Steel Wire Garment Hangers From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2013-2014, 41480-41481 [2015-17367]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 80, Number 135 (Wednesday, July 15, 2015)]
[Notices]
[Pages 41480-41481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17367]



[[Page 41480]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-918]


Steel Wire Garment Hangers From the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review; 2013-
2014

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

SUMMARY: The Department of Commerce (the ``Department'') is conducting 
the sixth administrative review of the antidumping duty order on steel 
wire garment hangers from the People's Republic of China (``PRC'').\1\ 
The Department individually reviewed two respondents, Shanghai 
Wells,\2\ and Ningbo Dasheng Hanger Ind. Co., Ltd., (``Ningbo 
Dasheng''). The Department preliminarily determines that Shanghai Wells 
sold subject merchandise in the United States at prices below normal 
value during the period of review (``POR''), October 1, 2013, through 
September 30, 2014, and that Ningbo Dasheng is not eligible for a 
separate and, therefore, is considered part of the PRC-wide entity.\3\ 
If these preliminary results are adopted in our final results of 
review, we will instruct U.S. Customs and Border Protection (``CBP'') 
to assess antidumping duties on all appropriate entries of subject 
merchandise during the POR. We invite interested parties to comment on 
these preliminary results.
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    \1\ See Notice of Antidumping Duty Order: Steel Wire Garment 
Hangers from the People's Republic of China, 73 FR 58111 (October 6, 
2008) (``Order'').
    \2\ The Department previously found that Shanghai Wells Hanger 
Co., Ltd., Hong Kong Wells Ltd. (``HK Wells'') and Hong Kong Wells 
Ltd. (USA) (``Wells USA'') are affiliated and that Shanghai Wells 
Hanger Co., Ltd. and HK Wells comprise a single entity 
(collectively, ``Shanghai Wells''). Because there were no changes in 
this review to the facts that supported that decision, we continue 
to find Shanghai Wells Hanger Co., Ltd., HK Wells, and USA Wells are 
affiliated and that Shanghai Wells Hanger Co., Ltd. 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).
    \3\ See Steel Wire Garment Hangers from the People's Republic of 
China: Decision Memorandum for the Preliminary Results of the 2013-
2014 Antidumping Duty Administrative Review, dated concurrently with 
this notice (Preliminary Decision Memorandum) at ``Respondent 
Selection'' and ``Companies Not Eligible for a Separate Rate'' 
sections.

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DATES: Effective Date: July 15, 2015.

FOR FURTHER INFORMATION CONTACT: Alexis Polovina or Katie Marksberry, 
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-
3927 or (202) 482-7906, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The product covered by the order is steel wire garment hangers. 
This product is classified under the Harmonized Tariff Schedule of the 
United States (``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 product description 
remains dispositive.\4\
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    \4\ See the Preliminary Decision Memorandum for a complete 
description of the scope of the Order.
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PRC-Wide Entity

    Two Non-Responsive Mandatories failed to respond to the 
Department's requests for information.\5\ These companies, therefore, 
are not eligible for separate rate status.\6\ Additionally, Ningbo 
Dasheng failed to adequately respond to all parts of the questionnaire, 
and therefore, is also not eligible for a separate rate. Accordingly, 
the Department preliminarily finds that the PRC-wide entity includes 
these companies.\7\
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    \5\ Id., at ``Respondent Selection'' section.
    \6\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 79 FR 70850, 70851 (November 28, 2014).
    \7\ See Preliminary Decision Memorandum.
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    The Department's change in policy regarding conditional review of 
the PRC-wide entity applies to this administrative review.\8\ Under 
this policy, the PRC-wide entity will not be under review unless a 
party specifically requests, or the Department self-initiates, a review 
of the entity. Because no party requested a review of the PRC-wide 
entity in this review, the entity is not under review and the entity's 
rate is not subject to change, (i.e., 187.25 percent).\9\
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    \8\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \9\ See Steel Wire Garment Hangers From the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review, 
2012-2013, 80 FR 13332, and accompanying Issues and Decision 
Memorandum (``5th AR Hangers Final Results'').
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Methodology

    The Department conducted this review in accordance with section 
751(a)(1)(B) of the Act. We calculated constructed export prices and 
export prices in accordance with section 772 of the Act. Because the 
PRC is a nonmarket economy within the meaning of section 771(18) of the 
Act, we calculated normal value in accordance with section 773(c) of 
the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum, dated 
concurrently with these results and hereby adopted by this notice.\10\ 
The Preliminary Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (``ACCESS''). 
ACCESS is available to registered users at https://access.trade.gov/login.aspx and to all parties in the Central Records Unit (``CRU''), 
room 7046 of the main Department of Commerce building. In addition, 
parties can obtain a complete version of the Preliminary Decision 
Memorandum on the Internet at https://trade.gov/enforcement/frn/. The signed Preliminary Decision Memorandum and the 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.
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    \10\ See Preliminary Decision Memorandum.
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Preliminary Results of Review

    Regarding the administrative review, the Department preliminarily 
determines that the following weighted-average dumping margins exist 
for the period October 1, 2013, through September 30, 2014:

------------------------------------------------------------------------
                                                            Weighted-
                        Exporter                         average dumping
                                                            margin (%)
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Shanghai Wells Hanger Co., Ltd.\11\....................           33.24
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Disclosure, Public Comment & Opportunity To Request a Hearing

    The Department will disclose the calculations used in its analysis 
to parties in this review within five days of the date of publication 
of this notice.\12\
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    \11\ Shanghai Wells consists of Shanghai Wells Hanger Co., Ltd., 
and Hong Kong Wells Ltd.
    \12\ See 19 CFR 351.224(b).
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    Interested parties may submit case briefs within 30 days after the 
date of publication of these preliminary results

[[Page 41481]]

of review in the Federal Register.\13\ Rebuttals to case briefs, which 
must be limited to issues raised in the case briefs, must be filed 
within five days after the time limit for filing case briefs.\14\ 
Parties who submit arguments are requested to submit with the argument: 
(1) A statement of the issue, (2) a brief summary of the argument, not 
to exceed five pages, and (3) a table of authorities.\15\
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    \13\ See 19 CFR 351.309(c)(1)(ii).
    \14\ See 19 CFR 351.309(d)(1) and (2).
    \15\ See 19 CFR 351.309(c) and (d).
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    Any interested party may request a hearing within 30 days of 
publication of this notice.\16\ Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations will be limited to issues raised in 
the case and rebuttal briefs.\17\ If a party requests a hearing, the 
Department will inform parties of the scheduled date for the hearing 
which will be held at the U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230, at a time and location 
to be determined. Parties should confirm by telephone the date, time, 
and location of the hearing.
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    \16\ See 19 CFR 351.310(c).
    \17\ Id.
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    The Department intends to issue the final results of this review, 
including the results of its analysis of the issues raised in any 
written briefs, not later than 120 days after the date of publication 
of this notice, pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review.\18\ The Department intends to issue assessment 
instructions to CBP 15 days after the publication date of the final 
results of review.
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    \18\ See 19 CFR 351.212(b).
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    In these preliminary 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.\19\
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    \19\ 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 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).\20\ 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.\21\ 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.\22\ 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.\23\
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    \20\ See 19 CFR 351.212(b)(1).
    \21\ Id.
    \22\ Id.
    \23\ 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 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.
    These deposit requirements, when imposed, shall remain in effect 
until further notice.

Notification to Importers

    This notice also serves as a preliminary 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.
    This determination is issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: July 6, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Attachment

List of Topics Discussed in the Preliminary Decision Memorandum

1. Background
2. Respondent Selection
3. Scope of the Order
4. Affiliations
5. NME Country Status
6. Separate Rates
7. Separate Rates Recipients
8. PRC-Wide Entity
9. Surrogate Country and Surrogate Value Data
10. Surrogate Country
11. Date of Sale
12. Determination of Comparison Method
13. Results of Differential Pricing Analysis
14. U.S. Price
15. Value-Added Tax
16. Normal Value
17. Factor Valuations
18. Currency Conversion
19. Conclusion

[FR Doc. 2015-17367 Filed 7-14-15; 8:45 am]
BILLING CODE 3510-DS-P