
12 Id.
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Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Notices
have not received any information after
the Preliminary Results that provides a
basis for a reconsideration of that
finding, we continue to find that these
six companies are not eligible for a
separate rate for these final results and
are part of and subject to the PRC-wide
entity rate.13
PRC–Wide Rate and PRC-Wide Entity
In the Preliminary Results, the
Department used the highest rate
assigned in any segment of this
proceeding (i.e., 187.25 percent) as the
PRC-wide rate for the current review.14
In the Preliminary Results, for purposes
of corroboration, the Department found
that margin is both reliable and
relevant.15 No information has been
presented in the current review that
calls into question the reliability of this
information and we find it appropriate
to continue to apply the PRC-wide rate
of 187.25 percent for the final results.16
Final Results of Review
The final weighted-average dumping
margins for the POR are as follows:
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Exporter
Weightedaverage
margin (%)
total dumping margins for reviewed
sales to that party by the total entered
values associated with those
transactions. For duty-assessment rates
calculated on this basis, we will direct
CBP to assess the resulting ad valorem
rate against the entered customs values
for the subject merchandise. Where
appropriate, we calculated a per-unit
rate for each importer (or customer) by
dividing the total dumping margins for
reviewed sales to that party by the total
sales quantity associated with those
transactions. For duty-assessment rates
calculated on this basis, we will direct
CBP to assess the resulting per-unit rate
against the entered quantity of the
subject merchandise. Where an importer
(or customer)-specific assessment rate is
de minimis (i.e., less than 0.50 percent),
the Department will instruct CBP to
assess that importer’s (or customer’s)
entries of subject merchandise without
regard to antidumping duties, in
accordance with 19 CFR 351.106(c)(2).
The Department intends to issue
assessment instructions to CBP 15 days
after the date of publication of these
final results of review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
Shanghai Wells Hanger Co.,
Ltd. and/or Hong Kong Wells
publication of the final results of this
Limited 17 ...............................
0.72 administrative review for all shipments
18 ..................
PRC–Wide Entity
187.25 of the subject merchandise from the PRC
entered, or withdrawn from warehouse,
Assessment
for consumption on or after the
publication date, as provided for by
Pursuant to 19CFR 351.212(b)(1), the
section 751(a)(2)(C) of the Tariff Act of
Department will determine, and U.S.
Customs and Border Protection (‘‘CBP’’) 1930, as amended (‘‘the Act’’): (1) For
the exporters listed above, the cash
shall assess, antidumping duties on all
deposit rate will be established by the
appropriate entries of subject
final results of this review; (2) for
merchandise in accordance with the
previously investigated or reviewed PRC
final results of this review. For
and non-PRC exporters not listed above
assessment purpose, we calculated
that have separate rates, the cash
importer (or customer)-specific
deposit rate will continue to be the
assessment rates for merchandise
exporter-specific rate published for the
subject to this review. See 19 CFR
most recent period; (3) for all PRC
351.212(b)(1). Where appropriate, we
exporters of subject merchandise which
calculated an ad valorem rate for each
have not been found to be entitled to a
importer (or customer) by dividing the
separate rate, the cash deposit rate will
13 See Decision Memo at 3.
be the PRC-wide rate established in the
14 See Preliminary Results, 76 FR at 66907, 66908;
final results of this review (i.e., 187.25
accord AR 1 Hangers, 76 FR at 27997.
percent); and (4) for all non-PRC
15 See Preliminary Results, 76 FR at 66307, 66308.
exporters of subject merchandise which
16 See, e.g., Certain Frozen Warmwater Shrimp
from the People’s Republic of China: Notice of Final have not received their own rate, the
cash deposit rate will be the rate
Results and Rescission, In Part, of 2004/2006
Antidumping Duty Administrative and New
applicable to the PRC exporters that
Shipper Reviews, 72 FR 52049, 52051 (September
supplied that non-PRC exporter. These
12, 2007).
deposit requirements, when imposed,
17 As stated above, Shanghai Wells and HK Wells
shall remain in effect until further
comprise a single entity. See AR 1 Hangers, 76 FR
at 27997 n.10.
notice.
18 The PRC-wide entity includes Jiaxing Boyi
Medical Device Co.; Shaoxing Liangbao Metal
Manufactured Co., Ltd.; Pu Jiang County Command
Metal Products Co., Ltd.; Shaoxing Guochao Metal
Products Co., Ltd.; Yiwu Ao-Si Metal Products Co.,
Ltd.; and Shaoxing Meideli Metal Hanger Co., Ltd.
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Disclosure
We will disclose the calculations
performed within five days of the date
of publication of this notice to parties in
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12555
this proceeding in accordance with 19
CFR 351.224(b).
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 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
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.
Dated: February 23, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix I—Decision Memorandum
General Issues
Comment 1: Zeroing
Comment 2: Whether to Rescind the
Review with Respect to Zhongbao
Comment 3: Adverse Facts Available for
Non-Responsive Companies
Surrogate Values
Comment 4: Selection of Surrogate
Financial Statements
Comment 5: Proper Inflator for Labor
Surrogate Value
Company-Specific Issue
Comment 6: Correct Importer Name
[FR Doc. 2012–4875 Filed 2–29–12; 8:45 a.m.]
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Agencies
[Federal Register Volume 77, Number 41 (Thursday, March 1, 2012)]
[Notices]
[Pages 12553-12555]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4875]
=======================================================================
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-918]
Steel Wire Garment Hangers From the People's Republic of China:
Final Results and Final Partial Rescission of Second Antidumping Duty
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce
SUMMARY: On October 28, 2011, the Department of Commerce
(``Department'') published in the Federal Register the preliminary
results of the second administrative review of the antidumping duty
order \1\ on steel wire garment hangers from the People's Republic of
China (``PRC'').\2\ 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''), October 1, 2009, through
September 30, 2010.
---------------------------------------------------------------------------
\1\ See Notice of Antidumping Duty Order: Steel Wire Garment
Hangers From the People's Republic of China, 73 FR 58111 (October 6,
2008).
\2\ 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
(October 28, 2011) (``Preliminary Results'').
---------------------------------------------------------------------------
DATES: Effective Date: March 1, 2012.
FOR FURTHER INFORMATION CONTACT: Bob Palmer, AD/CVD Operations, Office
9, Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and
[[Page 12554]]
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
9068.
SUPPLEMENTARY INFORMATION:
Background
On October 28, 2011, the Department published in the Federal
Register the Preliminary Results of this administrative review. On
November 17, 2011, Fabriclean Supply Inc. (``Fabriclean''), a U.S.
importer, submitted additional surrogate value (``SV'') information.
On November 28, 2011, Petitioner,\3\ Shanghai Wells Hanger Co.,
Ltd.\4\ (``Shanghai Wells''), and Fabriclean filed case briefs. On
December 5, 2011, Petitioner filed a rebuttal brief. The Department did
not hold a public hearing pursuant to 19 CFR 351.310(d), as no
interested party requested one.
---------------------------------------------------------------------------
\3\ M&B Metal Products Co., Inc. (``Petitioner'').
\4\ In the first administrative review, the Department found
that Shanghai Wells, Hong Kong Wells Limited (``HK Wells'') and Hong
Kong Wells Limited (USA) (``USA Wells'') (collectively, ``Wells
Group'') are affiliated and that Shanghai Wells and HK Wells
comprise a single entity. Because there were no changes from the
previous review, we continue to find Shanghai Wells, HK Wells, and
USA Wells are affiliated and that Shanghai Wells and HK Wells
comprise a single entity. See Steel Wire Garment Hangers From the
People's Republic of China: Preliminary Results and Preliminary
Rescission, in Part, of the First Antidumping Duty Administrative
Review, 75 FR 68758, 68761 (November 9, 2010), unchanged in First
Administrative Review of Steel Wire Garment Hangers From the
People's Republic of China: Final Results and Final Partial
Rescission of Antidumping Duty Administrative Review, 76 FR 27994,
27996 (May 13, 2011) (``AR 1 Hangers'').
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this review are addressed in the ``Steel Wire Garment Hangers from the
People's Republic of China: Issues and Decision Memorandum for the
Final Results of the Second Antidumping Duty Administrative Review,''
which is dated concurrently with this notice (``Decision Memo''). 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 electronically via Import
Administration's Antidumping and Countervailing Duty Centralized
Electronic Service System (``IA ACCESS''). Access to IA ACCESS is
available in the Central Records Unit (``CRU''), Main Commerce
Building, Room 7046. In addition, a complete version of the Decision
Memo can be accessed directly on the Internet at https://www.trade.gov/ia. The paper copy and electronic versions of the Decision Memo 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 Ningbo Dasheng Hanger
Ind. Co., Ltd.; Shangyu Baoxiang Metal Manufactured Co., Ltd.; Shaoxing
Andrew Metal Manufactured; Shaoxing Shunji Metal Clotheshorse Co.,
Ltd.; Shaoxing Gangyuan Metal Manufacture; Shaoxing Tongzhou Metal
Manufactured Co., Ltd.; Shaoxing Zhongbao Metal Manufactured Co., Ltd.;
\5\ and Zhejiang Lucky Cloud Hanger Co., Ltd.\6\ 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 eight above-named companies, in accordance with 19 CFR
351.213(d)(3).
---------------------------------------------------------------------------
\5\ See Decision Memo at Comment 2.
\6\ See Preliminary Results, 76 FR at 66904.
---------------------------------------------------------------------------
Changes Since the Preliminary Results
Based on comments received from parties regarding our Preliminary
Results, we have made changes to the surrogate financial ratio
calculations, the labor surrogate value (``SV''), and the dumping
margin calculation for Shanghai Wells in the final results.\7\ We have
also corrected an error contained in the Preliminary Results as alleged
by Shanghai Wells.\8\
---------------------------------------------------------------------------
\7\ See Decision Memo at Comments 4 and 5; see also 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 Final Results,'' dated concurrently
with this notice.
\8\ See Decision Memo at Comments 6; see also Memorandum to the
File, through Catherine Bertrand, Program Manager, Office 9, from
Bob Palmer, Case Analyst, Office 9 re: ``Program Analysis for the
Final Results of Antidumping Duty Administrative Review of Steel
Wire Garment Hangers from the People's Republic of China: Shanghai
Wells Hanger Co., Ltd.,'' dated concurrently with this notice.
---------------------------------------------------------------------------
Scope of the Order
The merchandise 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 non-market economy (``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.\9\ In our
Preliminary Results, we determined that Shanghai Wells met the criteria
for separate rate status.\10\ We did not receive any information after
the issuance of the Preliminary Results that provides a basis for the
reconsideration of our preliminary separate rate determination.
Therefore, the Department continues to find that Shanghai Wells meets
the criteria for a separate rate.
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\9\ See 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).
\10\ See Preliminary Results, 76 FR at 66906.
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Additionally, as stated in the Preliminary Results, because Jiaxing
Boyi Medical Device Co. (``Jiaxing Boyi''); Pu Jiang County Command
Metal Products Co., Ltd. (``Command Metal Products''); Shaoxing Guochao
Metal Products Co., Ltd. (``Guochao Metal Products''); Shaoxing
Liangbao Metal Manufactured Co., Ltd. (``Shaoxing Liangbao''); Shaoxing
Meideli Metal Hanger Co., Ltd. (``Meideli''); and Yiwu Ao-Si Metal
Products Co., Ltd. (``Yiwu'') did not participate in this
administrative review, we preliminarily assigned to Jiaxing Boyi,
Command Metal Products, Guochao Metal Products, Shaoxing Liangbao,
Meideli, and Yiwu total adverse facts available.\11\ We further stated
that, because of their termination of participation from this
proceeding, we did not grant these six companies a separate rate and
considered them part of the PRC-wide entity.\12\ Because we
[[Page 12555]]
have not received any information after the Preliminary Results that
provides a basis for a reconsideration of that finding, we continue to
find that these six companies are not eligible for a separate rate for
these final results and are part of and subject to the PRC-wide entity
rate.\13\
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\11\ See Preliminary Results, 76 FR at 66906-08.
\12\ Id.
\13\ See Decision Memo at 3.
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PRC-Wide Rate and PRC-Wide Entity
In the Preliminary Results, the Department used the highest rate
assigned in any segment of this proceeding (i.e., 187.25 percent) as
the PRC-wide rate for the current review.\14\ In the Preliminary
Results, for purposes of corroboration, the Department found that
margin is both reliable and relevant.\15\ No information has been
presented in the current review that calls into question the
reliability of this information and we find it appropriate to continue
to apply the PRC-wide rate of 187.25 percent for the final results.\16\
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\14\ See Preliminary Results, 76 FR at 66907, 66908; accord AR 1
Hangers, 76 FR at 27997.
\15\ See Preliminary Results, 76 FR at 66307, 66308.
\16\ See, e.g., Certain Frozen Warmwater Shrimp from the
People's Republic of China: Notice of Final Results and Rescission,
In Part, of 2004/2006 Antidumping Duty Administrative and New
Shipper Reviews, 72 FR 52049, 52051 (September 12, 2007).
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Final Results of Review
The final weighted-average dumping margins for the POR are as
follows:
------------------------------------------------------------------------
Weighted-
Exporter average
margin (%)
------------------------------------------------------------------------
Shanghai Wells Hanger Co., Ltd. and/or Hong Kong Wells 0.72
Limited \17\..............................................
PRC-Wide Entity \18\....................................... 187.25
------------------------------------------------------------------------
Assessment
Pursuant to 19 CFR 351.212(b)(1), the Department will determine,
and U.S. Customs and Border Protection (``CBP'') shall assess,
antidumping duties on all appropriate entries of subject merchandise in
accordance with the final results of this review. For assessment
purpose, we calculated importer (or customer)-specific assessment rates
for merchandise subject to this review. See 19 CFR 351.212(b)(1). Where
appropriate, we calculated an ad valorem rate for each importer (or
customer) by dividing the total dumping margins for reviewed sales to
that party by the total entered values associated with those
transactions. For duty-assessment rates calculated on this basis, we
will direct CBP to assess the resulting ad valorem rate against the
entered customs values for the subject merchandise. Where appropriate,
we calculated a per-unit rate for each importer (or customer) by
dividing the total dumping margins for reviewed sales to that party by
the total sales quantity associated with those transactions. For duty-
assessment rates calculated on this basis, we will direct CBP to assess
the resulting per-unit rate against the entered quantity of the subject
merchandise. Where an importer (or customer)-specific assessment rate
is de minimis (i.e., less than 0.50 percent), the Department will
instruct CBP to assess that importer's (or customer's) entries of
subject merchandise without regard to antidumping duties, in accordance
with 19 CFR 351.106(c)(2). The Department intends to issue assessment
instructions to CBP 15 days after the date of publication of these
final results of review.
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\17\ As stated above, Shanghai Wells and HK Wells comprise a
single entity. See AR 1 Hangers, 76 FR at 27997 n.10.
\18\ The PRC-wide entity includes Jiaxing Boyi Medical Device
Co.; Shaoxing Liangbao Metal Manufactured Co., Ltd.; Pu Jiang County
Command Metal Products Co., Ltd.; Shaoxing Guochao Metal Products
Co., Ltd.; Yiwu Ao-Si Metal Products Co., Ltd.; and Shaoxing Meideli
Metal Hanger Co., Ltd.
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Tariff Act of 1930, as
amended (``the Act''): (1) For the exporters listed above, the cash
deposit rate will be established by the final results of this review;
(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 established in the final results of this
review (i.e., 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.
Disclosure
We will disclose the calculations performed within five days of the
date of publication of this notice to parties in this proceeding in
accordance with 19 CFR 351.224(b).
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 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 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.
Dated: February 23, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I--Decision Memorandum
General Issues
Comment 1: Zeroing
Comment 2: Whether to Rescind the Review with Respect to Zhongbao
Comment 3: Adverse Facts Available for Non-Responsive Companies
Surrogate Values
Comment 4: Selection of Surrogate Financial Statements
Comment 5: Proper Inflator for Labor Surrogate Value
Company-Specific Issue
Comment 6: Correct Importer Name
[FR Doc. 2012-4875 Filed 2-29-12; 8:45 a.m.]
BILLING CODE 3510-DS-P