Steel Wire Garment Hangers from the People's Republic of China: Final Results of Antidumping Duty Administrative Review and New Shipper Review, 2011-2012, 31298-31301 [2014-12730]

Download as PDF 31298 Federal Register / Vol. 79, No. 105 / Monday, June 2, 2014 / Notices DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE Foreign-Trade Zones Board International Trade Administration [A–570–918] [S–63–2014] sroberts on DSK5SPTVN1PROD with NOTICES Foreign-Trade Zone 163—Ponce, Puerto Rico; Application for Subzone; Correa Tire Distributor, Inc.; Dorado, Puerto Rico An application has been submitted to the Foreign-Trade Zones Board (the Board) by CODEZOL, C.D., grantee of FTZ 163, requesting subzone status for the facility of Correa Tire Distributor, Inc., located in Dorado, Puerto Rico. The application was submitted pursuant to the provisions of the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a– 81u), and the regulations of the Board (15 CFR part 400). It was formally docketed on May 22, 2014. The proposed subzone (1.16 acres) is located at Carretera #2 KM 26.7, Barrio Espinosa, Dorado. No authorization for production activity has been requested at this time. The proposed subzone would be subject to the existing activation limit of FTZ 163. In accordance with the Board’s regulations, Camille Evans of the FTZ Staff is designated examiner to review the application and make recommendations to the Executive Secretary. 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 July 14, 2014. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to July 28, 2014. A copy of the application 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 Camille Evans at Camille.Evans@ trade.gov or (202) 482–2350. Dated: May 22, 2014. Andrew McGilvray, Executive Secretary. [FR Doc. 2014–12706 Filed 5–30–14; 8:45 am] BILLING CODE 3510–DS–P VerDate Mar<15>2010 18:59 May 30, 2014 Jkt 232001 Steel Wire Garment Hangers from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review and New Shipper Review, 2011–2012 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On November 25, 2013, the Department of Commerce (‘‘the Department’’) published the Preliminary Results of the fourth administrative review and new shipper review (‘‘NSR’’) of the antidumping duty order on steel wire garment hangers from the People’s Republic of China (‘‘PRC’’).1 We invited parties to comment on the Preliminary Results. Based on our analysis of the comments and information received, we made changes to the final margin calculations of Shanghai Wells Hanger Co., Ltd. (‘‘Shanghai Wells’’) 2 and Hangzhou Yingqing Material Co. Ltd. (‘‘Yingqing’’), as noted below. Listed below in the ‘‘Final Results of the Administrative and New Shipper Reviews’’ section of this notice are the final dumping margins. The period of review (‘‘POR’’) is October 1, 2011, through September 31, 2012. DATES: Effective Date: June 2, 2014. FOR FURTHER INFORMATION CONTACT: Frances Veith or Josh Startup, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–4295 or (202) 482– 5260, respectively. SUPPLEMENTARY INFORMATION: AGENCY: 1 See Steel Wire Garment Hangers From the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review and New Shipper Review; 2011–2012, 78 FR 70271 (November 25, 2013) (‘‘Preliminary Results’’). 2 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. Because there were no changes in this review to the facts that supported that decision, 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). PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 Background The Department published the Preliminary Results on November 25, 2013. Between January 6, 2014, and January 16, 2014, interested parties submitted surrogate value (‘‘SV’’) data for consideration in the final results. The Department conducted the verification of Shanghai Wells on December 10 through 13, 2013, in Shanghai, China, and December 16, through 18, 2013, in Hong Kong.3 On February 24, 2014, M&B Metal Products Inc. (‘‘Petitioner’’) and Fabriclean Supply Inc. (‘‘Fabriclean’’), a U.S. importer and wholesaler, submitted case briefs in the administrative review; and Petitioner and Hangzhou Yingqing Material Co. Ltd. (‘‘Yingqing’’) submitted case briefs in the NSR. On March 4, 2014, Petitioner and Fabriclean submitted rebuttal briefs in the administrative review; and Petitioner and Yingqing submitted rebuttal case briefs in the NSR. On January 15, 2014, the Department extended the final results to May 27, 2014.4 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 remains dispositive. A full description of the scope of the order is contained in the Issues and Decision Memorandum,5 which is hereby adopted by this notice. Respondent Selection On December 13, 2012, Petitioner submitted comments on respondent selection that also included allegations pertaining to certain shipments of 3 See the Department’s Memorandum titled, ‘‘Verification of the Sales and Factors Responses of Shanghai Wells Hangers Co., Ltd. (‘‘Shanghai Wells’’) in the Administrative Review of the Antidumping Duty Order on Steel Wire Garment Hangers (‘‘Hangers’’) from the People’s Republic of China,’’ dated January 27, 2014. 4 See the Department’s Memorandum titled, ‘‘Steel Wire Garment Hangers from the People’s Republic of China: Extension of Deadline for Final Results of Antidumping Duty Administrative Review and New Shipper Review,’’ dated January 15, 2014. 5 See the Department’s Memorandum, titled ‘‘Steel Wire Garment Hangers from the People’s Republic of China: Issues and Decision Memorandum for the Final Results of the Fourth Antidumping Duty Administrative Review and New Shipper Review’’ dated concurrently with this notice (‘‘Issues and Decision Memorandum’’). E:\FR\FM\02JNN1.SGM 02JNN1 Federal Register / Vol. 79, No. 105 / Monday, June 2, 2014 / Notices subject merchandise that entered during the POR. Petitioner questions whether the antidumping duty rate applied to these shipments upon entry is correct.6 The Department intends to refer this information to U.S. Customs and Border Protection (‘‘CBP’’) for further investigation. Analysis of Comments Received All issues raised in the case and rebuttal briefs by interested parties in these reviews are addressed in the Issues and Decision Memorandum. 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 Enforcement and Compliance’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/enforcement/. 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 Based on comments parties submitted regarding our Preliminary Results, we made changes to the surrogate financial ratio calculations for both respondents, the steel wire rod SV for Shanghai Wells, and the hydrochloric acid SV for Yingqing.7 Additionally, we used the importer field to calculate Shanghai Wells’ importer-specific assessment rates.8 In the Preliminary Results, the Department determined that Shanghai Wells and the new shipper, Yingqing, met the criteria for separate rate status.9 At that time, seven companies failed to respond to the Department’s request for information and/or declined to participate in the administrative review.10 Therefore, the Department also determined that the following seven companies failed to demonstrate their eligibility for a separate rate: (1) Shaoxing Dingli Metal Clotheshorse Co., Ltd., (2) Shaoxing Tongzhou Metal Manufactured Co., Ltd., (3) Shaoxing Andrew Metal Manufactured Co., Ltd., (4) Shaoxing Gangyuan Metal Manufacture, (5) Shaoxing Shunji Metal Clotheshorse Co., Ltd., (6) Shaoxing Guochao Metallic Products Co., Ltd., and (7) Ningbo Dasheng Hanger Ind. Co., Ltd.11 Additionally, the Department preliminarily determined that, because Shanghai Jianhai International Trade Co., Ltd. (‘‘Jianhai’’) and Hangzhou Qingqing Mechanical Co. Ltd. (‘‘Qingqing’’) did not file a separate rate application or certification, or a no shipments certification, Jianhai and Qingqing did not demonstrate their eligibility for a separate rate, and are also part of the PRC-wide entity.12 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 Yingqing and Shanghai Wells satisfy the criteria for a separate rate. PRC-wide Entity and the PRC-wide Rate The Department treated the PRC 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, we applied the NME methodology. In the Preliminary Results, we determined that those companies which did not demonstrate eligibility for a separate rate are part of the PRC-wide Entity.13 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. Further, in the Preliminary Results, seven of the companies the Department selected as mandatory respondents in the administrative review failed to respond to the Department’s requests for information and/or declined to 6 See Letter from Petitioner to the Secretary of Commerce ‘‘Comments on Respondent Selection’’ (December 13, 2012) at 3–4 and Exhibit 3. 7 See Issues and Decision Memorandum, at Comments 2, 4, 7, 8, and 9. 8 Id., at Comment 12. 9 See Preliminary Results, and accompanying Preliminary Decision Memorandum at 9–10. 10 Id., 78 FR at 70272. 11 Id. 12 Id. 13 Id. Non-Market Economy Country sroberts on DSK5SPTVN1PROD with NOTICES Separate Rates VerDate Mar<15>2010 18:59 May 30, 2014 Jkt 232001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 31299 participate in this review.14 These companies, therefore, are not eligible for separate-rate status.15 Accordingly, the Department determines that the PRCwide entity includes these seven companies. We also continue to find the PRC-wide entity continues to include the 10 companies Petitioner submitted a timely request for withdraw of review, but which did not have a separate rate.16 In addition, in the Preliminary Results, the Department calculated the PRC-wide Entity Rate using adverse facts available (‘‘AFA’’) because: (1) The PRC-wide Entity, which includes these seven companies, 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, which includes these seven companies, failed to cooperate to the best of its ability.17 In so doing, and consistent with our practice, the Department relied upon the highest rate on the record of any segment of the proceeding, i.e., 187.25 percent.18 The Department also corroborated that rate, consistent with section 776(c) of the Act.19 Since the Preliminary Results, no interested party submitted any evidence or comments that challenge the Department’s determination 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 and New Shipper Reviews Regarding the administrative review, the following weighted-average dumping margins exist for the period 14 These seven companies are: (1) Shaoxing Dingli Metal Clotheshorse Co., Ltd., (2) Shaoxing Tongzhou Metal Manufactured Co., Ltd., (3) Shaoxing Andrew Metal Manufactured Co., Ltd., (4) Shaoxing Gangyuan Metal Manufacture, (5) Shaoxing Shunji Metal Clotheshorse Co., Ltd., (6) Shaoxing Guochao Metallic Products Co., Ltd., and (7) Ningbo Dasheng Hanger Ind. Co., Ltd. 15 See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 77 FR 71575 (December 3, 2012). 16 See Preliminary Results, and accompanying Preliminary Decision Memorandum at PRC-wide Entity section. The ten companies are: Liaoning Metals & Mineral Imp/Exp Corp., Shanghai Guoxing Metal Products Co. Ltd., Shanghai Lian Development Co. Ltd., Shanghai Shuang Qiang Embroidery Factory, Shangyu Baoxiang Metal Manufactured Co. Ltd., Shang Zhou Leather Shoes Plant, Shaoxing Shuren Tie Co., Ltd., Shaoxing Zhongbao Metal Manufactured Co., Ltd., Shaoxing Zhongdi Foreign Trade Co., Ltd., Zhejiang Lucky Cloud Hanger Co., Ltd. 17 See sections 776(a)(2)(A), (B), (C) and 776(b) of the Act. 18 Id. 19 See Preliminary Results, and accompanying Preliminary Decision Memorandum at ‘‘Corroboration of Information’’ section. E:\FR\FM\02JNN1.SGM 02JNN1 31300 Federal Register / Vol. 79, No. 105 / Monday, June 2, 2014 / Notices October 1, 2011, through September 30, 2012: Weightedaverage margin (%) Exporter Shanghai Wells Hanger Co., Ltd.20 ..................................... PRC-wide Entity 21 .................... Regarding the NSR, the following weighted-average dumping margin exists for the period October 1, 2011, through September 30, 2012: 2.52 187.25 Exporter Producer Weighted-average margin (%) Hangzhou Yingqing Material Co. Ltd. .................................. Hangzhou Qingqing Mechanical Co. Ltd. ............................ 40.99 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 liquidate appropriate entries without regard to antidumping duties.25 The Department announced a refinement to its assessment practice in non-market economy cases. Pursuant to this refinement in practice, for entries that were not reported in the U.S. sales databases submitted by companies individually examined during this review, the Department will instruct CBP to liquidate such entries at the PRC-wide rate. Additionally, if the Department determines that an exporter had no shipments of the subject merchandise, any suspended entries that entered under that exporter’s case number (i.e., at that exporter’s rate) will be liquidated at the PRC-wide rate.26 sroberts on DSK5SPTVN1PROD with NOTICES Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), the Department will determine, and 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. Where the respondent 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).22 Where the Department calculated a weightedaverage dumping margin by dividing the total amount of dumping for reviewed sales to that party by the total sales quantity associated with those transactions, the Department will direct CBP to assess importer-specific assessment rates based on the resulting per-unit rates.23 Where an importer- (or customer-) specific ad valorem or perunit rate is greater than de minimis, the Department will instruct CBP to collect the appropriate duties at the time of liquidation.24 Where an importer- (or customer-) specific ad valorem or perunit rate is zero or de minimis, the Department will instruct CBP to Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of these reviews for shipments of the subject merchandise from the PRC 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 companies listed above, the cash deposit rate will be established in the final results of these reviews (except, if the rate is zero or de minimis, then zero cash deposit will be required); (2) for previously investigated or reviewed PRC and non-PRC exporters not listed above that received a separate rate in a prior segment of this proceeding, 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 that 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 nonPRC exporters of subject merchandise 20 Shanghai Wells consists of Shanghai Wells Hanger Co., Ltd., and Hong Kong Wells Ltd. 21 The PRC-wide entity includes all companies for which the Department initiated a review but did not establish their eligibility for a separate rate: (1) Shaoxing Dingli Metal Clotheshorse Co., Ltd., (2) Shaoxing Tongzhou Metal Manufactured Co., Ltd., (3) Shaoxing Andrew Metal Manufactured Co., Ltd., (4) Shaoxing Gangyuan Metal Manufacture, (5) Shaoxing Shunji Metal Clotheshorse Co., Ltd., (6) Shaoxing Guochao Metallic Products Co., Ltd., (7) Shanghai Jianhai International Trade Co., Ltd., (8) Ningbo Dasheng Hanger Ind. Co., Ltd., (9) Liaoning Metals & Mineral Imp/Exp Corp., (10) Shanghai Guoxing Metal Products Co. Ltd., (11) Shanghai Lian Development Co. Ltd., (12) Shanghai Shuang Qiang Embroidery Factory, (13) Shangyu Baoxiang Metal Manufactured Co. Ltd., (14) Shang Zhou Leather Shoes Plant, (15) Shaoxing Shuren Tie Co., Ltd., (16) Shaoxing Zhongbao Metal Manufactured VerDate Mar<15>2010 18:59 May 30, 2014 Jkt 232001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter that supplied that non-PRC exporter. With respect to Yingqing, the NSR respondent, the Department established a combination cash deposit rate for this company consistent with its practice as follows: (1) For subject merchandise produced by Qingqing and exported by Yingqing, the cash deposit rate will be the rate established for Yingqing in the final results of the NSR; (2) for subject merchandise exported by Yingqing, but not produced by Qingqing, the cash deposit rate will be the rate for the PRCwide entity; and (3) for subject merchandise produced by Qingqing but not exported by Yingqing, the cash deposit rate will be the rate applicable to the exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information Co., Ltd., (17) Shaoxing Zhongdi Foreign Trade Co., Ltd., (18) Zhejiang Lucky Cloud Hanger Co., Ltd., and (19) Hangzhou Qingqing Mechanical Co. Ltd. 22 See 19 CFR 351.212(b)(1). 23 Id. 24 Id. 25 See 19 CFR 351.106(c)(2). 26 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). E:\FR\FM\02JNN1.SGM 02JNN1 Federal Register / Vol. 79, No. 105 / Monday, June 2, 2014 / Notices disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. We request a timely written notification of the return or destruction of APO materials, or conversion to judicial protective order. Failure to comply with the regulations 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 27, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix—Issues and Decision Memorandum Comment 1: Selection of the Surrogate Country Comment 2: Selection of Financial Statements Comment 3: Whether to Apply Fact Available to the Drapery Tubes and Trouser Guards Shipped Separately by Shanghai Wells Comment 4: Valuation of Wire Rod Comment 5: Valuation of Brokerage and Handling (‘‘B&H’’) Comment 6: Calculation of Truck Freight Comment 7: Calculation of Financial Ratios Comment 8: Valuation of Hydrochloric Acid (‘‘HCL’’) Comment 9: Valuation of Thinner Comment 10: Valuation of Paint Comment 11: Valuation of Corrugated Paperboard Comment 12: Assigning Adverse Facts Available (‘‘AFA’’) to the Seven Mandatory Respondents That Failed to Respond to the Department’s Questionnaire Comment 13: Calculating Importer-Specific Assessment Rates Using the Importer Field Rather than the Customer Field Comment 14: Rejection of Yingqing’s Factual Submission After the Preliminary Results [FR Doc. 2014–12730 Filed 5–30–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration sroberts on DSK5SPTVN1PROD with NOTICES [A–533–847, A–570–934] 1-Hydroxyethylidene-1, 1Diphosphonic (HEDP) Acid from India and the People’s Republic of China: Final Results of Sunset Reviews and Revocation of Antidumping Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On March 3, 2014, the Department of Commerce (‘‘the Department’’) initiated the sunset AGENCY: VerDate Mar<15>2010 18:59 May 30, 2014 Jkt 232001 reviews of the antidumping duty orders on 1-hydroxyethylidene-1, 1diphosphonic acid (‘‘HEDP’’) from India and the People’s Republic of China (‘‘PRC’’). Because the domestic interested parties did not participate in these sunset reviews, the Department is revoking these antidumping duty orders. DATES: Effective Date: June 2, 2014. FOR FURTHER INFORMATION CONTACT: Charles Riggle, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0650. SUPPLEMENTARY INFORMATION: Background On April 28, 2009, the Department issued antidumping duty orders on HEDP from India and the PRC.1 On March 3, 2014, the Department initiated sunset reviews of these orders.2 We did not receive a notice of intent to participate from domestic interested parties in these sunset reviews by the deadline date. As a result, in accordance with 19 CFR 351.218(d)(1)(iii)(A), the Department determined that no domestic interested party intends to participate in these sunset reviews, and on March 24, 2014, we notified the International Trade Commission, in writing, that we intended to issue a final determination revoking these antidumping duty orders.3 Scope of the Orders The merchandise subject to the orders includes all grades of aqueous, acidic (non-neutralized) concentrations of 1hydroxyethylidene-1, 1-diphosphonic acid,4 also referred to as hydroxethlylidenediphosphonic acid, hydroxyethanediphosphonic acid, acetodiphosphonic acid, and etidronic acid. The CAS (Chemical Abstract Service) registry number for HEDP is 2809–21–4. The merchandise subject to the order is currently classified in the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) at subheading 1 See 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from India and the People’s Republic of China: Antidumping Duty Orders, 74 FR 19197 (April 28, 2009). 2 See Initiation of Five-Year (‘‘Sunset’’) Review, 79 FR 11762 (March 3, 2014). 3 See 19 CFR 351.218(d)(1)(iii)(B)(2). Because the original deadline for notifying the International Trade Commission fell on a Sunday, the deadline for doing so was March 24, 2014. See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). 4 C H O P or C(CH )(OH)(PO H ) . 2 8 7 2 3 3 2 2 PO 00000 Frm 00019 Fmt 4703 Sfmt 9990 31301 2931.00.9043. It may also enter under HTSUS subheading 2811.19.6090. While HTSUS subheadings are provided for convenience and customs purposes only, the written description of the scope of the order is dispositive. Revocation Pursuant to section 751(c)(3)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’) and 19 CFR 351.218(d)(1)(iii)(B)(3), if no domestic interested party files a notice of intent to participate, the Department shall, within 90 days after the initiation of the review, issue a final determination revoking the order. Because no domestic interested party filed a notice of intent to participate, the Department finds that no domestic interested party is participating in these sunset reviews. Therefore, we are revoking the antidumping duty orders on HEDP from India and the PRC. Effective Date of Revocation The effective date of revocation is April 28, 2014, the fifth anniversary of the date of publication in the Federal Register of these antidumping duty orders. Pursuant to section 751(c)(3)(A) of the Act and 19 CFR 351.222(i)(2)(i), the Department intends to issue instructions to U.S. Customs and Border Protection, 15 days after publication of this notice, to terminate the suspension of liquidation of the merchandise subject to these orders entered, or withdrawn from warehouse, for consumption on or after April 28, 2014. Entries of subject merchandise prior to the effective date of revocation will continue to be subject to suspension of liquidation and antidumping duty deposit requirements. The Department will complete any pending administrative reviews of these orders and will conduct administrative reviews of subject merchandise entered prior to the effective date of revocation in response to appropriately filed requests of review. These final results of the five-year (sunset) reviews and notice are published in accordance with sections 751(c) and 777(i)(1) of the Act. Dated: May 21, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2014–12728 Filed 5–30–14; 8:45 am] BILLING CODE 3510–DS–P E:\FR\FM\02JNN1.SGM 02JNN1

Agencies

[Federal Register Volume 79, Number 105 (Monday, June 2, 2014)]
[Notices]
[Pages 31298-31301]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12730]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-918]


Steel Wire Garment Hangers from the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review and New Shipper 
Review, 2011-2012

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On November 25, 2013, the Department of Commerce (``the 
Department'') published the Preliminary Results of the fourth 
administrative review and new shipper review (``NSR'') of the 
antidumping duty order on steel wire garment hangers from the People's 
Republic of China (``PRC'').\1\ We invited parties to comment on the 
Preliminary Results. Based on our analysis of the comments and 
information received, we made changes to the final margin calculations 
of Shanghai Wells Hanger Co., Ltd. (``Shanghai Wells'') \2\ and 
Hangzhou Yingqing Material Co. Ltd. (``Yingqing''), as noted below. 
Listed below in the ``Final Results of the Administrative and New 
Shipper Reviews'' section of this notice are the final dumping margins. 
The period of review (``POR'') is October 1, 2011, through September 
31, 2012.
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    \1\ See Steel Wire Garment Hangers From the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative Review 
and New Shipper Review; 2011-2012, 78 FR 70271 (November 25, 2013) 
(``Preliminary Results'').
    \2\ 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. Because 
there were no changes in this review to the facts that supported 
that decision, 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).

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DATES: Effective Date: June 2, 2014.

FOR FURTHER INFORMATION CONTACT: Frances Veith or Josh Startup, AD/CVD 
Operations, Office V, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 14th Street and Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-4295 or (202) 
482-5260, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the Preliminary Results on November 25, 
2013. Between January 6, 2014, and January 16, 2014, interested parties 
submitted surrogate value (``SV'') data for consideration in the final 
results. The Department conducted the verification of Shanghai Wells on 
December 10 through 13, 2013, in Shanghai, China, and December 16, 
through 18, 2013, in Hong Kong.\3\ On February 24, 2014, M&B Metal 
Products Inc. (``Petitioner'') and Fabriclean Supply Inc. 
(``Fabriclean''), a U.S. importer and wholesaler, submitted case briefs 
in the administrative review; and Petitioner and Hangzhou Yingqing 
Material Co. Ltd. (``Yingqing'') submitted case briefs in the NSR. On 
March 4, 2014, Petitioner and Fabriclean submitted rebuttal briefs in 
the administrative review; and Petitioner and Yingqing submitted 
rebuttal case briefs in the NSR. On January 15, 2014, the Department 
extended the final results to May 27, 2014.\4\
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    \3\ See the Department's Memorandum titled, ``Verification of 
the Sales and Factors Responses of Shanghai Wells Hangers Co., Ltd. 
(``Shanghai Wells'') in the Administrative Review of the Antidumping 
Duty Order on Steel Wire Garment Hangers (``Hangers'') from the 
People's Republic of China,'' dated January 27, 2014.
    \4\ See the Department's Memorandum titled, ``Steel Wire Garment 
Hangers from the People's Republic of China: Extension of Deadline 
for Final Results of Antidumping Duty Administrative Review and New 
Shipper Review,'' dated January 15, 2014.
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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 remains dispositive. A full 
description of the scope of the order is contained in the Issues and 
Decision Memorandum,\5\ which is hereby adopted by this notice.
---------------------------------------------------------------------------

    \5\ See the Department's Memorandum, titled ``Steel Wire Garment 
Hangers from the People's Republic of China: Issues and Decision 
Memorandum for the Final Results of the Fourth Antidumping Duty 
Administrative Review and New Shipper Review'' dated concurrently 
with this notice (``Issues and Decision Memorandum'').
---------------------------------------------------------------------------

Respondent Selection

    On December 13, 2012, Petitioner submitted comments on respondent 
selection that also included allegations pertaining to certain 
shipments of

[[Page 31299]]

subject merchandise that entered during the POR. Petitioner questions 
whether the antidumping duty rate applied to these shipments upon entry 
is correct.\6\ The Department intends to refer this information to U.S. 
Customs and Border Protection (``CBP'') for further investigation.
---------------------------------------------------------------------------

    \6\ See Letter from Petitioner to the Secretary of Commerce 
``Comments on Respondent Selection'' (December 13, 2012) at 3-4 and 
Exhibit 3.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by interested 
parties in these reviews are addressed in the Issues and Decision 
Memorandum. 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 Enforcement and Compliance'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/enforcement/. 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

    Based on comments parties submitted regarding our Preliminary 
Results, we made changes to the surrogate financial ratio calculations 
for both respondents, the steel wire rod SV for Shanghai Wells, and the 
hydrochloric acid SV for Yingqing.\7\ Additionally, we used the 
importer field to calculate Shanghai Wells' importer-specific 
assessment rates.\8\
---------------------------------------------------------------------------

    \7\ See Issues and Decision Memorandum, at Comments 2, 4, 7, 8, 
and 9.
    \8\ Id., at Comment 12.
---------------------------------------------------------------------------

Non-Market Economy Country

    The Department treated the PRC 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, we applied 
the NME methodology.

Separate Rates

    In the Preliminary Results, the Department determined that Shanghai 
Wells and the new shipper, Yingqing, met the criteria for separate rate 
status.\9\ At that time, seven companies failed to respond to the 
Department's request for information and/or declined to participate in 
the administrative review.\10\ Therefore, the Department also 
determined that the following seven companies failed to demonstrate 
their eligibility for a separate rate: (1) Shaoxing Dingli Metal 
Clotheshorse Co., Ltd., (2) Shaoxing Tongzhou Metal Manufactured Co., 
Ltd., (3) Shaoxing Andrew Metal Manufactured Co., Ltd., (4) Shaoxing 
Gangyuan Metal Manufacture, (5) Shaoxing Shunji Metal Clotheshorse Co., 
Ltd., (6) Shaoxing Guochao Metallic Products Co., Ltd., and (7) Ningbo 
Dasheng Hanger Ind. Co., Ltd.\11\ Additionally, the Department 
preliminarily determined that, because Shanghai Jianhai International 
Trade Co., Ltd. (``Jianhai'') and Hangzhou Qingqing Mechanical Co. Ltd. 
(``Qingqing'') did not file a separate rate application or 
certification, or a no shipments certification, Jianhai and Qingqing 
did not demonstrate their eligibility for a separate rate, and are also 
part of the PRC-wide entity.\12\
---------------------------------------------------------------------------

    \9\ See Preliminary Results, and accompanying Preliminary 
Decision Memorandum at 9-10.
    \10\ Id., 78 FR at 70272.
    \11\ Id.
    \12\ Id.
---------------------------------------------------------------------------

    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 
Yingqing and Shanghai Wells satisfy the criteria for a separate rate.

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 part of 
the PRC-wide Entity.\13\ 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.
---------------------------------------------------------------------------

    \13\ Id.
---------------------------------------------------------------------------

    Further, in the Preliminary Results, seven of the companies the 
Department selected as mandatory respondents in the administrative 
review failed to respond to the Department's requests for information 
and/or declined to participate in this review.\14\ These companies, 
therefore, are not eligible for separate-rate status.\15\ Accordingly, 
the Department determines that the PRC-wide entity includes these seven 
companies. We also continue to find the PRC-wide entity continues to 
include the 10 companies Petitioner submitted a timely request for 
withdraw of review, but which did not have a separate rate.\16\
---------------------------------------------------------------------------

    \14\ These seven companies are: (1) Shaoxing Dingli Metal 
Clotheshorse Co., Ltd., (2) Shaoxing Tongzhou Metal Manufactured 
Co., Ltd., (3) Shaoxing Andrew Metal Manufactured Co., Ltd., (4) 
Shaoxing Gangyuan Metal Manufacture, (5) Shaoxing Shunji Metal 
Clotheshorse Co., Ltd., (6) Shaoxing Guochao Metallic Products Co., 
Ltd., and (7) Ningbo Dasheng Hanger Ind. Co., Ltd.
    \15\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 77 FR 
71575 (December 3, 2012).
    \16\ See Preliminary Results, and accompanying Preliminary 
Decision Memorandum at PRC-wide Entity section. The ten companies 
are: Liaoning Metals & Mineral Imp/Exp Corp., Shanghai Guoxing Metal 
Products Co. Ltd., Shanghai Lian Development Co. Ltd., Shanghai 
Shuang Qiang Embroidery Factory, Shangyu Baoxiang Metal Manufactured 
Co. Ltd., Shang Zhou Leather Shoes Plant, Shaoxing Shuren Tie Co., 
Ltd., Shaoxing Zhongbao Metal Manufactured Co., Ltd., Shaoxing 
Zhongdi Foreign Trade Co., Ltd., Zhejiang Lucky Cloud Hanger Co., 
Ltd.
---------------------------------------------------------------------------

    In addition, in the Preliminary Results, the Department calculated 
the PRC-wide Entity Rate using adverse facts available (``AFA'') 
because: (1) The PRC-wide Entity, which includes these seven companies, 
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, which includes these seven 
companies, failed to cooperate to the best of its ability.\17\ In so 
doing, and consistent with our practice, the Department relied upon the 
highest rate on the record of any segment of the proceeding, i.e., 
187.25 percent.\18\ The Department also corroborated that rate, 
consistent with section 776(c) of the Act.\19\ Since the Preliminary 
Results, no interested party submitted any evidence or comments that 
challenge the Department's determination of the PRC-wide Rate. 
Therefore, we will continue to apply a rate of 187.25 percent to the 
PRC-wide Entity.
---------------------------------------------------------------------------

    \17\ See sections 776(a)(2)(A), (B), (C) and 776(b) of the Act.
    \18\ Id.
    \19\ See Preliminary Results, and accompanying Preliminary 
Decision Memorandum at ``Corroboration of Information'' section.
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Final Results of the Administrative and New Shipper Reviews

    Regarding the administrative review, the following weighted-average 
dumping margins exist for the period

[[Page 31300]]

October 1, 2011, through September 30, 2012:

------------------------------------------------------------------------
                                                              Weighted-
                          Exporter                             average
                                                              margin (%)
------------------------------------------------------------------------
Shanghai Wells Hanger Co., Ltd.\20\........................         2.52
PRC-wide Entity \21\.......................................       187.25
------------------------------------------------------------------------

    Regarding the NSR, the following weighted-average dumping margin 
exists for the period October 1, 2011, through September 30, 2012:

---------------------------------------------------------------------------

    \20\ Shanghai Wells consists of Shanghai Wells Hanger Co., Ltd., 
and Hong Kong Wells Ltd.
    \21\ The PRC-wide entity includes all companies for which the 
Department initiated a review but did not establish their 
eligibility for a separate rate: (1) Shaoxing Dingli Metal 
Clotheshorse Co., Ltd., (2) Shaoxing Tongzhou Metal Manufactured 
Co., Ltd., (3) Shaoxing Andrew Metal Manufactured Co., Ltd., (4) 
Shaoxing Gangyuan Metal Manufacture, (5) Shaoxing Shunji Metal 
Clotheshorse Co., Ltd., (6) Shaoxing Guochao Metallic Products Co., 
Ltd., (7) Shanghai Jianhai International Trade Co., Ltd., (8) Ningbo 
Dasheng Hanger Ind. Co., Ltd., (9) Liaoning Metals & Mineral Imp/Exp 
Corp., (10) Shanghai Guoxing Metal Products Co. Ltd., (11) Shanghai 
Lian Development Co. Ltd., (12) Shanghai Shuang Qiang Embroidery 
Factory, (13) Shangyu Baoxiang Metal Manufactured Co. Ltd., (14) 
Shang Zhou Leather Shoes Plant, (15) Shaoxing Shuren Tie Co., Ltd., 
(16) Shaoxing Zhongbao Metal Manufactured Co., Ltd., (17) Shaoxing 
Zhongdi Foreign Trade Co., Ltd., (18) Zhejiang Lucky Cloud Hanger 
Co., Ltd., and (19) Hangzhou Qingqing Mechanical Co. Ltd.

------------------------------------------------------------------------
                                                      Weighted-average
           Exporter                  Producer            margin (%)
------------------------------------------------------------------------
Hangzhou Yingqing Material Co.  Hangzhou Qingqing                 40.99
 Ltd..                           Mechanical Co.
                                 Ltd..
------------------------------------------------------------------------

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 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.
    Where the respondent 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).\22\ Where the 
Department calculated a weighted-average dumping margin by dividing the 
total amount of dumping for reviewed sales to that party by the total 
sales quantity associated with those transactions, the Department will 
direct CBP to assess importer-specific assessment rates based on the 
resulting per-unit rates.\23\ Where an importer- (or customer-) 
specific ad valorem or per-unit rate is greater than de minimis, the 
Department will instruct CBP to collect the appropriate duties at the 
time of liquidation.\24\ Where an importer- (or customer-) specific ad 
valorem or per-unit rate is zero or de minimis, the Department will 
instruct CBP to liquidate appropriate entries without regard to 
antidumping duties.\25\
---------------------------------------------------------------------------

    \22\ See 19 CFR 351.212(b)(1).
    \23\ Id.
    \24\ Id.
    \25\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    The Department announced a refinement to its assessment practice in 
non-market economy cases. Pursuant to this refinement in practice, for 
entries that were not reported in the U.S. sales databases submitted by 
companies individually examined during this review, the Department will 
instruct CBP to liquidate such entries at the PRC-wide rate. 
Additionally, if the Department determines that an exporter had no 
shipments of the subject merchandise, any suspended entries that 
entered under that exporter's case number (i.e., at that exporter's 
rate) will be liquidated at the PRC-wide rate.\26\
---------------------------------------------------------------------------

    \26\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of these reviews for shipments of the 
subject merchandise from the PRC 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 companies listed above, 
the cash deposit rate will be established in the final results of these 
reviews (except, if the rate is zero or de minimis, then zero cash 
deposit will be required); (2) for previously investigated or reviewed 
PRC and non-PRC exporters not listed above that received a separate 
rate in a prior segment of this proceeding, 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 that 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 
exporter that supplied that non-PRC exporter.
    With respect to Yingqing, the NSR respondent, the Department 
established a combination cash deposit rate for this company consistent 
with its practice as follows: (1) For subject merchandise produced by 
Qingqing and exported by Yingqing, the cash deposit rate will be the 
rate established for Yingqing in the final results of the NSR; (2) for 
subject merchandise exported by Yingqing, but not produced by Qingqing, 
the cash deposit rate will be the rate for the PRC-wide entity; and (3) 
for subject merchandise produced by Qingqing but not exported by 
Yingqing, the cash deposit rate will be the rate applicable to the 
exporter.
    These deposit requirements, when imposed, shall remain in effect 
until further notice.

Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information

[[Page 31301]]

disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. We request a timely written notification of the return or 
destruction of APO materials, or conversion to judicial protective 
order. Failure to comply with the regulations 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 27, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--Issues and Decision Memorandum

Comment 1: Selection of the Surrogate Country
Comment 2: Selection of Financial Statements
Comment 3: Whether to Apply Fact Available to the Drapery Tubes and 
Trouser Guards Shipped Separately by Shanghai Wells
Comment 4: Valuation of Wire Rod
Comment 5: Valuation of Brokerage and Handling (``B&H'')
Comment 6: Calculation of Truck Freight
Comment 7: Calculation of Financial Ratios
Comment 8: Valuation of Hydrochloric Acid (``HCL'')
Comment 9: Valuation of Thinner
Comment 10: Valuation of Paint
Comment 11: Valuation of Corrugated Paperboard
Comment 12: Assigning Adverse Facts Available (``AFA'') to the Seven 
Mandatory Respondents That Failed to Respond to the Department's 
Questionnaire
Comment 13: Calculating Importer-Specific Assessment Rates Using the 
Importer Field Rather than the Customer Field
Comment 14: Rejection of Yingqing's Factual Submission After the 
Preliminary Results

[FR Doc. 2014-12730 Filed 5-30-14; 8:45 am]
BILLING CODE 3510-DS-P