Steel Wire Garment Hangers From the People's Republic of China: Final Results of Antidumping Duty Administrative Review, 2010-2011, 28803-28805 [2013-11682]
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Federal Register / Vol. 78, No. 95 / Thursday, May 16, 2013 / Notices
Dated: May 9, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
SUPPLEMENTARY INFORMATION:
Appendix I
List of Comments Discussed in the
Accompanying Final Issues and Decision
Memorandum
Comment 1: Whether to Value Certain Inputs
Using Purchases from Market-Economy
Suppliers
Comment 2: Surrogate Country
Comment 3: Exclusion of Imports from FOP
Calculations
Comment 4: Whether to use Thai Trolley’s
Financial Statement
Comment 5: Use of Jenbunjerd’s Financial
Statement
Comment 6: Wheels
Comment 7: Sodium Gluconate
[FR Doc. 2013–11683 Filed 5–15–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–918]
Steel Wire Garment Hangers From the
People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review, 2010–2011
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) published the
preliminary results of the third
administrative review of the
antidumping duty order on steel wire
garment hangers from the People’s
Republic of China (‘‘PRC’’) on
November 8, 2012.1 We gave interested
parties an opportunity to comment on
the Preliminary Results. Based upon our
analysis of the comments and
information received, we made no
changes to the margin calculations for
these final results. The final dumping
margins are listed below in the ‘‘Final
Results of the Administrative Review’’
section of this notice. The period of
review (‘‘POR’’) is October 1, 2010,
through September 30, 2011.
DATES: Effective Date: May 16, 2013.
FOR FURTHER INFORMATION CONTACT:
Alan Ray, AD/CVD Operations, Office 9,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue NW., Washington,
DC 20230; telephone (202)–482–5403.
tkelley on DSK3SPTVN1PROD with NOTICES
AGENCY:
1 See Steel Wire Garment Hangers from the
People’s Republic of China: Antidumping Duty
Administrative Review, 2010–2011, 77 FR 66952
(November 8, 2012) (‘‘Preliminary Results’’), and
accompanying Decision Memorandum.
VerDate Mar<15>2010
18:13 May 15, 2013
Jkt 229001
Background
The Department published the
Preliminary Results on November 8,
2012.2 Between December 5, 2012 and
December 17, 2012, interested parties
submitted surrogate value data for
consideration in the final results. On
January 4, 2013, M&B Metal Products
Inc. (‘‘Petitioner’’), submitted a case
brief.3 On January 9, 2013, Fabriclean
Supply Inc. (‘‘Fabriclean’’), a U.S.
importer and wholesaler, submitted a
rebuttal brief.4 On January 14, 2013, the
Department extended the final results to
May 7, 2013.5
Scope of the Order
The merchandise that is subject to the
order is steel wire garment hangers. 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 as set forth in the order
remains dispositive.6
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by interested parties in
this review are addressed in the Issues
and Decision Memorandum.7 A list of
the issues which parties raised is
attached to this notice as an Appendix.
The Issues and Decision Memorandum
is a public document and is on file in
the Central Records Unit (‘‘CRU’’), room
7046 of the main Department of
Commerce building, as well as
2 See
id.
Letter from Petitioner, Third Administrative
Review of Steel Wire Garment Hangers from
China—Petitioner’s Case Brief, dated January 4,
2013.
4 See Letter from Fabriclean, Steel Wire Garment
Hangers from China: Rebuttal Brief, dated January
9, 2013.
5 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, through James
Doyle, Office Director, from Kabir Archuletta, Case
Analyst, ‘‘Steel Wire Garment Hangers from the
People’s Republic of China: Extension of Deadline
for Final Results of Antidumping Duty
Administrative Review,’’ dated January 14, 2013.
6 See Notice of Antidumping Duty Order: Steel
Wire Garment Hangers from the People’s Republic
of China, 73 FR 58111 (October 6, 2008).
7 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Import Administration,
titled ‘‘Steel Wire Garment Hangers from the
People’s Republic of China: Issues and Decision
Memorandum for the Final Results of the Third
Administrative Review,’’ dated concurrently with
this notice (‘‘Issues and Decision Memorandum’’)
and hereby adopted by this notice.
3 See
PO 00000
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Fmt 4703
Sfmt 4703
28803
electronically via Import
Administration’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘IA
ACCESS’’). IA ACCESS is available to
registered users at https://
iaaccess.trade.gov and in the CRU. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly on the internet at
https://www.trade.gov/ia/. The signed
Issues and Decision Memorandum and
the electronic versions of the Issues and
Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
There have been no changes since
Preliminary Results.
Non-Market Economy Country
The PRC has been treated as a nonmarket economy (‘‘NME’’) in every
proceeding conducted by the
Department. In accordance with section
771(18)(C)(i) of the Tariff Act of 1930, as
amended (‘‘the Act’’), any determination
that a foreign country is an NME shall
remain in effect until revoked by the
administering authority. The
Department has not revoked the PRC’s
status as an NME and, accordingly,
applied the NME methodology.
Separate Rates
In the Preliminary Results, the
Department determined that the
companies that constitute the Shanghai
Wells Group 8 were affiliated, would be
treated as a single entity, and met the
criteria for separate rate status.9 At that
time, the Department also determined
that the following companies failed to
demonstrate their eligibility for a
separate rate: Shangyu Baoxiang Metal
Manufactured Co., Ltd. (‘‘Shangyu
Baoxiang’’); Zhejiang Lucky Cloud
Hanger Co., Ltd. (‘‘Lucky Hanger’’);
Shaoxing Zhongbao Metal
Manufactured Co., Ltd. (‘‘Shaoxing
8 The Department previously found that Shanghai
Wells Hanger Co., Ltd. (‘‘Shanghai Wells’’), Hong
Kong Wells Ltd. (‘‘HK Wells’’) and Hong Kong
Wells Ltd. (USA) (‘‘Wells USA’’) are affiliated and
that Shanghai Wells and HK Wells comprise a
single entity (collectively, ‘‘Shanghai Wells
Group’’). Because there were no changes in this
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).
9 See Decision Memorandum at ‘‘Separate Rate
Recipients’’.
E:\FR\FM\16MYN1.SGM
16MYN1
28804
Federal Register / Vol. 78, No. 95 / Thursday, May 16, 2013 / Notices
Zhongbao’’); Shaoxing Shunji Metal
Clotheshorse Co., Ltd. (‘‘Shaoxing
Shunji’’); Pu Jiang County Command
Metal Products Co., Ltd (‘‘Pu Jiang’’);
and Shaoxing Liangbao Metal
Manufactured Co., Ltd. (‘‘Shaoxing
Liangbao’’).10 We have not received any
information since the issuance of the
Preliminary Results that provides a basis
for reconsideration of these
determinations. Therefore, the
Department continues to find that only
the Shanghai Wells Group satisfies the
criteria for a separate rate and will be
treated as a single entity.
PRC-Wide Entity and the PRC-Wide
Rate
In the Preliminary Results, we
determined that those companies which
did not demonstrate eligibility for a
separate rate are properly considered
part of the PRC-Wide Entity.11 Since the
Preliminary Results, none of the
companies which did not file separaterate applications or certifications
submitted comments regarding this
finding. Therefore, we continue to treat
these entities as part of the PRC-Wide
Entity.
In the Preliminary Results, the
Department calculated the PRC-Wide
Entity Rate using adverse facts available
(‘‘AFA’’) because (1) the PRC-Wide
Entity withheld requested information,
failed to provide information in a timely
manner and in the form requested, and
significantly impeded this proceeding
and (2) the PRC-Wide Entity failed to
cooperate to the best of its ability.12 In
so doing, and consistent with our
practice, the Department relied upon the
highest rate on the record of any
segment of the proceeding—187.25
percent.13 The Department also
corroborated that rate, consistent with
section 776(c) of the Act.14 Since the
Preliminary Results, no interested party
has submitted any evidence or
comments that challenge the
Department’s calculation of the PRCWide Rate. Therefore, we will continue
to apply a rate of 187.25 percent to the
PRC-Wide Entity.
Final Results of the Administrative
Review
tkelley on DSK3SPTVN1PROD with NOTICES
The weighted-average dumping
margins for the POR are as follows:
10 Id.,
at ‘‘Separate Rates’’ section.
at ‘‘PRC-Wide Entity and Selection of
Adverse Facts Available (‘‘AFA’’) Rate’’ sections.
12 The companies that did not cooperate were
Shaoxing Liangbao; Pu Jiang; Shaoxing Shunji;
Shaoxing Zhongbao; Shangyu Baoxiang; and Lucky
Hanger.
13 Id.
14 Id., at ‘‘Corroboration of Information’’ section.
11 Id.,
VerDate Mar<15>2010
18:13 May 15, 2013
Jkt 229001
Weightedaverage
dumping
margin
(percent)
Exporter
entries without regard to antidumping
duties.20
Cash Deposit Requirements
The following cash deposit
Shanghai Wells Group 15 ......
0.00 requirements will be effective upon
PRC-Wide Entity 16 ...............
187.25 publication of the final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
Disclosure
consumption on or after the publication
date, as provided by section 751(a)(2)(C)
We will disclose the calculations
of the Act: (1) For the Shanghai Wells
performed within five days of the date
of publication of this notice to parties in Group, the cash deposit rate will be its
respective rates established in the final
this proceeding in accordance with 19
results of this review, except if the rate
CFR 351.224(b).
is zero or de minimis no cash deposit
Assessment Rates
will be required; (2) for previously
Pursuant to section 751(a)(2)(A) of the investigated or reviewed PRC and nonAct and 19 CFR 351.212(b), the
PRC exporters not listed above that have
Department will determine, and U.S.
a separate rate, the cash deposit rate will
Customs and Border Protection (‘‘CBP’’) continue to be the exporter-specific rate
shall assess, antidumping duties on all
published for the most recent period; (3)
appropriate entries of subject
for all PRC exporters of subject
merchandise in accordance with the
merchandise which have not been
final results of this review. The
found to be entitled to a separate rate,
Department intends to issue assessment the cash deposit rate will be the PRCinstructions to CBP 15 days after the
wide rate of 187.25 percent; and (4) for
date of publication of these final results all non-PRC exporters of subject
of review. In these final results, the
merchandise which have not received
Department applied the assessment rate their own rate, the cash deposit rate will
calculation method adopted in Final
be the rate applicable to the PRC
Modification for Reviews, i.e., on the
exporters that supplied that non-PRC
basis of monthly average-to-average
exporter. These deposit requirements,
comparisons using only the transactions when imposed, shall remain in effect
associated with that importer with
until further notice.
offsets being provided for non-dumped
Reimbursement of Duties
comparisons.17
This notice also serves as a final
Where the respondent has reported
reminder to importers of their
reliable entered values, we calculated
responsibility under 19 CFR 351.402(f)
importer (or customer)-specific ad
to file a certificate regarding the
valorem rates by aggregating the
dumping margins calculated for all U.S. reimbursement of antidumping duties
sales to each importer (or customer) and prior to liquidation of the relevant
entries during this POR. Failure to
dividing this amount by the total
comply with this requirement could
entered value of the sales to each
result in the Department’s presumption
importer (or customer).18 Where an
that reimbursement of antidumping
importer- (or customer-) specific ad
duties has occurred and the subsequent
valorem is greater than de minimis, the
assessment of doubled antidumping
Department will instruct CBP to collect
duties.
the appropriate duties at the time of
liquidation.19 Where an importer- (or
Administrative Protective Order
customer-) specific ad valorem is zero or
This notice also serves as a reminder
de minimis, the Department will
to parties subject to administrative
instruct CBP to liquidate appropriate
protective order (‘‘APO’’) of their
responsibility concerning the return or
15 The Shanghai Wells Group consists of
destruction of proprietary information
Shanghai Wells Hanger Co., Ltd., and Hong Kong
Wells Ltd.
disclosed under APO in accordance
16 The PRC-Wide Entity includes, among other
with 19 CFR 351.305, which continues
companies, Shaoxing Liangbao; Pu Jiang; Shaoxing
to govern business proprietary
Shunji; Shaoxing Zhongbao; Shangyu Baoxiang;
information in this segment of the
and Lucky Hanger.
17 See Antidumping Proceeding: Calculation of
proceeding. Timely written notification
the Weighted-Average Dumping Margin and
of the return or destruction of APO
Assessment Rate in Certain Antidumping
materials, or conversion to judicial
Proceedings; Final Modification, 77 FR 8101, 8103
protective order, is hereby requested.
(February 14, 2012) (‘‘Final Modification for
Failure to comply with the regulations
Reviews’’).
18 See
19 See
PO 00000
19 CFR 351.212(b)(1).
id.
Frm 00009
Fmt 4703
Sfmt 4703
20 See
E:\FR\FM\16MYN1.SGM
19 CFR 351.106(c)(2).
16MYN1
Federal Register / Vol. 78, No. 95 / Thursday, May 16, 2013 / Notices
and terms of an APO is a violation
which is subject to sanction.
We are issuing and publishing this
administrative review and notice in
accordance with sections 751(a)(1) and
777(i) of the Act.
Dated: May 7, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix—Issues and Decision
Memorandum
Comment I: Selection of the Surrogate
Country
A. Economic Comparability
B. Significant Producer of Comparable
Merchandise
C. Data Considerations
D. Financial Statements
Comment II: If the Department Continues to
Select the Philippines as the Primary
Surrogate Country, the Department Must
Revise the Value of the Wire Rod and
Change the Financial Ratios
Comment III: Treatment of Mandatory
Respondents That Did Not Participate
[FR Doc. 2013–11682 Filed 5–15–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XC653
Endangered and Threatened Species;
Take of Anadromous Fish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of receipt and request for
comment.
AGENCY:
Notice is hereby given that
NMFS has received an application for a
direct take permit, in the form of a
Hatchery and Genetic Management Plan
(HGMP), pursuant to the Endangered
Species Act of 1973, as amended (ESA).
The application is for a hatchery
program in Idaho, for the propagation of
sockeye salmon. The proposed permit
would be issued for a period of 10 years.
This document serves to notify the
public of the availability of the permit
application for public review, comment,
and submission of written data, views,
arguments, or other relevant
information. This document also serves
to notify the public of NMFS’ intent to
adopt an existing environmental
assessment that addresses the proposed
Snake River sockeye salmon hatchery
program. All comments and other
information received will become part
of the public record and will be
tkelley on DSK3SPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
18:13 May 15, 2013
Jkt 229001
available for review pursuant to section
10(c) of the ESA.
DATES: Comments and other
submissions must be received at the
appropriate address or fax number (see
ADDRESSES) no later than 5 p.m. Pacific
time on June 17, 2013.
ADDRESSES: Written responses to the
application and the proposed adoption
of the associated environmental
assessment should be sent to Craig
Busack, National Marine Fisheries
Services, Salmon Management Division,
1201 N.E. Lloyd Boulevard, Suite 1100,
Portland, OR 97232. Comments may
also be submitted by email to:
SockeyePlan.nwr@noaa.gov. Include in
the subject line of the email comment
the following identifier: Comments on
Snake River sockeye salmon hatchery
plan. Comments may also be sent via
facsimile (fax) to (503) 872–2737. The
permit application and associated
documents are available on the Internet
at www.nwr.noaa.gov. Requests for
copies of the permit application and
associated documents may also be
directed to the National Marine
Fisheries Services, Salmon Management
Division, 1201 NE. Lloyd Boulevard,
Suite 1100, Portland, OR 97232.
Comments received will also be
available for public inspection, by
appointment, during normal business
hours by calling (503) 230–5418.
FOR FURTHER INFORMATION CONTACT:
Craig Busack at (503) 230–5412 or
email: craig.busack@noaa.gov.
SUPPLEMENTARY INFORMATION:
Species Covered in This Notice
Sockeye salmon (Oncorhynchus
nerka): endangered, naturally produced
and artificially propagated Snake River.
Background
Section 9 of the ESA and Federal
regulations prohibit the ‘‘taking’’ of a
species listed as endangered or
threatened. The term ‘‘take’’ is defined
under the ESA to mean harass, harm,
pursue, hunt, shoot, wound, kill, trap,
capture, or collect, or to attempt to
engage in any such conduct. NMFS may
issue permits to take listed species for
any act otherwise prohibited by section
9 for scientific purposes or to enhance
the propagation or survival of the
affected species, under section
10(a)(1)(A) of the ESA. NMFS
regulations governing permits for
threatened and endangered species are
promulgated at 50 CFR 222.307.
On May 15, 2012, NMFS received an
application, including an HGMP, from
the Idaho Department of Fish and Game,
a section 10(a)(1)(A) research/
enhancement permit for continued
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
28805
operation of the Redfish Lake Sockeye
Salmon Captive Propagation program.
The proposed program would
increase the abundance of the listed
species through artificial propagation
and to serve as a safety net to prevent
extinction of the Snake River Sockeye
Salmon Evolutionarily Significant Unit
(ESU), which is listed as endangered
under the ESA. The proposed program
would maintain the Snake River
sockeye salmon broodstock in captivity
in several locations, largely at the
Springfield Hatchery in eastern Idaho,
collect and spawn adult sockeye salmon
returning to the Snake River basin, rear
juveniles, and release eggs, juveniles,
and adult fish into upper Salmon River
basin lakes. The proposed program
would include best management
practices to minimize adverse effects on
the ESU. Best management practices
would include the use of prudent fish
husbandry practices and standard
hatchery protocols to ensure health and
survival of the program fish, selection of
eggs and juveniles in a manner designed
to represent to the greatest extent
possible the entire genetic spectrum of
the founding population, and the
conduct of spawning ground surveys to
estimate natural spawning escapement
and to determine the effects of captivereared fish on spawner distribution and
behavior. An environmental assessment
was prepared pursuant to the National
Environmental Policy Act (NEPA) by
the Bonneville Power Administration
(BPA) for its funding of the Snake River
sockeye salmon hatchery program,
including modifications to the
Springfield Hatchery. Because the BPA
action is substantially the same as the
actions addressed by the proposed ESA
permit, because they are both
administrative actions that allow IDFG
to operate the Snake River sockeye
salmon hatchery program consistent
with the submitted HGMP and the
Springfield Sockeye Hatchery Master
Plan, NMFS proposes to adopt the BPA
environmental assessment to comply
with the NEPA.
Authority
This notice is provided pursuant to
section 10(c) of the ESA. NMFS will
evaluate the application, associated
documents, and comments submitted
thereon to determine whether the
application meets the requirements of
section 10(a)(1)(A) of the ESA. If it is
determined that the requirements are
met, a permit will be issued to IDFG for
the purpose of carrying out the hatchery
program. NMFS will publish a record of
its final action in the Federal Register.
NEPA requires Federal agencies to
conduct an environmental analysis of
E:\FR\FM\16MYN1.SGM
16MYN1
Agencies
[Federal Register Volume 78, Number 95 (Thursday, May 16, 2013)]
[Notices]
[Pages 28803-28805]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11682]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-918]
Steel Wire Garment Hangers From the People's Republic of China:
Final Results of Antidumping Duty Administrative Review, 2010-2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') published the
preliminary results of the third administrative review of the
antidumping duty order on steel wire garment hangers from the People's
Republic of China (``PRC'') on November 8, 2012.\1\ We gave interested
parties an opportunity to comment on the Preliminary Results. Based
upon our analysis of the comments and information received, we made no
changes to the margin calculations for these final results. The final
dumping margins are listed below in the ``Final Results of the
Administrative Review'' section of this notice. The period of review
(``POR'') is October 1, 2010, through September 30, 2011.
---------------------------------------------------------------------------
\1\ See Steel Wire Garment Hangers from the People's Republic of
China: Antidumping Duty Administrative Review, 2010-2011, 77 FR
66952 (November 8, 2012) (``Preliminary Results''), and accompanying
Decision Memorandum.
---------------------------------------------------------------------------
DATES: Effective Date: May 16, 2013.
FOR FURTHER INFORMATION CONTACT: Alan Ray, AD/CVD Operations, Office 9,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone (202)-482-5403.
SUPPLEMENTARY INFORMATION:
Background
The Department published the Preliminary Results on November 8,
2012.\2\ Between December 5, 2012 and December 17, 2012, interested
parties submitted surrogate value data for consideration in the final
results. On January 4, 2013, M&B Metal Products Inc. (``Petitioner''),
submitted a case brief.\3\ On January 9, 2013, Fabriclean Supply Inc.
(``Fabriclean''), a U.S. importer and wholesaler, submitted a rebuttal
brief.\4\ On January 14, 2013, the Department extended the final
results to May 7, 2013.\5\
---------------------------------------------------------------------------
\2\ See id.
\3\ See Letter from Petitioner, Third Administrative Review of
Steel Wire Garment Hangers from China--Petitioner's Case Brief,
dated January 4, 2013.
\4\ See Letter from Fabriclean, Steel Wire Garment Hangers from
China: Rebuttal Brief, dated January 9, 2013.
\5\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
through James Doyle, Office Director, from Kabir Archuletta, Case
Analyst, ``Steel Wire Garment Hangers from the People's Republic of
China: Extension of Deadline for Final Results of Antidumping Duty
Administrative Review,'' dated January 14, 2013.
---------------------------------------------------------------------------
Scope of the Order
The merchandise that is subject to the order is steel wire garment
hangers. 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 as set forth in the order
remains dispositive.\6\
---------------------------------------------------------------------------
\6\ See Notice of Antidumping Duty Order: Steel Wire Garment
Hangers from the People's Republic of China, 73 FR 58111 (October 6,
2008).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by interested
parties in this review are addressed in the Issues and Decision
Memorandum.\7\ A list of the issues which parties raised is attached to
this notice as an Appendix. The Issues and Decision Memorandum is a
public document and is on file in the Central Records Unit (``CRU''),
room 7046 of the main Department of Commerce building, as well as
electronically via Import Administration's Antidumping and
Countervailing Duty Centralized Electronic Service System (``IA
ACCESS''). IA ACCESS is available to registered users at https://iaaccess.trade.gov and in the CRU. In addition, a complete version of
the Issues and Decision Memorandum can be accessed directly on the
internet at https://www.trade.gov/ia/. The signed Issues and Decision
Memorandum and the electronic versions of the Issues and Decision
Memorandum are identical in content.
---------------------------------------------------------------------------
\7\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Import Administration, titled
``Steel Wire Garment Hangers from the People's Republic of China:
Issues and Decision Memorandum for the Final Results of the Third
Administrative Review,'' dated concurrently with this notice
(``Issues and Decision Memorandum'') and hereby adopted by this
notice.
---------------------------------------------------------------------------
Changes Since the Preliminary Results
There have been no changes since Preliminary Results.
Non-Market Economy Country
The PRC has been treated as a non-market economy (``NME'') in every
proceeding conducted by the Department. In accordance with section
771(18)(C)(i) of the Tariff Act of 1930, as amended (``the Act''), any
determination that a foreign country is an NME shall remain in effect
until revoked by the administering authority. The Department has not
revoked the PRC's status as an NME and, accordingly, applied the NME
methodology.
Separate Rates
In the Preliminary Results, the Department determined that the
companies that constitute the Shanghai Wells Group \8\ were affiliated,
would be treated as a single entity, and met the criteria for separate
rate status.\9\ At that time, the Department also determined that the
following companies failed to demonstrate their eligibility for a
separate rate: Shangyu Baoxiang Metal Manufactured Co., Ltd. (``Shangyu
Baoxiang''); Zhejiang Lucky Cloud Hanger Co., Ltd. (``Lucky Hanger'');
Shaoxing Zhongbao Metal Manufactured Co., Ltd. (``Shaoxing
[[Page 28804]]
Zhongbao''); Shaoxing Shunji Metal Clotheshorse Co., Ltd. (``Shaoxing
Shunji''); Pu Jiang County Command Metal Products Co., Ltd (``Pu
Jiang''); and Shaoxing Liangbao Metal Manufactured Co., Ltd.
(``Shaoxing Liangbao'').\10\ We have not received any information since
the issuance of the Preliminary Results that provides a basis for
reconsideration of these determinations. Therefore, the Department
continues to find that only the Shanghai Wells Group satisfies the
criteria for a separate rate and will be treated as a single entity.
---------------------------------------------------------------------------
\8\ The Department previously found that Shanghai Wells Hanger
Co., Ltd. (``Shanghai Wells''), Hong Kong Wells Ltd. (``HK Wells'')
and Hong Kong Wells Ltd. (USA) (``Wells USA'') are affiliated and
that Shanghai Wells and HK Wells comprise a single entity
(collectively, ``Shanghai Wells Group''). Because there were no
changes in this 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).
\9\ See Decision Memorandum at ``Separate Rate Recipients''.
\10\ Id., at ``Separate Rates'' section.
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PRC-Wide Entity and the PRC-Wide Rate
In the Preliminary Results, we determined that those companies
which did not demonstrate eligibility for a separate rate are properly
considered part of the PRC-Wide Entity.\11\ Since the Preliminary
Results, none of the companies which did not file separate-rate
applications or certifications submitted comments regarding this
finding. Therefore, we continue to treat these entities as part of the
PRC-Wide Entity.
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\11\ Id., at ``PRC-Wide Entity and Selection of Adverse Facts
Available (``AFA'') Rate'' sections.
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In the Preliminary Results, the Department calculated the PRC-Wide
Entity Rate using adverse facts available (``AFA'') because (1) the
PRC-Wide Entity withheld requested information, failed to provide
information in a timely manner and in the form requested, and
significantly impeded this proceeding and (2) the PRC-Wide Entity
failed to cooperate to the best of its ability.\12\ In so doing, and
consistent with our practice, the Department relied upon the highest
rate on the record of any segment of the proceeding--187.25
percent.\13\ The Department also corroborated that rate, consistent
with section 776(c) of the Act.\14\ Since the Preliminary Results, no
interested party has submitted any evidence or comments that challenge
the Department's calculation of the PRC-Wide Rate. Therefore, we will
continue to apply a rate of 187.25 percent to the PRC-Wide Entity.
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\12\ The companies that did not cooperate were Shaoxing
Liangbao; Pu Jiang; Shaoxing Shunji; Shaoxing Zhongbao; Shangyu
Baoxiang; and Lucky Hanger.
\13\ Id.
\14\ Id., at ``Corroboration of Information'' section.
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Final Results of the Administrative Review
The weighted-average dumping margins for the POR are as follows:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping margin
(percent)
------------------------------------------------------------------------
Shanghai Wells Group \15\............................... 0.00
PRC-Wide Entity \16\.................................... 187.25
------------------------------------------------------------------------
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\15\ The Shanghai Wells Group consists of Shanghai Wells Hanger
Co., Ltd., and Hong Kong Wells Ltd.
\16\ The PRC-Wide Entity includes, among other companies,
Shaoxing Liangbao; Pu Jiang; Shaoxing Shunji; Shaoxing Zhongbao;
Shangyu Baoxiang; and Lucky Hanger.
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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 this proceeding in
accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b),
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. The Department intends to issue assessment instructions to CBP
15 days after the date of publication of these final results of review.
In these final results, the Department applied the assessment rate
calculation method adopted in Final Modification for Reviews, i.e., on
the basis of monthly average-to-average comparisons using only the
transactions associated with that importer with offsets being provided
for non-dumped comparisons.\17\
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\17\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8103 (February 14,
2012) (``Final Modification for Reviews'').
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Where the respondent has reported reliable entered values, we
calculated importer (or customer)-specific ad valorem rates by
aggregating the dumping margins calculated for all U.S. sales to each
importer (or customer) and dividing this amount by the total entered
value of the sales to each importer (or customer).\18\ Where an
importer- (or customer-) specific ad valorem is greater than de
minimis, the Department will instruct CBP to collect the appropriate
duties at the time of liquidation.\19\ Where an importer- (or customer-
) specific ad valorem is zero or de minimis, the Department will
instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\20\
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\18\ See 19 CFR 351.212(b)(1).
\19\ See id.
\20\ See 19 CFR 351.106(c)(2).
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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 entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) For the Shanghai Wells
Group, the cash deposit rate will be its respective rates established
in the final results of this review, except if the rate is zero or de
minimis no cash deposit will be required; (2) for previously
investigated or reviewed PRC and non-PRC exporters not listed above
that have a separate rate, the cash deposit rate will continue to be
the exporter-specific rate published for the most recent period; (3)
for all PRC exporters of subject merchandise which have not been found
to be entitled to a separate rate, the cash deposit rate will be the
PRC-wide rate of 187.25 percent; and (4) for all non-PRC exporters of
subject merchandise which have not received their own rate, the cash
deposit rate will be the rate applicable to the PRC exporters that
supplied that non-PRC exporter. These deposit requirements, when
imposed, shall remain in effect until further notice.
Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties has occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Order
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 or destruction of
APO materials, or conversion to judicial protective order, is hereby
requested. Failure to comply with the regulations
[[Page 28805]]
and terms of an APO is a violation which is subject to sanction.
We are issuing and publishing this administrative review and notice
in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: May 7, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix--Issues and Decision Memorandum
Comment I: Selection of the Surrogate Country
A. Economic Comparability
B. Significant Producer of Comparable Merchandise
C. Data Considerations
D. Financial Statements
Comment II: If the Department Continues to Select the Philippines as
the Primary Surrogate Country, the Department Must Revise the Value
of the Wire Rod and Change the Financial Ratios
Comment III: Treatment of Mandatory Respondents That Did Not
Participate
[FR Doc. 2013-11682 Filed 5-15-13; 8:45 am]
BILLING CODE 3510-DS-P