Steel Wire Garment Hangers From Taiwan: Preliminary Determination of Sales at Less Than Fair Value, 46055-46058 [2012-18900]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 77, Number 149 (Thursday, August 2, 2012)]
[Notices]
[Pages 46055-46058]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18900]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-849]


Steel Wire Garment Hangers From Taiwan: Preliminary Determination 
of Sales at Less Than Fair Value

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (the ``Department'') 
preliminarily determines that steel wire garment hangers (``hangers'') 
from Taiwan are being, or are likely to be, sold in the United States 
at less than fair value (``LTFV''), as provided in section 733(b) of 
the Tariff Act of 1930, as amended (the ``Act''). The estimated margins 
of sales at LTFV are listed in the ``Preliminary Determination'' 
section of this notice. Interested parties are invited to comment on 
this preliminary determination.

DATES: Effective Date: August 2, 2012

FOR FURTHER INFORMATION CONTACT: Scot Fullerton at (202) 482-1386, 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:

Background

    On December 29, 2011, the Department received an antidumping duty 
(``AD'') petition concerning imports of steel wire garment hangers from 
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, the ``Petitioners'').\1\ On January 25, 2012, the 
Department initiated an AD investigation on hangers from Taiwan.\2\
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    \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 
``Petition'').
    \2\ See Steel Wire Garment Hangers from the Socialist Republic 
of Vietnam and Taiwan: Initiation of Antidumping Duty 
Investigations, 77 FR 3731 (January 25, 2012) (``Initiation 
Notice'').
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    The Department set aside a period of time for parties to raise 
issues regarding product coverage and encouraged all parties to submit 
comments within 20 calendar days of the date of publication of the 
Initiation Notice.\3\ We received no comments from interested parties 
concerning product coverage. The Department also set aside a period of 
time for parties to comment on product characteristics for use in the 
AD questionnaire.\4\ We received no comments from interested parties 
concerning product characteristics.
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    \3\ See Initiation Notice.
    \4\  Id.
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    On February 21, 2012, the International Trade Commission (``ITC'') 
published its affirmative preliminary determination that there is a 
reasonable indication that imports of hangers from Taiwan are 
materially injuring the U.S. industry, and the ITC notified the 
Department of its findings.\5\
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    \5\ See Steel Wire Garment Hangers from Taiwan and Vietnam, 
Investigation Nos. 701-TA-487 and 731-TA 1197-1198 (Preliminary).
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    On March 9, 2012, we selected Golden Canyon Ltd. (``Golden 
Canyon'') and Taiwan Hanger Manufacturing Co., Ltd. (``Taiwan Hanger'') 
as mandatory respondents in this investigation. See the ``Selection of 
Respondents'' section of this notice, below. On March 14, 2012, we 
issued the AD questionnaire to Golden Canyon and Taiwan Hanger. On 
April 9, 2012, we again issued the AD questionnaire to Golden Canyon 
and Taiwan Hanger. We did not receive questionnaire responses from 
Golden Canyon or Taiwan Hanger.\6\ Golden Canyon's questionnaires were 
returned due to incorrect addresses.\7\ Taiwan Hanger did not respond 
to the questionnaires.\8\ On April 27, 2012, Petitioners requested that 
the preliminary determination be postponed. On May 14, 2012, we 
postponed our preliminary determination by 50 days.\9\
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    \6\ See Memorandum to the File, ``Steel Wire Hangers from 
Taiwan: Questionnaire Delivery Attempts,'' dated concurrently with 
this notice (``Questionnaire Delivery Memo'') which details our 
attempts to deliver the questionnaires to Golden Canyon and Taiwan 
Hanger.
    \7\ Id.
    \8\ Id.
    \9\ See Steel Wire Garment Hangers from the Socialist Republic 
of Vietnam and Taiwan: Postponement of Preliminary Determinations of 
Antidumping Duty Investigations, 77 FR 28356 (May 14, 2012).
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Period of Investigation

    The period of investigation (``POI'') is October 1, 2010, through 
September 30, 2011.\10\
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    \10\ See section 351.204(b)(1) of the Department's regulations.
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Scope of Investigation

    The merchandise subject to this investigation is steel wire garment 
hangers, fabricated from carbon steel wire, whether or not galvanized 
or painted, whether or not coated with latex or epoxy or similar 
gripping materials, and whether or not fashioned with paper covers or 
capes (with or without printing) 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 investigation 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 the investigation are currently classified 
under U.S. Harmonized Tariff Schedule (``HTSUS'') 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.

Selection of Respondents

    Section 777A(c)(1) of the Act directs the Department to calculate 
individual dumping margins for each known exporter and producer of the 
subject merchandise. Section 777A(c)(2) of the Act gives the Department 
discretion, when faced with a large number of exporters or producers, 
to limit its examination to a reasonable number of such companies if it 
is not practicable to examine all companies. The data on the record 
indicates that there are 22 potential producers or exporters of hangers 
from Taiwan that exported the subject merchandise to the United States 
during the POI.\11\ In the Initiation Notice we stated that we intended 
to select respondents based on U.S. Customs and Border Protection 
(``CBP'')

[[Page 46056]]

data for U.S. imports under HTSUS numbers 7326.20.0020 and 
7323.99.9080, the two categories most specific to subject merchandise, 
for entries made during the POI.\12\ Moreover, we invited comments on 
CBP data and selection of respondents for individual examination.\13\
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    \11\  See the Petition at Exhibit 6.
    \12\ See Initiation Notice.
    \13\ Id.
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    On January 30, 2012, we released the CBP data to all parties with 
access to information protected by administrative protective order.\14\ 
Based on our review of the CBP data and the consideration of the 
comments we received from the Petitioners on February 6, 2012, we 
determined that we had the resources to examine two companies. 
Accordingly, we selected Golden Canyon and Taiwan Hanger for individual 
examination in this investigation. These companies are the two 
producers/exporters of subject merchandise that account for the largest 
volume of the subject merchandise imported during the POI that we can 
reasonably examine in accordance with section 777A(c)(2)(B) of the 
Act.\15\
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    \14\ See Letter to All Interested Parties dated January 30, 
2012.
    \15\ See Memorandum to Christian Marsh, ``Antidumping Duty 
Investigation of Steel Wire Garment Hangers from Taiwan: Respondent 
Selection Memorandum,'' dated March 9, 2012.
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Golden Canyon

    Questionnaires that were sent to Golden Canyon were returned as 
undeliverable.\16\ Therefore, we are classifying Golden Canyon as an 
``unlocated company,'' and in accordance with our practice with respect 
to companies to which we cannot send a questionnaire, we are assigning 
Golden Canyon the ``all others'' rate, which is 69.98 percent.\17\
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    \16\ See Questionnaire Delivery Memo.
    \17\ See, e.g., Chrome-Plated Lug Nuts from Taiwan; Preliminary 
Results of Antidumping Duty Administrative Review, 64 FR 55234, 
55234 (October 12, 1999), unchanged in Chrome-Plated Lug Nuts from 
Taiwan; Final Results of Antidumping Duty Administrative Review, 65 
FR 7491 (February 15, 2000).
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Taiwan Hanger

    For the reasons stated below, we determine that the use of facts 
otherwise available with an adverse inference is appropriate for the 
preliminary determination with respect to Taiwan Hanger. As indicated 
in the ``Background'' section above, Taiwan Hanger did not respond to 
the AD questionnaire.\18\ Specifically, Taiwan Hanger twice received 
the questionnaire, and then returned the questionnaire to the 
Department at a later date.\19\
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    \18\ See Questionnaire Delivery Memo.
    \19\ See Questionnaire Delivery Memo for more details.
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    Because Taiwan Hanger did not respond to our questionnaire, it 
withheld information necessary to calculate a margin for its sales to 
the United States. Section 776(a)(2) of the Act provides that, if an 
interested party withholds information requested by the administering 
authority, fails to provide such information by the deadlines for 
submission of the information or in the form and manner requested, 
subject to subsections (c)(1) and (e) of section 782 of the Act, 
significantly impedes a proceeding under the Act, or provides such 
information but the information cannot be verified as provided in 
section 782(i) of the Act, the administering authority shall use, 
subject to section 782(d) of the Act, facts otherwise available in 
reaching the applicable determination. Section 782(e) of the Act states 
further that the Department shall not decline to consider submitted 
information if all of the following requirements are met: (1) The 
information is submitted by the established deadline; (2) the 
information can be verified; (3) the information is not so incomplete 
that it cannot serve as a reliable basis for reaching the applicable 
determination; (4) the interested party has demonstrated that it acted 
to the best of its ability; (5) the information can be used without 
undue difficulties.
    In this case, Taiwan Hanger did not respond to our request for 
information, withheld information the Department requested, and 
significantly impeded the proceeding. Because Taiwan Hanger failed to 
provide any information, section 782(e) of the Act is inapplicable. 
Accordingly, pursuant to section 776(a) of the Act, we are relying upon 
facts otherwise available for Taiwan Hanger's margin.
    Section 776(b) of the Act provides that, if the Department finds 
that an interested party has failed to cooperate by not acting to the 
best of its ability to comply with a request for information, the 
Department may use an inference adverse to the interests of that party 
in selecting the facts otherwise available.\20\ In addition, the 
Statement of Administrative Action accompanying the Uruguay Round 
Agreements Act, H.R. Rep. 103-316, Vol. 1, 103d Cong. (1994) (``SAA''), 
explains that the Department may employ an adverse inference ``to 
ensure that the party does not obtain a more favorable result by 
failing to cooperate than if it had cooperated fully.''\21\ 
Furthermore, affirmative evidence of bad faith on the part of a 
respondent is not required before the Department may make an adverse 
inference.\22\ It is the Department's practice to consider, in 
employing adverse inferences, the extent to which a party may benefit 
from its own lack of cooperation.
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    \20\ See Notice of Final Results of Antidumping Duty 
Administrative Review: Stainless Steel Bar from India, 70 FR 54023, 
54025-26 (September 13, 2005), and Notice of Final Determination of 
Sales at Less Than Fair Value and Final Negative Critical 
Circumstances: Carbon and Certain Alloy Steel Wire Rod from Brazil, 
67 FR 55792, 55794-96 (August 30, 2002).
    \21\ See SAA at 870; and, e.g., Certain Polyester Staple Fiber 
from Korea: Final Results of the 2005-2006 Antidumping Duty 
Administrative Review, 72 FR 69663, 69664 (December 10, 2007).
    \22\ See, e.g., Notice of Final Determination of Sales at Less 
Than Fair Value: Circular Seamless Stainless Steel Hollow Products 
from Japan, 65 FR 42985 (July 12, 2000); Antidumping Duties, 
Countervailing Duties, 62 FR 27296, 27340 (May 19, 1997); and Nippon 
Steel Corp. v. United States, 337 F.3d 1373, 1382-83 (Fed. Cir. 
2003).
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    Although we twice served Taiwan Hanger with the AD questionnaire, 
Taiwan Hanger refrained from participating in this investigation and 
has failed to provide any response to our request for information. This 
failure to respond indicates that Taiwan Hanger has determined not to 
cooperate with our requests for information, or to participate in this 
investigation. Taiwan Hanger's decision not to participate in this 
investigation has precluded the Department from performing the 
necessary analysis and verification of Taiwan Hanger's questionnaire 
responses, as required by section 782(i)(1) of the Act. Accordingly, 
the Department concludes that Taiwan Hanger failed to cooperate to the 
best of its ability to comply with a request for information by the 
Department pursuant to section 776(b) of the Act. Based on the above, 
the Department has preliminarily determined that Taiwan Hanger has 
failed to cooperate to the best of its ability and, therefore, in 
selecting from among the facts otherwise available, an adverse 
inference is warranted.\23\
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    \23\ See, e.g., Notice of Final Determination of Sales at Less 
Than Fair Value: Circular Seamless Stainless Steel Hollow Products 
from Japan, 65 FR at 42985, 42986 (July 12, 2000) (where the 
Department applied total adverse facts available (``AFA'') where the 
respondent failed to respond to the antidumping questionnaire).
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Corroboration of AFA Rate

    Where the Department applies AFA because a respondent failed to 
cooperate by not acting to the best of its ability to comply with a 
request for information, section 776(b) of the Act authorizes the 
Department to rely on information derived from the petition, a final

[[Page 46057]]

determination, a previous administrative review, or other information 
placed on the record.\24\ In selecting a rate for AFA, the Department 
selects a rate that is sufficiently adverse to ensure that the 
uncooperative party does not obtain a more favorable result by failing 
to cooperate than if it had fully cooperated. Normally, it is the 
Department's practice to use the highest rate from the petition in an 
investigation when a respondent fails to act to the best of its ability 
to provide the necessary information.\25\ The rates in the petition 
range from 18.90 percent to 125.43 percent.\26\ We have selected the 
petition rate of 125.43 percent.
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    \24\ See also section 351.308(c) of the Department's regulations 
and the SAA at 868-870.
    \25\ See, e.g., Notice of Preliminary Determination of Sales at 
Less Than Fair Value and Postponement of Final Determination: 
Purified Carboxymethylcellulose from Finland, 69 FR 77216, 77219 
(December 27, 2004), unchanged in Notice of Final Determination of 
Sales at Less Than Fair Value: Purified Carboxymethylcellulose from 
Finland, 70 FR 28279 (May 17, 2005).
    \26\ See Initiation Notice.
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    When using facts otherwise available, section 776(c) of the Act 
provides that, where the Department relies on secondary information 
(such as the petition) rather than information obtained in the course 
of an investigation, it must corroborate, to the extent practicable, 
information from independent sources that are reasonably at its 
disposal. The SAA clarifies that ``corroborate'' means the Department 
will satisfy itself that the secondary information to be used has 
probative value.\27\ As stated in Japanese TRBs, to corroborate 
secondary information, the Department will examine, to the extent 
practicable, the reliability and relevance of the information used.\28\ 
The Department's regulations state that independent sources used to 
corroborate such evidence may include, for example, published price 
lists, official import statistics and customs data, and information 
obtained from interested parties during the particular 
investigation.\29\
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    \27\ See SAA at 870.
    \28\ See Tapered Roller Bearings and Parts Thereof, Finished and 
Unfinished, from Japan, and Tapered Roller Bearings, Four Inches or 
Less in Outside Diameter, and Components Thereof, from Japan; 
Preliminary Results of Antidumping Duty Administrative Reviews and 
Partial Termination of Administrative Reviews, 61 FR 57391, 57392 
(November 6, 1996) (``Japanese TRBs''), unchanged in Tapered Roller 
Bearings and Parts Thereof, Finished and Unfinished, from Japan, and 
Tapered Roller Bearings, Four Inches or Less in Outside Diameter, 
and Components Thereof, from Japan; Final Results of Antidumping 
Duty Administrative Reviews and Termination in Part, 62 FR 11825, 
11843 (March 13, 1997).
    \29\ See section 351.308(d) of the Department's regulations, and 
the SAA at 870.
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    For the purposes of this investigation and to the extent 
appropriate information was available, we reviewed the adequacy and 
accuracy of the information in the petition during our pre-initiation 
analysis and for purposes of this preliminary determination.\30\ We 
examined evidence supporting the calculations in the petition to 
determine the probative value of the margins alleged in the petition 
for use as AFA for purposes of this preliminary determination. During 
our pre-initiation analysis we examined the key elements of the export 
price (``EP'') and normal value calculations used in the petition to 
derive margins. During our pre-initiation analysis we also examined 
information from various independent sources provided either in the 
petition or in supplements to the petition that demonstrated the 
accuracy and validity of key elements of the EP and normal value 
calculations used in the petition to derive estimated margins.\31\
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    \30\ See ``Antidumping Duty Investigation Initiation Checklist: 
Steel Wire Garment Hangers from Taiwan'' (``Initiation Checklist'') 
dated January 18, 2012, at 6-9.
    \31\ Id.
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    Based on our examination of the information, as discussed in detail 
in the Initiation Checklist, we consider the Petitioners' calculation 
of the EP and normal value to be reliable. Therefore, because we 
confirmed the accuracy and validity of the information underlying the 
calculation of margins in the petition by examining source documents as 
well as publicly available information, we preliminarily determine that 
the margins in the petition are reliable for the purposes of this 
investigation.
    With respect to the relevance aspect of corroboration, the 
Department will consider information reasonably at its disposal as to 
whether there are circumstances that would render a
    margin not relevant.\32\ Where circumstances indicate that the 
selected margin is not appropriate as AFA, the Department will 
disregard the margin and determine an appropriate margin.\33\
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    \32\ See Certain Steel Nails from the United Arab Emirates: 
Preliminary Determination of Sales at Less Than Fair Value and 
Postponement of Final Determination, 76 FR 68129, 68132 (November 3, 
2011), unchanged in Certain Steel Nails from the United Arab 
Emirates: Final Determination of Sales at Less Than Fair Value, 77 
FR 17029 (March 23, 2012).
    \33\ See Fresh Cut Flowers from Mexico; Final Results of 
Antidumping Duty Administrative Review, 61 FR 6812, 6814 (February 
22, 1996) (where the Department disregarded the highest dumping 
margin as best information available because the margin was based on 
another company's uncharacteristic business expense resulting in an 
unusually high margin).
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    The rates in the petition reflect commercial practices of the 
hangers industry and, as such, are relevant to Taiwan Hanger.\34\ The 
courts have acknowledged that the consideration of the commercial 
behavior inherent in the industry is important in determining the 
relevance of the selected AFA rate to the uncooperative respondent by 
virtue of it belonging to the same industry.\35\ Such consideration 
typically encompasses the commercial behavior of other respondents 
under investigation; however, as there are no participating respondents 
in this investigation, we have relied upon the rates found in the 
petition, which is the only information regarding the hangers industry 
reasonably at the Department's disposal. Because the petition rates are 
derived from the hangers industry and are based on information related 
to aggregate data involving the hangers industry, we have determined 
that the petition rates are relevant. Accordingly, by using information 
that was determined to be reliable in the pre-initiation stage of this 
investigation and preliminarily determining it to be relevant for the 
uncooperative respondent in this investigation, we have corroborated 
the AFA rate of 125.43 percent ``to the extent practicable'' as 
provided in section 776(c) of the Act. Therefore, we have applied the 
petition rate of 125.43 percent to Taiwan Hanger, as AFA.
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    \34\ See Initiation Checklist at 6-9.
    \35\ See, e.g., Ferro Union, Inc. v. United States, 44 F. Supp. 
2d 1310, 1334 (1999).
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Preliminary Determination

    The Department determines that the following margins exist for the 
manufacturers/exporters under investigation as follows:

------------------------------------------------------------------------
                                                              Margin
                  Manufacturer/Exporter                      (percent)
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Golden Canyon Ltd.......................................           69.98
Taiwan Hanger Manufacturing Co., Ltd....................          125.43
All Others Rate.........................................           69.98
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Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, we will direct CBP 
to suspend liquidation of all entries of hangers from Taiwan that are 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication of this notice in the Federal Register. We will 
instruct CBP to require a cash deposit equal to the weighted-average 
margins, as indicated below, as follows: (1) The rates for Golden 
Canyon and Taiwan Hanger will be the rates we have determined in this 
preliminary determination; (2) if the exporter is not a firm identified 
in this

[[Page 46058]]

investigation but the producer is, the rate will be the rate 
established for the producer of the subject merchandise; (3) the rate 
for all other producers or exporters will be 69.98 percent, as 
discussed in the ``All Others Rate'' section, below. These suspensions 
of liquidation instructions will remain in effect until further notice.

All Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated all-
others rate shall be an amount equal to the weighted average of the 
estimated weighted-average dumping margins established for exporters 
and producers individually investigated excluding any zero or de 
minimis margins and any margins determined entirely under section 776 
of the Act. No respondent has participated in this investigation. 
Therefore, because the only dumping margins for this preliminary 
determination are found in the petition, the all others rate is a 
simple average of these values, which is 69.98 percent.\36\
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    \36\ See Initiation Checklist at Attachment V; see, e.g., 
Certain Steel Nails from the United Arab Emirates: Amended Final 
Determination of Sales at Less Than Fair Value and Antidumping Duty 
Order, 77 FR 27421 (May 10, 2012) (where the Department determined 
the all others rate using a simple average).
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ITC Notification

    In accordance with section 733(f) of the Act, we have notified the 
ITC of our preliminary affirmative determination. In accordance with 
section 735(b)(2) of the Act, if the Department's final determination 
is affirmative, the ITC will determine before the latter of 120 days 
after the date of this preliminary determination or 45 days after our 
final determination whether imports of hangers from Taiwan are 
materially injuring, or threatening material injury to, the U.S. 
industry.

Public Comment

    Interested parties are invited to comment on the preliminary 
determination. Interested parties may submit case briefs to the 
Department no later than forty days after the publication of this 
preliminary determination. Rebuttal briefs, the content of which is 
limited to the issues raised in the case briefs, must be filed within 
five days from the deadline date for the submission of case briefs.\37\ 
A list of authorities used, a table of contents, and an executive 
summary of issues should accompany any briefs submitted to the 
Department.\38\ Executive summaries should be limited to five pages 
total, including footnotes. Case and rebuttal briefs must be submitted 
to the Department electronically using IA ACCESS.\39\
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    \37\ See section 351.309(d) of the Department's regulations.
    \38\ See section 351.309(c)(2) of the Department's regulations.
    \39\ Electronic filing requirements via IA ACCESS can be found 
at section 351.303 of the Department's regulations; see also 
Antidumping and Countervailing Duty Proceedings: Electronic Filing 
Procedures; Administrative Protective Order Procedures, 76 FR 39263 
(July 6, 2011).
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    In accordance with section 774 of the Act, the Department will hold 
a public hearing, if timely requested, to afford interested parties an 
opportunity to comment on issues raised in case briefs, provided that 
such a hearing is requested by an interested party by electronically 
filing the request via IA ACCESS.\40\ If a timely request for a hearing 
is made in this investigation, we intend to hold the hearing two days 
after the deadline for filing a rebuttal brief. Parties should confirm 
by telephone the date, time, and location of the hearing 48 hours 
before the scheduled date.
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    \40\ Id.
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    Any interested party may request a hearing within 30 days of 
publication of this notice.\41\ Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations will be limited to issues raised in 
the briefs. If a request for a hearing is made, parties will be 
notified of the time and date for the hearing to be held at the U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230.\42\
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    \41\ See section 351.310(c) of the Department's regulations.
    \42\ See section 351.310(d) of the Department's regulations.
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    This determination is issued and published pursuant to sections 
733(f) and 777(i)(1) of the Act.

    Dated: July 27, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-18900 Filed 8-1-12; 8:45 am]
BILLING CODE 3510-DS-P