Steel Wire Garment Hangers From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of Administrative Review and New Shipper Review and Notice of Amended Final Results Pursuant to Court Decision, 22485-22486 [2017-09871]
Download as PDF
<![CDATA[
Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Notices
Constitution Avenue NW., Washington,
DC, 20230; telephone: (202) 482–4877.
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–918]
Steel Wire Garment Hangers From the
People’s Republic of China: Notice of
Court Decision Not in Harmony With
Final Results of Administrative Review
and New Shipper Review and Notice of
Amended Final Results Pursuant to
Court Decision
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Court of International
Trade (CIT or Court) sustained the final
remand results pertaining to the fourth
administrative review and new shipper
review of the antidumping duty order
on steel wire garment hangers from the
People’s Republic of China (PRC)
covering the period of October 1, 2011,
through September 30, 2012. The
Department of Commerce (Department)
is notifying the public that this case is
not in harmony with the final results of
the administrative review and new
shipper review. Therefore, the
Department is amending the final
results with respect to the dumping
margin assigned to Hangzhou Yingqing
Material Co. Ltd. (Yingqing).
DATES: Effective May 1, 2017.
FOR FURTHER INFORMATION CONTACT:
Jessica Weeks, AD/CVD Operations
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
AGENCY:
22485
Department’s Final Remand Results in
Hangzhou Yingqing Material.9
Timken Notice
Background
On June 2, 2014, the Department
published its AR4/NSR Final Results,1
which covered Shanghai Wells Hanger
Co., Ltd, the PRC-wide entity, and
Yingqing 2 as respondents.3 Yingqing
challenged certain aspects of the AR4/
NSR Final Results, including the
allocation of labor expenses when
calculating surrogate financial ratios
and whether the expense of obtaining a
letter of credit should be included when
valuing brokerage and handling (B&H).
On December 21, 2016, the Court
remanded AR4/NSR Final Results for
the Department to reconsider the
allocation of labor costs in the surrogate
financial ratios calculations 4 and to
reconsider its refusal to deduct the
expense of obtaining a letter of credit in
light of information on the record.5 In
accordance with the Court’s remand
order, the Department reconsidered
these issues and filed its Final Remand
Results with the Court on March 17,
2017.6 In the Final Remand Results, the
Department provided further
explanations concerning its allocation of
labor costs and departure from its
methodology in the fourth
administrative review of certain steel
nails from the PRC.7 The Department
also determined that record evidence
supported deducting the cost of
obtaining a letter of credit from the total
amount of B&H expenses.8 On April 21,
2017, the Court sustained the
In its decision in Timken,10 as
clarified by Diamond Sawblades,11 the
Court of Appeals for the Federal Circuit
held that, pursuant to section 516A(e) of
the Tariff Act of 1930, as amended (the
Act), the Department must publish a
notice of a court decision that is not ‘‘in
harmony’’ with a Department
determination and must suspend
liquidation of entries pending a
‘‘conclusive’’ court decision. The
Court’s April 21, 2017, judgment in
Hangzhou Yingqing Material constitutes
a final decision of the Court that is not
in harmony with the Department’s AR4/
NSR Final Results. This notice is
published in fulfillment of the
publication requirement of Timken.
Accordingly, the Department will
continue the suspension of liquidation
of the subject merchandise at issue
pending expiration of the period to
appeal or, if appealed, a final and
conclusive court decision.
Amended Final Results
Because there is now a final court
decision, the Department amends the
AR4/NSR Final Results with respect to
the companies identified below. Based
on the Remand Results, as affirmed by
the Court in Hangzhou Yingqing
Material, the revised combination-rate
weighted average-dumping margin for
the companies listed below during the
period October 1, 2011 through
September 30, 2012 is as follows:
Exporter
Producer
Weightedaverage
margin
(percent)
Hangzhou Yingqing Material Co. Ltd .............................................
Hangzhou Qingqing Mechanical Co. Ltd ......................................
40.39
sradovich on DSK3GMQ082PROD with NOTICES
In the event that the CIT’s ruling is
not appealed or, if appealed, is upheld
by a final and conclusive court decision,
the Department will instruct U.S.
Customs and Border Protection (CBP) to
assess antidumping duties on
unliquidated entries of subject
merchandise based on the revised
dumping margin listed above.
Because there is now a final court
decision, we are amending the AR4/
NSR Final Results and have revised the
weighted-average dumping margin for
the companies as shown above. As a
result of the Final Remand Results, and
as affirmed by the Court in Hangzhou
Yingqing Material, the cash deposit rate
for the companies listed above is
40.39%, effective May 1, 2017. The
1 See Steel Wire Garment Hangers from the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review and New
Shipper Review, 2011–2012, 79 FR 31298 (June 2,
2014) (AR4/NSR Final Results) and accompanying
Issues and Decision Memorandum (IDM).
2 Yingqing and Hangzhou Qingqing Mechanical
Co., Ltd. are in an exporter/manufacturer
combination rate. See AR4/NSR Final Results and
accompanying IDM.
3 The AR4/NSR Final Results and accompanying
IDM pertain to both the fourth administrative
review of steel wire garment hangers from the
People’s Republic of China and the aligned new
shipper review of Yingqing.
4 See Hangzhou Yingqing Material Co. v. United
States, 195 F. Supp. 3d 1299, 1310–11 (CIT 2016).
5 Id. at 1311–12.
6 See Redetermination Pursuant to Court Remand
Order in Hangzhou Yingqing Material Co. Ltd. et al.
v. United States, Court No. 14–00133 (March 17,
2017) (Final Remand Results).
7 See Final Remand Results at 9 and 10; see also
Certain Steel Nails from the People’s Republic of
China: Final Results of the Fourth Antidumping
Duty Administrative Review, 79 FR 19316 (April 8,
2014).
8 See Final Remand Results at 11 and 12.
9 See Hangzhou Yingqing Material Co. and
Hangzhou Qingqing Mechanical Co. v. United
States, Court No. 14–00133, Slip Op. 17–47 (CIT
April 21, 2017) (Hangzhou Yingqing Material).
10 See Timken Co. v. United States, 893 F.2d 337,
341 (Fed. Cir. 1990) (Timken).
11 See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (Fed. Cir. 2010)
(Diamond Sawblades).
VerDate Sep<11>2014
16:42 May 15, 2017
Jkt 241001
Cash Deposit Requirements
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
E:\FR\FM\16MYN1.SGM
16MYN1
22486
Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Notices
Department will instruct CBP
accordingly.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 516A(e)(1),
751(a)(1), and 777(i)(1) of the Act.
Dated: May 10, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2017–09871 Filed 5–15–17; 8:45 a.m.]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–874; C–570–059]
Certain Cold-Drawn Mechanical Tubing
of Carbon and Alloy Steel From India
and the People’s Republic of China:
Initiation of Countervailing Duty
Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Effective May 9, 2017.
FOR FURTHER INFORMATION CONTACT: Elfie
Blum at (202) 482–0197 (India); Yasmin
Bordas at (202) 482–3813 (the People’s
Republic of China), AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
sradovich on DSK3GMQ082PROD with NOTICES
AGENCY:
The Petitions
On April 19, 2017, the U.S.
Department of Commerce (the
Department) received countervailing
duty (CVD) Petitions concerning
imports of certain cold-drawn
mechanical tubing of carbon and alloy
steel (cold-drawn mechanical tubing)
from India and the People’s Republic of
China (the PRC), filed in proper form on
behalf of ArcelorMittal Tubular
Products; Michigan Seamless Tube,
LLC; PTC Alliance Corp.; Webco
Industries, Inc.; and Zekelman
Industries, Inc. (collectively, the
petitioners). The CVD Petitions were
accompanied by antidumping duty (AD)
Petitions concerning imports of colddrawn mechanical tubing from each of
the above countries, in addition to Italy,
Switzerland, the Federal Republic of
Germany, and the Republic of Korea.1
1 See ‘‘Certain Cold-Drawn Mechanical Tubing Of
Carbon And Alloy Steel from the People’s Republic
Of China, the Federal Republic of Germany, India,
Italy, the Republic of Korea, and Switzerland—
Petitions for the Imposition of Antidumping and
VerDate Sep<11>2014
16:42 May 15, 2017
Jkt 241001
The petitioners are domestic producers
of cold-drawn mechanical tubing.2
On April 24, 2017, the Department
requested supplemental information
pertaining to certain areas of the
Petitions.3 The petitioners filed
responses to these requests on April 28,
2017.4
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), the petitioners allege that the
Governments of India (GOI) and the PRC
(GOC) are providing countervailable
subsidies, within the meaning of
sections 701 and 771(5) of the Act, to
imports of cold-drawn mechanical
tubing from India and the PRC,
respectively, and that such imports are
materially injuring the domestic
industry producing cold-drawn
mechanical tubing in the United States.
Also, consistent with section 702(b)(1)
of the Act, for those alleged programs on
which we are initiating a CVD
investigation, the Petitions are
accompanied by information reasonably
available to the petitioners supporting
their allegations.
The Department finds that the
petitioners filed these Petitions on
behalf of the domestic industry because
the petitioners are interested parties as
defined in section 771(9)(C) of the Act.
The Department also finds that the
petitioners demonstrated sufficient
Countervailing Duties,’’ dated April 19, 2017 (the
Petitions).
2 Id., Volume I of the Petitions, at 2.
3 See Letter from the Department, ‘‘Petition for the
Imposition of Countervailing Duties on Imports of
Certain Cold-Drawn Mechanical Tubing of Carbon
and Alloy Steel from India: Supplemental
Questions,’’ dated April 24, 2017 (India CVD
Supplemental Questionnaire); see also Letter from
the Department, ‘‘Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports
of Certain Cold-Drawn Mechanical Tubing of
Carbon and Alloy Steel from the People’s Republic
of China, the Federal Republic of Germany, India,
Italy, the Republic of Korea, and Switzerland:
Supplemental Questions,’’ dated April 24, 2017
(General Issues Supplemental Questionnaire); see
also Letter from the Department ‘‘Petition for the
Imposition of Countervailing Duties on Imports of
Certain Cold-Drawn Mechanical Tubing of Carbon
and Alloy Steel from the PRC: Supplemental
Questions,’’ dated April 24, 2017 (PRC CVD
Supplemental Questionnaire).
4 See Letter from the petitioners, ‘‘Certain ColdDrawn Mechanical Tubing of Carbon and Alloy
Steel from India—Petitioners’ Response to
Supplemental Questionnaire Concerning
Countervailing Duty Petition,’’ dated April 28, 2017
(India CVD Supplement); see also Letter from the
petitioners, ‘‘Certain Cold-Drawn Mechanical
Tubing of Carbon and Alloy Steel from India—
Petitioners’ Amendment to Volume I Relating to
General Issues,’’ dated April 28, 2017 (General
Issues Supplement); see also Letter from
Petitioners, ‘‘Certain Cold-Drawn Mechanical
Tubing of Carbon and Alloy Steel from the People’s
Republic of China—Petitioners’ Response to
Supplemental Questionnaire Concerning
Countervailing Duty Petition,’’ dated April 28, 2017
(PRC CVD Supplement).
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
industry support with respect to the
initiation of the CVD investigations that
the petitioners are requesting.5
Periods of Investigation
Because the Petitions were filed on
April 19, 2017, the period of
investigation is January 1, 2016, through
December 31, 2016.
Scope of the Investigations
The product covered by these
investigations is cold-drawn mechanical
tubing from India and the PRC. For a
full description of the scope of these
investigations, see the ‘‘Scope of the
Investigations,’’ in Appendix I of this
notice.
Comments on Scope of the
Investigations
During our review of the Petitions, the
Department issued questions to, and
received responses from, the petitioners
pertaining to the proposed scope to
ensure that the scope language in the
Petitions would be an accurate
reflection of the products for which the
domestic industry is seeking relief.6
As discussed in the preamble to the
Department’s regulations, we are setting
aside a period for interested parties to
raise issues regarding product coverage
(scope).7 The Department will consider
all comments received from interested
parties and, if necessary, will consult
with the interested parties prior to the
issuance of the preliminary
determinations. If scope comments
include factual information (see 19 CFR
351.102(b)(21)) all such factual
information should be limited to public
information. To facilitate preparation of
its questionnaires, the Department
requests all interested parties to submit
such comments by 5:00 p.m. Eastern
Time (ET) on Tuesday, May 30, 2017,
which is 20 calendar days from the
signature date of this notice.8 Any
rebuttal comments, which may include
factual information, must be filed by
5:00 p.m. ET on Thursday, June 8, 2017,
which is 10 calendar days from the
initial comments deadline.9
The Department requests that any
factual information the parties consider
relevant to the scope of the
investigations be submitted during this
time period. However, if a party
5 See ‘‘Determination of Industry Support for the
Petition’’ section, below.
6 See General Issues Supplemental Questionnaire;
see also General Issues Supplement.
7 See Antidumping Duties; Countervailing Duties;
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
8 The twenty-day deadline falls on May 29, 2017,
a federal holiday; accordingly, our due date will be
on the next business day.
9 See 19 CFR 351.303(b).
E:\FR\FM\16MYN1.SGM
16MYN1
]]>Agencies
[Federal Register Volume 82, Number 93 (Tuesday, May 16, 2017)]
[Notices]
[Pages 22485-22486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09871]
[[Page 22485]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-918]
Steel Wire Garment Hangers From the People's Republic of China:
Notice of Court Decision Not in Harmony With Final Results of
Administrative Review and New Shipper Review and Notice of Amended
Final Results Pursuant to Court Decision
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Court of International Trade (CIT or Court) sustained the
final remand results pertaining to the fourth administrative review and
new shipper review of the antidumping duty order on steel wire garment
hangers from the People's Republic of China (PRC) covering the period
of October 1, 2011, through September 30, 2012. The Department of
Commerce (Department) is notifying the public that this case is not in
harmony with the final results of the administrative review and new
shipper review. Therefore, the Department is amending the final results
with respect to the dumping margin assigned to Hangzhou Yingqing
Material Co. Ltd. (Yingqing).
DATES: Effective May 1, 2017.
FOR FURTHER INFORMATION CONTACT: Jessica Weeks, AD/CVD Operations
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC, 20230; telephone: (202) 482-4877.
SUPPLEMENTARY INFORMATION:
Background
On June 2, 2014, the Department published its AR4/NSR Final
Results,\1\ which covered Shanghai Wells Hanger Co., Ltd, the PRC-wide
entity, and Yingqing \2\ as respondents.\3\ Yingqing challenged certain
aspects of the AR4/NSR Final Results, including the allocation of labor
expenses when calculating surrogate financial ratios and whether the
expense of obtaining a letter of credit should be included when valuing
brokerage and handling (B&H).
---------------------------------------------------------------------------
\1\ See Steel Wire Garment Hangers from the People's Republic of
China: Final Results of Antidumping Duty Administrative Review and
New Shipper Review, 2011-2012, 79 FR 31298 (June 2, 2014) (AR4/NSR
Final Results) and accompanying Issues and Decision Memorandum
(IDM).
\2\ Yingqing and Hangzhou Qingqing Mechanical Co., Ltd. are in
an exporter/manufacturer combination rate. See AR4/NSR Final Results
and accompanying IDM.
\3\ The AR4/NSR Final Results and accompanying IDM pertain to
both the fourth administrative review of steel wire garment hangers
from the People's Republic of China and the aligned new shipper
review of Yingqing.
---------------------------------------------------------------------------
On December 21, 2016, the Court remanded AR4/NSR Final Results for
the Department to reconsider the allocation of labor costs in the
surrogate financial ratios calculations \4\ and to reconsider its
refusal to deduct the expense of obtaining a letter of credit in light
of information on the record.\5\ In accordance with the Court's remand
order, the Department reconsidered these issues and filed its Final
Remand Results with the Court on March 17, 2017.\6\ In the Final Remand
Results, the Department provided further explanations concerning its
allocation of labor costs and departure from its methodology in the
fourth administrative review of certain steel nails from the PRC.\7\
The Department also determined that record evidence supported deducting
the cost of obtaining a letter of credit from the total amount of B&H
expenses.\8\ On April 21, 2017, the Court sustained the Department's
Final Remand Results in Hangzhou Yingqing Material.\9\
---------------------------------------------------------------------------
\4\ See Hangzhou Yingqing Material Co. v. United States, 195 F.
Supp. 3d 1299, 1310-11 (CIT 2016).
\5\ Id. at 1311-12.
\6\ See Redetermination Pursuant to Court Remand Order in
Hangzhou Yingqing Material Co. Ltd. et al. v. United States, Court
No. 14-00133 (March 17, 2017) (Final Remand Results).
\7\ See Final Remand Results at 9 and 10; see also Certain Steel
Nails from the People's Republic of China: Final Results of the
Fourth Antidumping Duty Administrative Review, 79 FR 19316 (April 8,
2014).
\8\ See Final Remand Results at 11 and 12.
\9\ See Hangzhou Yingqing Material Co. and Hangzhou Qingqing
Mechanical Co. v. United States, Court No. 14-00133, Slip Op. 17-47
(CIT April 21, 2017) (Hangzhou Yingqing Material).
---------------------------------------------------------------------------
Timken Notice
In its decision in Timken,\10\ as clarified by Diamond
Sawblades,\11\ the Court of Appeals for the Federal Circuit held that,
pursuant to section 516A(e) of the Tariff Act of 1930, as amended (the
Act), the Department must publish a notice of a court decision that is
not ``in harmony'' with a Department determination and must suspend
liquidation of entries pending a ``conclusive'' court decision. The
Court's April 21, 2017, judgment in Hangzhou Yingqing Material
constitutes a final decision of the Court that is not in harmony with
the Department's AR4/NSR Final Results. This notice is published in
fulfillment of the publication requirement of Timken. Accordingly, the
Department will continue the suspension of liquidation of the subject
merchandise at issue pending expiration of the period to appeal or, if
appealed, a final and conclusive court decision.
---------------------------------------------------------------------------
\10\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed.
Cir. 1990) (Timken).
\11\ See Diamond Sawblades Mfrs. Coalition v. United States, 626
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------
Amended Final Results
Because there is now a final court decision, the Department amends
the AR4/NSR Final Results with respect to the companies identified
below. Based on the Remand Results, as affirmed by the Court in
Hangzhou Yingqing Material, the revised combination-rate weighted
average-dumping margin for the companies listed below during the period
October 1, 2011 through September 30, 2012 is as follows:
------------------------------------------------------------------------
Weighted-
average
Exporter Producer margin
(percent)
------------------------------------------------------------------------
Hangzhou Yingqing Material Co. Hangzhou Qingqing 40.39
Ltd. Mechanical Co. Ltd.
------------------------------------------------------------------------
In the event that the CIT's ruling is not appealed or, if appealed,
is upheld by a final and conclusive court decision, the Department will
instruct U.S. Customs and Border Protection (CBP) to assess antidumping
duties on unliquidated entries of subject merchandise based on the
revised dumping margin listed above.
Cash Deposit Requirements
Because there is now a final court decision, we are amending the
AR4/NSR Final Results and have revised the weighted-average dumping
margin for the companies as shown above. As a result of the Final
Remand Results, and as affirmed by the Court in Hangzhou Yingqing
Material, the cash deposit rate for the companies listed above is
40.39%, effective May 1, 2017. The
[[Page 22486]]
Department will instruct CBP accordingly.
Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.
Dated: May 10, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-09871 Filed 5-15-17; 8:45 a.m.]
BILLING CODE 3510-DS-P
