Certain Steel Wire Garment Hangers From the Socialist Republic of Vietnam: Final Affirmative Countervailing Duty Determination and Final Affirmative Critical Circumstances Determination, 75973-75975 [2012-30948]

Download as PDF 75973 tkelley on DSK3SPTVN1PROD with Federal Register / Vol. 77, No. 247 / Wednesday, December 26, 2012 / Notices notification of proposed production activity on behalf of Suzuki Mfg. of America Corp. (SMAC), located in Rome, Jonesboro, and Cartersville, Georgia. The notification conforming to the requirements of the regulations of the Foreign-Trade Zones Board (15 CFR 400.22) was received on November 19, 2012. The SMAC facilities are located at: 1520 and 1627 Technology Parkway, NW., Rome (Floyd County); 9250 Main Street, Jonesboro (Clayton County); and, 400 High Point Road Cartersville (Bartow County), Georgia. A separate request for subzone designation at the SMAC facilities has been processed under Section 400.24(c) of the Board’s regulations. The facilities are used for the production of all-terrain vehicles (ATVs) and related components (carriers, footrests, fuel tanks, grips/ handle bars, frames, rear box assemblies). Production under FTZ procedures could exempt SMAC from customs duty payments on the foreign status components and materials used in export production. On its domestic sales, SMAC would be able to choose the duty rate during customs entry procedures that apply to ATVs and related components (free—2.5%) for the foreign status inputs noted below. Customs duties also could possibly be deferred or reduced on foreign status production equipment. Components and materials sourced from abroad include: articles of rubber, hoses, gaskets, washers, fasteners, springs, sign plates/labels, brackets, plates, braces, fittings, body parts, engines and related parts, pumps, fans, valves, hose/pipe assemblies, guides, electrical components, coils, sensors and related assemblies, resistors, horns, relays, switches, lighting equipment, radiators, electronic control units, stampings, other parts of ATVs, brake parts, axles, gauges, and wheels (duty rate ranges from free to 8.6%). Public comment is invited from interested parties. Submissions shall be addressed to the Board’s Executive Secretary at the address below. The closing period for their receipt is February 4, 2013. A copy of the notification will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230–0002, and in the ‘‘Reading Room’’ section of the Board’s Web site, which is accessible via www.trade.gov/ftz. For further information, contact Pierre Duy at Pierre.Duy@trade.gov, or (202) 482–1378. VerDate Mar<15>2010 07:31 Dec 22, 2012 Jkt 229001 Dated: December 19, 2012. Andrew McGilvray, Executive Secretary. Company Margin (percent) SKF Industries S.p.A., Somecat S.p.A., and SKF RIV-SKF Officine di Villar Perosa S.p.A ....................... SNECMA ................................. Volkswagen AG ...................... Volkswagen Zubehor GmbH ... [FR Doc. 2012–31082 Filed 12–21–12; 4:15 pm] BILLING CODE P DEPARTMENT OF COMMERCE 0.00 0.00 0.00 0.00 International Trade Administration [FR Doc. C1–2012–29770 Filed 12–21–12; 8:45 am] BILLING CODE 1505–01–D [A–427–801, A–428–801, A–475–801] Ball Bearings and Parts Thereof From France, Germany, and Italy: Final Results of Antidumping Duty Administrative Reviews; 2010–2011 In notice document 2012–29770, appearing on pages 73415–73417 in the issue of Monday, December 10, 2012, make the following correction: On page 73416, in the second and third columns, the table is corrected to read as set forth below. Margin (percent) Company France: Audi AG ................................... Bosch Rexroth SAS ................ Caterpillar Group Services S.A Caterpillar Materials Routiers S.A.S ................................... Caterpillar S.A.R.L .................. Perkins Engines Company Limited ................................. SNECMA ................................. NTN–SNR ............................... Volkswagen AG ...................... Volkswagen Zubehor GmbH ... Germany: Bayerische Motoren Werke AG ....................................... Bosch Rexroth AG .................. BSH Bosch und Siemens Hausgerate GmbH .............. Caterpillar S.A.R.L. ................. myonic GmbH ......................... Robert Bosch GmbH ............... Robert Bosch GmbH Power Tools and Hagglunds Drives Italy: Audi AG ................................... Bosch Rexroth S.p.A .............. Caterpillar Overseas S.A.R.L .. Caterpillar of Australia Pty. Ltd Caterpillar Group Services S.A Caterpillar Mexico, S.A. de C.V ....................................... Caterpillar Americas C.V ........ Hagglunds Drives S.r.l ............ Perkins Engines Company Limited ................................. Schaeffler Italia S.r.l. and WPB Water Pump Bearing GmbH & Co. KG, Schaeffler Italia SpA and The Schaeffler Group ................. Frm 00006 International Trade Administration [C–552–813] Correction PO 00000 DEPARTMENT OF COMMERCE Fmt 4703 Sfmt 4703 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Certain Steel Wire Garment Hangers From the Socialist Republic of Vietnam: Final Affirmative Countervailing Duty Determination and Final Affirmative Critical Circumstances Determination Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) determines that countervailable subsidies are being provided to producers and exporters of steel wire garment hangers (garment hangers) from the Socialist Republic of Vietnam. For information on the estimated subsidy rates, see the ‘‘Suspension of Liquidation’’ section of this notice. DATES: Effective Date: December 24, 2012. FOR FURTHER INFORMATION CONTACT: Robert Copyak or John Coniff, AD/CVD Operations, Office 8, Import Administration, U.S. Department of Commerce, Room 4014, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: 202–482–2209 and 202–482–1009, respectively. AGENCY: SUPPLEMENTARY INFORMATION Background This investigation, which covers 15 programs, was initiated on January 18, 0.00 1 0.00 2012. The Petitioners in this 0.00 investigation are M&B Metal Products 0.00 Company, Inc., Innovative Fabrication 0.00 LLC/Indy Hanger, and US Hanger Company, LLC. The respondents in this 0.00 investigation are: South East Asia 0.00 Hamico Export Joint Stock Company 0.00 (SEA Hamico), Nam A Hamico Export Joint Stock Company (Nam A), and Linh 0.00 0.00 0.00 1 See Steel Wire Garment Hangers From the Socialist Republic of Vietnam: Initiation of Countervailing Duty Investigation. 77 FR 3737 (January 2, 2011) (Initiation), and accompanying Initiation Checklist. E:\FR\FM\26DEN1.SGM 26DEN1 75974 Federal Register / Vol. 77, No. 247 / Wednesday, December 26, 2012 / Notices Sa Hamico Company Limited (Linh Sa) (collectively, the Hamico Companies), and Infinite Industrial Hanger Limited (Infinite) and Supreme Hanger Company Limited (Supreme) (collectively, the Infinite Companies). Period of Investigation The period of investigation for which we are measuring subsidies is January 1, 2011, through December 31, 2011. Case History The events that have occurred since the Department published the Preliminary Determination 2 are discussed in the Memorandum to Paul Piquado, Assistant Secretary for Import Administration, Issues and Decision Memorandum for the Final Determination in the Countervailing Duty Investigation of Steel Wire Garment Hangers From the Socialist Republic of Vietnam (Decision Memorandum).3 tkelley on DSK3SPTVN1PROD with Scope of the Investigation The merchandise subject to the 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/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 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) chromeplated steel wire garment hangers with a diameter of 3.4mm 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 2 See Certain Steel Wire Garment Hangers From the Socialist Republic of Vietnam: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Countervailing Duty Determination with Final Antidumping Duty Determination, 77 FR 32930 (June 4, 2012) (Preliminary Determination). 3 Public versions of all business proprietary documents and all public documents are on file electronically via Import Administration’s Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS). Access to IA ACCESS is available to registered users at http://iaaccess.trade.gov and in the Central Records Unit (CRU), room 7046 of the main Department of Commerce building. VerDate Mar<15>2010 06:31 Dec 22, 2012 Jkt 229001 subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive. Scope Comments As discussed in the Initiation, we set aside a period for interested parties to raise issues regarding product coverage.4 However, no parties submitted scope comments on the records of the AD or CVD investigations. Critical Circumstances In the Preliminary Critical Circumstances Determination, the Department concluded that critical circumstances do not exist with respect to the Hamico Companies, in accordance with section 703(e)(1) of the Tariff Act of 1930, as amended (the Act).5 However, the Department also concluded that critical circumstances exist for the Infinite Companies and for imports from ‘‘all other’’ exporters of garment hangers from Vietnam.6 On December 7, 2012, Joobles LLC (Joobles), an importer of garment hangers, submitted comments regarding the Preliminary Critical Circumstances Determination.7 On December 10, 2012, the Department rejected Joobles’ critical circumstances submission because it contained untimely-filed factual information.8 The Department invited Joobles to resubmit its comments with the untimely-filed factual information removed; however, Joobles did not resubmit its comments. The Department has otherwise received no other comments. Because there are no comments on the record, we have not changed our findings from the Preliminary Critical Circumstances Determination. Therefore, in accordance with section 705(a)(2) of the Act, we continue to find that critical circumstances exist with respect to imports from the Infinite Companies and ‘‘all other’’ exporters of garment hangers from Vietnam. Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation and the issues raised in the case and rebuttal briefs submitted by parties in this investigation are addressed in the Decision 4 See Initiation, 77 FR at 3737. Steel Wire Garment Hangers From the Socialist Republic of Vietnam: Preliminary Affirmative Determination of Critical Circumstances, 77 FR 73430 (December 10, 2012) Preliminary Critical Circumstances Determination. 6 Id. 7 See Joobles December 7, 2012, submission. 8 See the Memorandum to the File, ‘‘Rejectioin Untimely Data From Joobles LC,’’ (December 10, 2012). 5 See PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 Memorandum, dated concurrently with this notice. The Decision Memorandum is hereby incorporated in the final review results. A list of the issues raised is attached to this notice as Appendix I. The Decision Memorandum is a public document and is on file electronically via IA ACCESS. In addition, a complete version of the Decision Memorandum can be accessed directly on the internet at http://www.trade.gov/ia/. The signed Decision Memorandum and the electronic versions of the Decision Memorandum are identical in content. Suspension of Liquidation In accordance with section 705(c)(1)(B)(i)(I) of the Act, we have calculated an individual rate for each producer/exporter of the subject merchandise investigated. We determine the total net countervailable subsidy rates to be: Producer/exporter South East Asia Hamico Export Joint Stock Company (SEA Hamico), Nam A Hamico Export Joint Stock Company (Nam A), and Linh Sa Hamico Company Limited (Linh Sa) (collectively, the Hamico Companies) ............. Infinite Industrial Hanger Limited (Infinite) and Supreme Hanger Company Limited (Supreme) (collectively, the Infinite Companies) ............... All Others .................................. Net subsidy ad valorem rate 31.58 90.42 31.58 Section 705(c)(5)(A)(i) of the Act states that for companies not individually investigated, we will normally determine an all others rate equal to the weighted average of the countervailable subsidy rates established for exporters and producers individually investigated, excluding any zero and de minimis countervailable subsidy rates, and any rates based entirely on adverse facts available (AFA) under section 776 of the Act. For this final determination, because we are applying total AFA to the Infinite Companies, the only calculated total net countervailable subsidy rate is the rate we have determined for the Hamico Companies. Therefore, for the all others rate, we are using the Hamico Companies’ rate. As a result of our Preliminary Determination and pursuant to section 703(d) of the Act, we instructed U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of subject merchandise from Vietnam which were entered or withdrawn from warehouse, for consumption on or after E:\FR\FM\26DEN1.SGM 26DEN1 Federal Register / Vol. 77, No. 247 / Wednesday, December 26, 2012 / Notices June 4, 2012, the date of the publication of the Preliminary Determination in the Federal Register. Subsequently, as a result of our Preliminary Critical Circumstances Determination,9 we instructed CBP to suspend liquidation of all entries of subject merchandise from ‘‘all other’’ exporters of garment hangers from Vietnam which were entered or withdrawn from warehouse, for consumption on or after March 6, 2012, which is 90 days prior to the date of publication in the Federal Register of the Preliminary Determination. In accordance with section 703(d) of the Act, we issued instructions to CBP to discontinue the suspension of liquidation for CVD purposes for subject merchandise entered, or withdrawn from warehouse, on or after October 2, 2012, but to continue the suspension of liquidation of all entries from June 4, 2012, through October 1, 2012. If the International Trade Commission (ITC) issues a final affirmative injury determination, we will issue a CVD order and reinstate the suspension of liquidation under section 706(a) of the Act and will require a cash deposit of estimated CVDs for such entries of merchandise in the amounts indicated above. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled. ITC Notification In accordance with section 705(d) of the Act, we will notify the ITC of our determination. In addition, we are making available to the ITC all nonprivileged and non-proprietary information related to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order (APO), without the written consent of the Assistant Secretary for Import Administration. tkelley on DSK3SPTVN1PROD with Return or Destruction of Proprietary Information In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to an APO of their responsibility concerning the destruction of proprietary information 9 See Steel Wire Garment Hangers from the Socialist Republic of Vietnam: Preliminary Affirmative Determination of Critical Circumstances, 77 FR 73430 (December 10, 2012) (Preliminary Critical Circumstances Determination). VerDate Mar<15>2010 06:31 Dec 22, 2012 Jkt 229001 disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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 determination is published pursuant to sections 705(d) and 777(i) of the Act. Dated: December 17, 2012. Paul Piquado, Assistant Secretary for Import Administration. APPENDIX List of Comments and Issues in the Decision Memorandum Comment 1: Whether the Department Should Assign a Rate Based on Total Adverse Facts Available to the Infinite Companies Comment 2: Whether Land Leased by SEA Hamcio Provided Countervailable Benefits to Hamico Companies Comment 3: Whether Unpaid Annual Rent on Land Leased by SEA Hamico and Used by Linh Sa Provided Countervailable Benefits to the Hamico Companies Comment 4: Whether Export Loans from VietinBank Provide a Government Financial Contribution Comment 5: Whether Import Duty Exemption or Reimbursements for Raw Materials are Countervailable Comment 6: Whether the Department Should Find the Newly Discovered Interest Support Program Countervailable [FR Doc. 2012–30948 Filed 12–21–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–580–869] Large Residential Washers From the Republic of Korea: Final Affirmative Countervailing Duty Determination Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) determines that countervailable subsidies are being provided to producers and exporters of large residential washers (washing machines) from the Republic of Korea (Korea). For information on the estimated subsidy rates, see the ‘‘Suspension of Liquidation’’ section of this notice. DATES: Effective December 26, 2012. FOR FURTHER INFORMATION CONTACT: Justin M. Neuman or Milton Koch, AD/ CVD Operations, Office 6, Import AGENCY: PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 75975 Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0486 and (202) 482–2584, respectively. SUPPLEMENTARY INFORMATION: Background The U.S. producer that filed the petition for this investigation is Whirlpool Corporation (hereafter, Whirlpool, or ‘‘petitioner’’). The mandatory respondents in this investigation are: (1) Samsung Electronics Co., Ltd., and its crossowned affiliates Samsung Electronics Service and Samsung Electronics Logitech (collectively, Samsung); (2) LG Electronics and its cross-owned affiliate, ServeOne Co., Ltd. (ServeOne) (collectively, LG); and (3) Daewoo Electronics Corporation (Daewoo). Period of Investigation The period of investigation for which we are measuring subsidies is January 1, 2011, through December 31, 2011. Case History The following events have occurred since the Department published the Preliminary Determination.1 From May through September 2012, the Department issued several supplemental questionnaires to participating respondents. Those parties timely responded to the Department’s supplemental questionnaires. In addition, on August 6, 2012, the Department published the Scope Amendment.2 On September 7, 11, and 13, the Department issued verification outlines to the Government of Korea (GOK), LG, and Samsung, respectively. The Department conducted verification from September 17, 2012, through September 27, 2012. On October 22, 2012, the Department issued verification reports for the GOK, Samsung, and LG. On October 31, 2012, the GOK filed its case brief. LG and Samsung filed case briefs on November 2, 2012. On November 7, 2012, the petitioner filed a rebuttal brief. The Department held a public hearing on November 17, 2012, based on the timely requests of the petitioner, Samsung, and LG. 1 See Large Residential Washers From the Republic of Korea: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Determination, 77 FR 33181 (June 5, 2012) (Preliminary Determination). 2 Large Residential Washers From the Republic of Korea: Amendment to the Scope of the Countervailing Duty Investigation, 77 FR 46715 (August 6, 2012) (Scope Amendment). E:\FR\FM\26DEN1.SGM 26DEN1

Agencies

[Federal Register Volume 77, Number 247 (Wednesday, December 26, 2012)]
[Notices]
[Pages 75973-75975]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30948]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-552-813]


Certain Steel Wire Garment Hangers From the Socialist Republic of 
Vietnam: Final Affirmative Countervailing Duty Determination and Final 
Affirmative Critical Circumstances Determination

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY:  The Department of Commerce (the Department) determines that 
countervailable subsidies are being provided to producers and exporters 
of steel wire garment hangers (garment hangers) from the Socialist 
Republic of Vietnam. For information on the estimated subsidy rates, 
see the ``Suspension of Liquidation'' section of this notice.

DATES: Effective Date: December 24, 2012.

FOR FURTHER INFORMATION CONTACT:  Robert Copyak or John Coniff, AD/CVD 
Operations, Office 8, Import Administration, U.S. Department of 
Commerce, Room 4014, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: 202-482-2209 and 202-482-1009, 
respectively.

SUPPLEMENTARY INFORMATION

Background

    This investigation, which covers 15 programs, was initiated on 
January 18, 2012.\1\ The Petitioners in this investigation are M&B 
Metal Products Company, Inc., Innovative Fabrication LLC/Indy Hanger, 
and US Hanger Company, LLC. The respondents in this investigation are: 
South East Asia Hamico Export Joint Stock Company (SEA Hamico), Nam A 
Hamico Export Joint Stock Company (Nam A), and Linh

[[Page 75974]]

Sa Hamico Company Limited (Linh Sa) (collectively, the Hamico 
Companies), and Infinite Industrial Hanger Limited (Infinite) and 
Supreme Hanger Company Limited (Supreme) (collectively, the Infinite 
Companies).
---------------------------------------------------------------------------

    \1\ See Steel Wire Garment Hangers From the Socialist Republic 
of Vietnam: Initiation of Countervailing Duty Investigation. 77 FR 
3737 (January 2, 2011) (Initiation), and accompanying Initiation 
Checklist.
---------------------------------------------------------------------------

Period of Investigation

    The period of investigation for which we are measuring subsidies is 
January 1, 2011, through December 31, 2011.

Case History

    The events that have occurred since the Department published the 
Preliminary Determination \2\ are discussed in the Memorandum to Paul 
Piquado, Assistant Secretary for Import Administration, Issues and 
Decision Memorandum for the Final Determination in the Countervailing 
Duty Investigation of Steel Wire Garment Hangers From the Socialist 
Republic of Vietnam (Decision Memorandum).\3\
---------------------------------------------------------------------------

    \2\ See Certain Steel Wire Garment Hangers From the Socialist 
Republic of Vietnam: Preliminary Affirmative Countervailing Duty 
Determination and Alignment of Final Countervailing Duty 
Determination with Final Antidumping Duty Determination, 77 FR 32930 
(June 4, 2012) (Preliminary Determination).
    \3\ Public versions of all business proprietary documents and 
all public documents are on file electronically via Import 
Administration's Antidumping and Countervailing Duty Centralized 
Electronic Service System (IA ACCESS). Access to IA ACCESS is 
available to registered users at http://iaaccess.trade.gov and in 
the Central Records Unit (CRU), room 7046 of the main Department of 
Commerce building.
---------------------------------------------------------------------------

Scope of the Investigation

    The merchandise subject to the 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/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 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 3.4mm 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.

Scope Comments

    As discussed in the Initiation, we set aside a period for 
interested parties to raise issues regarding product coverage.\4\ 
However, no parties submitted scope comments on the records of the AD 
or CVD investigations.
---------------------------------------------------------------------------

    \4\ See Initiation, 77 FR at 3737.
---------------------------------------------------------------------------

Critical Circumstances

    In the Preliminary Critical Circumstances Determination, the 
Department concluded that critical circumstances do not exist with 
respect to the Hamico Companies, in accordance with section 703(e)(1) 
of the Tariff Act of 1930, as amended (the Act).\5\ However, the 
Department also concluded that critical circumstances exist for the 
Infinite Companies and for imports from ``all other'' exporters of 
garment hangers from Vietnam.\6\ On December 7, 2012, Joobles LLC 
(Joobles), an importer of garment hangers, submitted comments regarding 
the Preliminary Critical Circumstances Determination.\7\ On December 
10, 2012, the Department rejected Joobles' critical circumstances 
submission because it contained untimely-filed factual information.\8\ 
The Department invited Joobles to resubmit its comments with the 
untimely-filed factual information removed; however, Joobles did not 
resubmit its comments. The Department has otherwise received no other 
comments.
---------------------------------------------------------------------------

    \5\ See Steel Wire Garment Hangers From the Socialist Republic 
of Vietnam: Preliminary Affirmative Determination of Critical 
Circumstances, 77 FR 73430 (December 10, 2012) Preliminary Critical 
Circumstances Determination.
    \6\ Id.
    \7\ See Joobles December 7, 2012, submission.
    \8\ See the Memorandum to the File, ``Rejectioin Untimely Data 
From Joobles LC,'' (December 10, 2012).
---------------------------------------------------------------------------

    Because there are no comments on the record, we have not changed 
our findings from the Preliminary Critical Circumstances Determination. 
Therefore, in accordance with section 705(a)(2) of the Act, we continue 
to find that critical circumstances exist with respect to imports from 
the Infinite Companies and ``all other'' exporters of garment hangers 
from Vietnam.

Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation and the issues raised in 
the case and rebuttal briefs submitted by parties in this investigation 
are addressed in the Decision Memorandum, dated concurrently with this 
notice. The Decision Memorandum is hereby incorporated in the final 
review results. A list of the issues raised is attached to this notice 
as Appendix I. The Decision Memorandum is a public document and is on 
file electronically via IA ACCESS. In addition, a complete version of 
the Decision Memorandum can be accessed directly on the internet at 
http://www.trade.gov/ia/. The signed Decision Memorandum and the 
electronic versions of the Decision Memorandum are identical in 
content.

Suspension of Liquidation

    In accordance with section 705(c)(1)(B)(i)(I) of the Act, we have 
calculated an individual rate for each producer/exporter of the subject 
merchandise investigated. We determine the total net countervailable 
subsidy rates to be:

------------------------------------------------------------------------
                                                             Net subsidy
                     Producer/exporter                        ad valorem
                                                                 rate
------------------------------------------------------------------------
South East Asia Hamico Export Joint Stock Company (SEA             31.58
 Hamico), Nam A Hamico Export Joint Stock Company (Nam A),
 and Linh Sa Hamico Company Limited (Linh Sa)
 (collectively, the Hamico Companies)......................
Infinite Industrial Hanger Limited (Infinite) and Supreme          90.42
 Hanger Company Limited (Supreme) (collectively, the
 Infinite Companies).......................................
All Others.................................................        31.58
------------------------------------------------------------------------

    Section 705(c)(5)(A)(i) of the Act states that for companies not 
individually investigated, we will normally determine an all others 
rate equal to the weighted average of the countervailable subsidy rates 
established for exporters and producers individually investigated, 
excluding any zero and de minimis countervailable subsidy rates, and 
any rates based entirely on adverse facts available (AFA) under section 
776 of the Act.
    For this final determination, because we are applying total AFA to 
the Infinite Companies, the only calculated total net countervailable 
subsidy rate is the rate we have determined for the Hamico Companies. 
Therefore, for the all others rate, we are using the Hamico Companies' 
rate.
    As a result of our Preliminary Determination and pursuant to 
section 703(d) of the Act, we instructed U.S. Customs and Border 
Protection (CBP) to suspend liquidation of all entries of subject 
merchandise from Vietnam which were entered or withdrawn from 
warehouse, for consumption on or after

[[Page 75975]]

June 4, 2012, the date of the publication of the Preliminary 
Determination in the Federal Register. Subsequently, as a result of our 
Preliminary Critical Circumstances Determination,\9\ we instructed CBP 
to suspend liquidation of all entries of subject merchandise from ``all 
other'' exporters of garment hangers from Vietnam which were entered or 
withdrawn from warehouse, for consumption on or after March 6, 2012, 
which is 90 days prior to the date of publication in the Federal 
Register of the Preliminary Determination.
---------------------------------------------------------------------------

    \9\ See Steel Wire Garment Hangers from the Socialist Republic 
of Vietnam: Preliminary Affirmative Determination of Critical 
Circumstances, 77 FR 73430 (December 10, 2012) (Preliminary Critical 
Circumstances Determination).
---------------------------------------------------------------------------

    In accordance with section 703(d) of the Act, we issued 
instructions to CBP to discontinue the suspension of liquidation for 
CVD purposes for subject merchandise entered, or withdrawn from 
warehouse, on or after October 2, 2012, but to continue the suspension 
of liquidation of all entries from June 4, 2012, through October 1, 
2012.
    If the International Trade Commission (ITC) issues a final 
affirmative injury determination, we will issue a CVD order and 
reinstate the suspension of liquidation under section 706(a) of the Act 
and will require a cash deposit of estimated CVDs for such entries of 
merchandise in the amounts indicated above. If the ITC determines that 
material injury, or threat of material injury, does not exist, this 
proceeding will be terminated and all estimated duties deposited or 
securities posted as a result of the suspension of liquidation will be 
refunded or canceled.

ITC Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of our determination. In addition, we are making available to the 
ITC all non-privileged and non-proprietary information related to this 
investigation. We will allow the ITC access to all privileged and 
business proprietary information in our files, provided the ITC 
confirms that it will not disclose such information, either publicly or 
under an administrative protective order (APO), without the written 
consent of the Assistant Secretary for Import Administration.

Return or Destruction of Proprietary Information

    In the event that the ITC issues a final negative injury 
determination, this notice will serve as the only reminder to parties 
subject to an APO of their responsibility concerning the destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). 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 determination is published pursuant to sections 705(d) and 
777(i) of the Act.

    Dated: December 17, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.

APPENDIX

List of Comments and Issues in the Decision Memorandum

Comment 1: Whether the Department Should Assign a Rate Based on 
Total Adverse Facts Available to the Infinite Companies
Comment 2: Whether Land Leased by SEA Hamcio Provided 
Countervailable Benefits to Hamico Companies
Comment 3: Whether Unpaid Annual Rent on Land Leased by SEA Hamico 
and Used by Linh Sa Provided Countervailable Benefits to the Hamico 
Companies
Comment 4: Whether Export Loans from VietinBank Provide a Government 
Financial Contribution
Comment 5: Whether Import Duty Exemption or Reimbursements for Raw 
Materials are Countervailable
Comment 6: Whether the Department Should Find the Newly Discovered 
Interest Support Program Countervailable

[FR Doc. 2012-30948 Filed 12-21-12; 8:45 am]
BILLING CODE 3510-DS-P