Steel Wire Garment Hangers From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015, 79435-79437 [2016-27345]
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Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–889]
Dioctyl Terephthalate From the
Republic of Korea: Postponement of
Preliminary Determination of
Antidumping Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Effective November 14, 2016.
FOR FURTHER INFORMATION CONTACT:
Shanah Lee or Laurel LaCivita, AD/CVD
Operations, Office III, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–6386 or (202) 482–
4243, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
mstockstill on DSK3G9T082PROD with NOTICES
Background
On July 20, 2016, the Department of
Commerce (‘‘Department’’) initiated an
antidumping duty investigation
concerning imports of dioctyl
terephthalate (‘‘DOTP’’) from the
Republic of Korea (‘‘Korea’’).1 The
notice of initiation stated that, in
accordance with section 733(b)(1)(A) of
the Tariff Act of 1930, as amended (‘‘the
Act’’), and 19 CFR 351.205(b)(1), we
would issue our preliminary
determination no later than 140 days
after the date of initiation, unless
postponed. Currently, the preliminary
determination in this investigation is
due no later than December 7, 2016.
Postponement of Preliminary
Determination
If the petitioner makes a timely
request for a postponement, section
733(c)(1)(A) of the Act allows the
Department to postpone making the
preliminary determination until no later
than 190 days after the date on which
the Department initiated the
investigation. On October 28, 2016,
Eastman Chemical Company
(‘‘Petitioner’’) submitted a timely
request for a postponement of the
preliminary determination pursuant to
section 733(c)(1)(A) of the Act and 19
CFR 351.205(e), in order to provide the
Department sufficient time to review all
relevant information from the
respondents and issue appropriate
requests for clarification or additional
information.2
1 See Dioctyl Terephthalate From the Republic of
Korea: Initiation of Less-Than-Fair-Value
Investigation, 81 FR 49628 (July 28, 2016).
2 See Letter from Petitioner, ‘‘Dioctyl
Terephthalate (‘‘DOTP’’) from Korea; Request to
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17:26 Nov 10, 2016
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For the reasons stated above, and
because there are no compelling reasons
to deny Petitioner’s request, the
Department is postponing the deadline
for the preliminary determination to no
later than 190 days after the day on
which the investigation was initiated, in
accordance with section 733(c)(1)(A) of
the Act. Accordingly, the Department
intends to issue the preliminary
determination no later than January 26,
2017. In accordance with section
735(a)(1) of the Act and 19 CFR
351.210(b)(1), the deadline for the final
determination of this investigation will
continue to be 75 days after the date of
the preliminary determination, unless
postponed at a later date.
This notice is issued and published
pursuant to section 733(c)(2) of the Act
and 19 CFR 351.205(f)(1).
Dated: November 3, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2016–27262 Filed 11–10–16; 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:
Preliminary Results of Antidumping
Duty Administrative Review; 2014–
2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) is conducting the
seventh administrative review of the
antidumping duty order on steel wire
garment hangers (‘‘hangers’’) from the
People’s Republic of China (‘‘PRC’’).
The Department preliminarily finds that
subject merchandise was sold in the
United States at prices below normal
value during the period of review
(‘‘POR’’), October 1, 2014, through
September 30, 2015. 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.
DATES: Effective November 14, 2016.
FOR FURTHER INFORMATION CONTACT:
Jessica Weeks, AD/CVD Operations,
AGENCY:
Postpone Preliminary Determination,’’ dated
October 28, 2016.
PO 00000
Frm 00025
Fmt 4703
Sfmt 4703
79435
Office V, Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–4877.
SUPPLEMENTARY INFORMATION:
Background
On October 1, 2015, the Department
published a notice of ‘‘Opportunity to
Request Administrative Review’’ of the
antidumping order on steel wire
garment hangers from the PRC.1 In
November 2015, the Department
received multiple timely requests to
conduct an administrative review of the
antidumping duty order on steel wire
garment hangers from the PRC.2 Based
upon these requests, on December 3,
2015, the Department published a notice
of initiation of an administrative review
(‘‘AR’’) of the Order covering the period
October 1, 2014, to September 30,
2015.3 The Department initiated the
administrative review with respect to 46
companies.4 On December 16, 2015,
Petitioner withdrew its request for an
administrative review on 44
companies.5 On June 2, 2016, the
Department extended the period for
issuing the preliminary results by 120
days.6 As explained in the
memorandum from the Acting Assistant
Secretary for Enforcement and
Compliance, the Department exercised
its discretion to toll deadlines because
of the closure of the Federal
Government.7 The preliminary results
were extended by four business days.8
The revised deadline for the preliminary
results is November 4, 2016.
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 80 FR 59135
(October 1, 2015).
2 See Notice of Antidumping Duty Order: Steel
Wire Garment Hangers From the People’s Republic
of China, 73 FR 58111 (October 6, 2008) (‘‘Order’’).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 80 FR
75657 (December 3, 2015).
4 Id.
5 See Letter to the Secretary of Commerce from
Petitioner ‘‘Seventh Administrative Review of Steel
Wire Garment Hangers from China—Petitioner’s
Withdrawal of Review Request’’ (December 16,
2015).
6 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations from Jessica Weeks
‘‘Steel Wire Garment Hangers From the People’s
Republic of China (‘‘PRC’’): Extension of Deadline
for Preliminary Results of Antidumping Duty
Administrative Review’’ (June 2,2016).
7 See Memorandum for the Record from Ron
Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance, ‘‘Tolling of
Administrative Deadlines as a Result of the
Government Closure during Snowstorm ‘Jonas,’’’
(January 27, 2016).
8 Id.
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79436
Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices
Scope of the Order
The merchandise subject to the Order
is steel wire garment hangers. The
products are currently classifiable 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 of the scope
of the order remains dispositive.9
Separate Rates
The Department preliminarily
determines that information 10 placed
on the record by Shanghai Wells Hanger
Co., Ltd. and Hong Kong Wells Ltd.11
demonstrates that these companies are
entitled to separate rate status. For
additional information, see the
Preliminary Decision Memorandum.
mstockstill on DSK3G9T082PROD with NOTICES
PRC-Wide Entity
The Department’s policy regarding
conditional review of the PRC-wide
entity applies to this administrative
review.12 Under this policy, the PRCwide 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
9 See Memorandum to Paul Piquado, Assistant
Secretary for Enforcement and Compliance, from
Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
regarding ‘‘Decision Memorandum for the
Preliminary Results of the Antidumping Duty
Administrative Review of Steel Wire Garment
Hangers From the People’s Republic of China;
2014–2015,’’ dated concurrently with and hereby
adopted by this notice, (‘‘Preliminary Decision
Memorandum’’) for a complete description of the
scope of the Order.
10 See Shanghai Wells’ Section A questionnaire
response, dated January 5, 2016 at pages 2–10.
11 In the first administrative review of the Order,
the Department found that Shanghai Wells Hanger
Co., Ltd. and Hong Kong Wells Ltd. are a single
entity and, because there were no changes to the
facts that supported that decision since that
determination was made, we continue to find that
these companies are part of a single entity for this
administrative review. 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); see also Steel Wire
Garment Hangers from the People’s Republic of
China: Final Results of Antidumping Duty
Administrative Review, 2013–2014, 80 FR 69942
(November 2, 2015).
12 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).
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17:26 Nov 10, 2016
Jkt 241001
and the entity’s rate is not subject to
change, (i.e., 187.25 percent).13
Methodology
The Department is conducting this
review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as
amended (‘‘the Act’’). The Department
calculated constructed export prices and
export prices in accordance with section
772 of the Act. Because the PRC is a
nonmarket economy (‘‘NME’’) within
the meaning of section 771(18) of the
Act, normal value is calculated in
accordance with section 773(c) of the
Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. A list of the
topics included in the Preliminary
Decision Memorandum is included as
an appendix to this notice. 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 and to all
parties in the Central Records Unit,
room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum is available at
https://enforcement.trade.gov/frn/. The
signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Preliminary Results of Review
The Department preliminarily
determines that the following weightedaverage dumping margin exists for the
POR from October 1, 2014, through
September 30, 2015:
Weighted-average
dumping margin
(percent)
Exporter
Shanghai Wells Hanger
Co., Ltd./Hong Kong
Wells Ltd.14 .................
Disclosure, Public Comment and
Opportunity To Request a Hearing
Assessment Rates
Upon issuance of the final results,
pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b), the
49.40 Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
The Department intends to disclose
the calculations used in our analysis to
13 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 (March 13, 2015) (‘‘5th AR
Hangers Final Results’’).
14 As previously stated, we continue to find
Shanghai Wells Hanger Co., Ltd. and Hong Kong
PO 00000
Frm 00026
Fmt 4703
parties in this review within five days
of the date of any public announcement
of this notice in accordance with 19 CFR
351.224(b).
Interested parties may submit case
briefs within 30 days after the date of
publication of these preliminary results
of review in the Federal Register.15
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.16 Parties who submit arguments
are requested to submit with the
argument: (a) A statement of the issue
(b) a brief summary of the argument,
and (c) a table of authorities.17 Parties
submitting briefs should do so pursuant
to the Department’s electronic filing
system, ACCESS.18
Any interested party may request a
hearing within 30 days of publication of
this notice.19 Hearing requests should
contain the following information: (1)
The party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of the issues
to be discussed. Oral presentations will
be limited to issues raised in the
briefs.20 Parties requesting a hearing
should do so pursuant to the
Department’s electronic filing system,
ACCESS.21 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.22
Unless otherwise extended, the
Department intends to issue the final
results of this administrative review,
which will include the results of our
analysis of all issues raised in parties’
case briefs, within 120 days of
publication of these preliminary results
in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act.
Sfmt 4703
Wells Ltd. (collectively ‘‘Shanghai Wells’’) to be a
single entity.
15 See 19 CFR 351.309(c)(1)(ii).
16 See 19 CFR 351.309(d)(1)–(2).
17 See 19 CFR 351.309(c)(2) and (d)(2).
18 See 19 CFR 351.303 (for general filing
requirements).
19 See 19 CFR 351.310(c).
20 Id.
21 See 19 CFR 351.303 (for general filing
requirements).
22 See 19 CFR 351.310(d).
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Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices
review. The Department intends to issue
assessment instructions to CBP 15 days
after the publication date of the final
results of this review.
For any individually examined
respondent whose weighted-average
dumping margin is above the de
minimis threshold (i.e., 0.50 percent),
the Department will calculate importerspecific ad valorem assessment rates on
the basis of the ratio of the total amount
of dumping calculated for the importer’s
examined sales and the total entered
value of sales. Where either the
respondent’s weighted-average dumping
margin is zero or de minimis, or an
importer-specific ad valorem
assessment rate is zero or de minimis,
we will instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties.
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.23
Pursuant to a refinement in the
Department’s NME practice, for sales
that were not reported in the U.S. sales
data submitted by companies
individually examined during this
review, the Department will instruct
CBP to liquidate entries associated with
those sales at the rate for the PRC-wide
entity. In addition, if the Department
determines that an exporter under
review had no shipments of the subject
merchandise, any suspended entries
that entered under that exporter’s case
number (i.e., at that exporter’s cash
deposit rate) will be liquidated at the
rate for the PRC-wide entity.24
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 have separate rates, the cash
deposit rate will continue to be the
exporter-specific rate published for the
most recently completed segment of this
proceeding in which they were
reviewed; (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 equal to the
weighted-average dumping margin for
the PRC-wide entity (i.e., 187.25
percent); and (4) for all non-PRC
exporters of subject merchandise which
have not received their own separate
rate, the cash deposit rate will be the
rate applicable to the PRC exporter(s)
that supplied that non-PRC exporter.
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Cash Deposit Requirements
Dated: November 4, 2016
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
mstockstill on DSK3G9T082PROD with NOTICES
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 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
company listed above, the cash deposit
rate will be established in the final
results of this review (except, if the rate
23 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’’).
24 For a full discussion of this practice, see
Assessment Practice Refinement, 76 FR at 65694
(October 24, 2011).
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17:26 Nov 10, 2016
Jkt 241001
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.
Notification to Interested Parties
This administrative review and notice
is issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act, and 19 CFR 351.221(b)(4) and
19 CFR 351.213.
Attachment—List of Topics Discussed
in the Preliminary Decision
Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
a. NME Country Status
b. Separate Rates
c. Separate Rates Recipients- Wholly
Foreign Owned
d. Surrogate Country and Surrogate
Value Data
e. Surrogate Country
f. Date of Sale
g. Comparisons to Normal Value
h. Results of Differential Pricing
Analysis
PO 00000
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Fmt 4703
Sfmt 4703
79437
i. U.S. Price
j. Value-Added Tax
k. Normal Value
l. Factor Valuation Methodology
m. Currency Conversion
5. Conclusion
[FR Doc. 2016–27345 Filed 11–10–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–427–828]
Certain Carbon and Alloy Steel Cut-ToLength Plate From France: Preliminary
Determination of Sales at Less Than
Fair Value and Postponement of Final
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that certain carbon and alloy
steel cut-to-length plate (CTL plate)
from France is being, or is likely to be,
sold in the United States at less than fair
value (LTFV). The period of
investigation (POI) is April 1, 2015,
through March 31, 2016. The estimated
weighted-average dumping margins of
sales at LTFV are shown in the
‘‘Preliminary Determination’’ section of
this notice. Interested parties are invited
to comment on this preliminary
determination.
AGENCY:
DATES:
Effective November 14, 2016.
FOR FURTHER INFORMATION CONTACT:
Terre Keaton Stefanova or Brandon
Custard, AD/CVD Operations, Office II,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–1280 or
(202) 482–1823, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department initiated this
investigation on April 28, 2016.1 We
selected two mandatory respondents in
this investigation, Dillinger France S.A.
(Dillinger) and Industeel France S.A.
(Industeel). For a complete description
of the events that followed the initiation
of this investigation, see the
memorandum that is dated concurrently
1 See Certain Carbon and Alloy Steel Cut-ToLength Plate From Austria, Belgium, Brazil, France,
the Federal Republic of Germany, Italy, Japan, the
Republic of Korea, the People’s Republic of China,
South Africa, Taiwan, and the Republic of Turkey:
Initiation of Less-Than-Fair Value Investigations, 81
FR 27089 (May 5, 2016) (Initiation Notice).
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Agencies
[Federal Register Volume 81, Number 219 (Monday, November 14, 2016)]
[Notices]
[Pages 79435-79437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27345]
-----------------------------------------------------------------------
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; 2014-
2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') is conducting the
seventh administrative review of the antidumping duty order on steel
wire garment hangers (``hangers'') from the People's Republic of China
(``PRC''). The Department preliminarily finds that subject merchandise
was sold in the United States at prices below normal value during the
period of review (``POR''), October 1, 2014, through September 30,
2015. 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.
DATES: Effective November 14, 2016.
FOR FURTHER INFORMATION CONTACT: Jessica Weeks, 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) 482-4877.
SUPPLEMENTARY INFORMATION:
Background
On October 1, 2015, the Department published a notice of
``Opportunity to Request Administrative Review'' of the antidumping
order on steel wire garment hangers from the PRC.\1\ In November 2015,
the Department received multiple timely requests to conduct an
administrative review of the antidumping duty order on steel wire
garment hangers from the PRC.\2\ Based upon these requests, on December
3, 2015, the Department published a notice of initiation of an
administrative review (``AR'') of the Order covering the period October
1, 2014, to September 30, 2015.\3\ The Department initiated the
administrative review with respect to 46 companies.\4\ On December 16,
2015, Petitioner withdrew its request for an administrative review on
44 companies.\5\ On June 2, 2016, the Department extended the period
for issuing the preliminary results by 120 days.\6\ As explained in the
memorandum from the Acting Assistant Secretary for Enforcement and
Compliance, the Department exercised its discretion to toll deadlines
because of the closure of the Federal Government.\7\ The preliminary
results were extended by four business days.\8\ The revised deadline
for the preliminary results is November 4, 2016.
---------------------------------------------------------------------------
\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 80 FR 59135 (October 1, 2015).
\2\ See Notice of Antidumping Duty Order: Steel Wire Garment
Hangers From the People's Republic of China, 73 FR 58111 (October 6,
2008) (``Order'').
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 80 FR 75657 (December 3, 2015).
\4\ Id.
\5\ See Letter to the Secretary of Commerce from Petitioner
``Seventh Administrative Review of Steel Wire Garment Hangers from
China--Petitioner's Withdrawal of Review Request'' (December 16,
2015).
\6\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations from
Jessica Weeks ``Steel Wire Garment Hangers From the People's
Republic of China (``PRC''): Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review'' (June 2,2016).
\7\ See Memorandum for the Record from Ron Lorentzen, Acting
Assistant Secretary for Enforcement and Compliance, ``Tolling of
Administrative Deadlines as a Result of the Government Closure
during Snowstorm `Jonas,''' (January 27, 2016).
\8\ Id.
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[[Page 79436]]
Scope of the Order
The merchandise subject to the Order is steel wire garment hangers.
The products are currently classifiable 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 of the scope of the order remains dispositive.\9\
---------------------------------------------------------------------------
\9\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
regarding ``Decision Memorandum for the Preliminary Results of the
Antidumping Duty Administrative Review of Steel Wire Garment Hangers
From the People's Republic of China; 2014-2015,'' dated concurrently
with and hereby adopted by this notice, (``Preliminary Decision
Memorandum'') for a complete description of the scope of the Order.
---------------------------------------------------------------------------
Separate Rates
The Department preliminarily determines that information \10\
placed on the record by Shanghai Wells Hanger Co., Ltd. and Hong Kong
Wells Ltd.\11\ demonstrates that these companies are entitled to
separate rate status. For additional information, see the Preliminary
Decision Memorandum.
---------------------------------------------------------------------------
\10\ See Shanghai Wells' Section A questionnaire response, dated
January 5, 2016 at pages 2-10.
\11\ In the first administrative review of the Order, the
Department found that Shanghai Wells Hanger Co., Ltd. and Hong Kong
Wells Ltd. are a single entity and, because there were no changes to
the facts that supported that decision since that determination was
made, we continue to find that these companies are part of a single
entity for this administrative review. 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); see also Steel Wire Garment Hangers
from the People's Republic of China: Final Results of Antidumping
Duty Administrative Review, 2013-2014, 80 FR 69942 (November 2,
2015).
---------------------------------------------------------------------------
PRC-Wide Entity
The Department's policy regarding conditional review of the PRC-
wide entity applies to this administrative review.\12\ 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).\13\
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\12\ 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).
\13\ 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 (March 13, 2015) (``5th AR Hangers Final Results'').
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Methodology
The Department is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (``the Act''). The
Department calculated constructed export prices and export prices in
accordance with section 772 of the Act. Because the PRC is a nonmarket
economy (``NME'') within the meaning of section 771(18) of the Act,
normal value is calculated in accordance with section 773(c) of the
Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. A list of the
topics included in the Preliminary Decision Memorandum is included as
an appendix to this notice. 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 and to all parties in the Central Records
Unit, room B8024 of the main Department of Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum is
available at https://enforcement.trade.gov/frn/. The signed Preliminary
Decision Memorandum and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
Preliminary Results of Review
The Department preliminarily determines that the following
weighted-average dumping margin exists for the POR from October 1,
2014, through September 30, 2015:
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Weighted-average
Exporter dumping margin
(percent)
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Shanghai Wells Hanger Co., Ltd./Hong Kong Wells 49.40
Ltd.\14\............................................
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Disclosure, Public Comment and Opportunity To Request a Hearing
The Department intends to disclose the calculations used in our
analysis to parties in this review within five days of the date of any
public announcement of this notice in accordance with 19 CFR
351.224(b).
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\14\ As previously stated, we continue to find Shanghai Wells
Hanger Co., Ltd. and Hong Kong Wells Ltd. (collectively ``Shanghai
Wells'') to be a single entity.
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Interested parties may submit case briefs within 30 days after the
date of publication of these preliminary results of review in the
Federal Register.\15\ 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.\16\ Parties who submit
arguments are requested to submit with the argument: (a) A statement of
the issue (b) a brief summary of the argument, and (c) a table of
authorities.\17\ Parties submitting briefs should do so pursuant to the
Department's electronic filing system, ACCESS.\18\
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\15\ See 19 CFR 351.309(c)(1)(ii).
\16\ See 19 CFR 351.309(d)(1)-(2).
\17\ See 19 CFR 351.309(c)(2) and (d)(2).
\18\ See 19 CFR 351.303 (for general filing requirements).
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Any interested party may request a hearing within 30 days of
publication of this notice.\19\ Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations will be limited to issues raised in
the briefs.\20\ Parties requesting a hearing should do so pursuant to
the Department's electronic filing system, ACCESS.\21\ 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.\22\
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\19\ See 19 CFR 351.310(c).
\20\ Id.
\21\ See 19 CFR 351.303 (for general filing requirements).
\22\ See 19 CFR 351.310(d).
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Unless otherwise extended, the Department intends to issue the
final results of this administrative review, which will include the
results of our analysis of all issues raised in parties' case briefs,
within 120 days of publication of these preliminary results in the
Federal Register, pursuant to section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, pursuant to section
751(a)(2)(C) of the Act and 19 CFR 351.212(b), the Department will
determine, and CBP shall assess, antidumping duties on all appropriate
entries covered by this
[[Page 79437]]
review. The Department intends to issue assessment instructions to CBP
15 days after the publication date of the final results of this review.
For any individually examined respondent whose weighted-average
dumping margin is above the de minimis threshold (i.e., 0.50 percent),
the Department will calculate importer-specific ad valorem assessment
rates on the basis of the ratio of the total amount of dumping
calculated for the importer's examined sales and the total entered
value of sales. Where either the respondent's weighted-average dumping
margin is zero or de minimis, or an importer-specific ad valorem
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
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.\23\
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\23\ 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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Pursuant to a refinement in the Department's NME practice, for
sales that were not reported in the U.S. sales data submitted by
companies individually examined during this review, the Department will
instruct CBP to liquidate entries associated with those sales at the
rate for the PRC-wide entity. In addition, if the Department determines
that an exporter under review had no shipments of the subject
merchandise, any suspended entries that entered under that exporter's
case number (i.e., at that exporter's cash deposit rate) will be
liquidated at the rate for the PRC-wide entity.\24\
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\24\ For a full discussion of this practice, see Assessment
Practice Refinement, 76 FR at 65694 (October 24, 2011).
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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 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 company listed
above, the cash deposit rate will be established in the final results
of this review (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 have separate
rates, the cash deposit rate will continue to be the exporter-specific
rate published for the most recently completed segment of this
proceeding in which they were reviewed; (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 equal to the weighted-
average dumping margin for the PRC-wide entity (i.e., 187.25 percent);
and (4) for all non-PRC exporters of subject merchandise which have not
received their own separate rate, the cash deposit rate will be the
rate applicable to the PRC exporter(s) that supplied that non-PRC
exporter. These cash 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.
Notification to Interested Parties
This administrative review and notice is issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4) and 19 CFR 351.213.
Dated: November 4, 2016
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Attachment--List of Topics Discussed in the Preliminary Decision
Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
a. NME Country Status
b. Separate Rates
c. Separate Rates Recipients- Wholly Foreign Owned
d. Surrogate Country and Surrogate Value Data
e. Surrogate Country
f. Date of Sale
g. Comparisons to Normal Value
h. Results of Differential Pricing Analysis
i. U.S. Price
j. Value-Added Tax
k. Normal Value
l. Factor Valuation Methodology
m. Currency Conversion
5. Conclusion
[FR Doc. 2016-27345 Filed 11-10-16; 8:45 am]
BILLING CODE 3510-DS-P