Steel Wire Garment Hangers From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2017-2018, 68117-68118 [2019-26906]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 84, Number 240 (Friday, December 13, 2019)]
[Notices]
[Pages 68117-68118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26906]



[[Page 68117]]

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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; 2017-
2018

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that Shanghai Wells Hanger Co., Ltd. and Hong Kong Wells Ltd. 
(collectively, Shanghai Wells) has failed to demonstrate its 
eligibility for separate rate status during the period of review (POR); 
thus, Shanghai Wells will be considered part of the China-wide entity. 
We invite all interested parties to comment on these preliminary 
results.

DATES: Applicable December 13, 2019.

FOR FURTHER INFORMATION CONTACT: Jasun Moy or Viet Le, AD/CVD 
Operations, Office V, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW, 
Washington, DC 20230; telephone: (202) 482-8194, or (202) 482-0621, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 11, 2018, Commerce initiated an administrative review 
of the antidumping duty order \1\ on steel wire garment hangers 
(hangers) from the People's Republic of China (China) in accordance 
with section 751(a) of the Tariff Act of 1930, as amended (the Act) 
with respect to four companies: Hangzhou Qingqing Mechanical Co., Ltd. 
(Hangzhou Qingqing); Hangzhou Yingqing Material Co., Ltd. (Hangzhou 
Yingqing); Hong Kong Wells Ltd.; and Shanghai Wells Hanger Co., Ltd.\2\ 
On May 1, 2019, Commerce rescinded its review of two of these 
companies, Hangzhou Qingqing and Hangzhou Yingqing, based on a timely-
filed withdrawal of the request for review.\3\ Because we have 
previously found that Shanghai Wells Hanger Co., Ltd. and Hong Kong 
Wells Ltd. are a single entity, Shanghai Wells remains the sole 
respondent in this review.\4\
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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\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 63615 (December 11, 2018).
    \3\ See Steel Wire Garment Hangers from the People's Republic of 
China; 2017-2018; Partial Rescission of the Tenth Antidumping Duty 
Administrative Review, 84 FR 18478 (May 1, 2019).
    \4\ Commerce found that Shanghai Wells Hanger Co., Ltd., Hong 
Kong Wells Ltd., and Hong Kong Wells Ltd. (USA) are affiliated and 
that Shanghai Wells Hanger Co., Ltd. and Hong Kong Wells Ltd. are a 
single entity. 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 affiliated and that 
Shanghai Wells Hanger Co., Ltd. and Hong Kong Wells Ltd. comprise 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, 2016-2017, 83 FR 53449 (October 23, 
2018) (Single Entity Determination).
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    Commerce exercised its discretion to toll all deadlines affected by 
the partial federal government closure from December 22, 2018 through 
the resumption of operations on January 29, 2019, resulting in a 
revised deadline for these preliminary results.\5\ Additionally, 
Commerce exercised its discretion to extend the deadline for the 
preliminary results until December 10, 2019.\6\
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    \5\ See Memorandum to the Record from Gary Taverman, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance, ``Deadlines 
Affected by the Partial Shutdown of the Federal Government,'' dated 
January 28, 2019. All deadlines in this segment of the proceeding 
have been extended by 40 days.
    \6\ See Memorandum, ``Steel Wire Garment Hangers from the 
People's Republic of China: Extension of Deadline for Preliminary 
Results of Antidumping Duty Administration Review,'' dated September 
23, 2019.
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    On November 1, 2018, Commerce issued the standard non-market 
economy (NME) questionnaire to Shanghai Wells.\7\ On November 30, 2018, 
Shanghai Wells submitted its response to section A.\8\ On December 17, 
2018, Shanghai Wells submitted its response to sections C and D of the 
NME questionnaire.\9\ From February 21, 2019 through July 12, 2019, 
Shanghai Wells timely submitted supplemental questionnaire 
responses.\10\ M&B Metal Products Co. Inc. (the petitioner) requested 
that Commerce conduct on-site verification of Shanghai Wells to confirm 
the accuracy and completeness of its responses.\11\ After scheduling a 
verification and then rescheduling it in response to Shanghai Wells' 
request, Shanghai Wells ultimately did not permit Commerce to verify 
its questionnaire responses.\12\
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    \7\ See Letter to Shanghai Wells, ``Antidumping Duty 
Administrative Review of Steel Wire Garment Hangers from the 
People's Republic of China: Non-Market Economy Questionnaire,'' 
dated November 1, 2018 (NME questionnaire).
    \8\ See Shanghai Wells' November 30, 2018 Section A 
Questionnaire Response.
    \9\ See Shanghai Wells' December 17, 2018 Section C and D 
Questionnaire Response.
    \10\ See Shanghai Wells' February 21, 2019 Section A 
Supplemental Questionnaire Response; Shanghai Wells' March 19, 2019 
Section C Supplemental Questionnaire Response; Shanghai Wells' April 
16, 2019 Section D Supplemental Questionnaire Response; Shanghai 
Wells' May 27, 2019 Second Supplemental Questionnaire Response; 
Shanghai Wells' June 24, 2019 Third Supplemental Questionnaire 
Response; Shanghai Wells' July 24, 2019 Fourth Supplemental 
Questionnaire Response.
    \11\ See Petitioner's Letter, ``Tenth Administrative Review of 
Steel Wire Garment Hangers from China--Petitioner's Request for 
Verification,'' dated February 25, 2019.
    \12\ See Shanghai Wells' Letter, ``Steel Wire Garment Hangers 
from the People's Republic of China: Reply to Verification 
Schedule,'' dated October 25, 2019.
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Scope of the Order

    The merchandise subject to the order is steel wire garment hangers. 
For a full description of the scope, see the Preliminary Decision 
Memorandum.\13\
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    \13\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review of Steel Wire 
Garment Hangers from the People's Republic of China; 2017-2018,'' 
dated concurrently with and hereby adopted by this notice.
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China-Wide Entity

    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\14\ Under this policy, 
the China-wide entity will not be under review unless a party 
specifically requests, or Commerce self-initiates, a review of the 
China-wide entity.\15\ Because no party requested a review of the 
China-wide entity in this review, the China-wide entity is not under 
review and the China-wide entity's rate is not subject to change (i.e., 
187.25 percent).\16\
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    \14\ 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).
    \15\ Id.
    \16\ See Steel Wire Garment Hangers from the People's Republic 
of China: Preliminary Results of Antidumping Duty Administrative 
Review; 2013-2014, 80 FR 41480 (July 15, 2015), and accompanying 
Preliminary Decision Memorandum, unchanged in Steel Wire Garment 
Hangers from the People's Republic of China: Final Results of 
Antidumping Duty Administrative Review, 2013-2014, 80 FR 69942 
(November 12, 2015).
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Methodology

    Commerce is conducting this review in accordance with section 
751(a) 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

[[Page 68118]]

an appendix to this notice. The Preliminary Decision Memorandum is a 
public document and is made available to the public 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 it is available to all parties in the 
Central Records Unit, room B8024 of the main Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum is 
available at https://enforcement.trade.gov/frn/. The signed and 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Preliminary Results of Review

    Based on Shanghai Wells' refusal to allow Commerce to verify its 
questionnaire responses including its response to the section A 
questionnaire, consistent with sections 782(d) and (i) of the Act, 
Commerce preliminarily determines that Shanghai Wells is not eligible 
for a separate rate in this administrative review.

Disclosure and Public Comment

    Commerce has made no calculations as part of these preliminary 
results. Accordingly, there will be no disclosure of the calculations 
performed for these preliminary results of review in accordance with 19 
CFR 351.224(b).
    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs no later than 30 days after the date of publication of this 
notice. Rebuttal briefs, the content of which is limited to issues 
raised in the case briefs, may be filed no later than five days after 
the date for filing case briefs.\17\ Parties who submit case briefs or 
rebuttal briefs in this proceeding are encouraged to submit with each 
argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.\18\ Case and rebuttal briefs 
should be filed using ACCESS \19\ and must be served on interested 
parties.\20\ Executive summaries should be limited to five pages total, 
including footnotes.
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    \17\ See 19 CFR 351.309(d).
    \18\ See 19 CFR 351.309(c)(2) and (d)(2).
    \19\ See generally 19 CFR 351.303.
    \20\ See 19 CFR 351.303(f).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
Commerce's electronic records system, ACCESS. An electronically filed 
request must be received successfully in its entirety by 5:00 p.m. 
Eastern Time within 30 days of the date of publication of this 
notice.\21\ Requests should contain: (1) The party's name, address and 
telephone number; (2) the number of participants; and (3) a list of 
issues parties intend to discuss. Issues raised in the hearing will be 
limited to those raised in the respective case and rebuttal briefs. If 
a request for a hearing is made, Commerce intends to hold the hearing 
at the U.S. Department of Commerce, 1401 Constitution Avenue NW, 
Washington, DC 20230, at a date and time to be determined.\22\ Parties 
should confirm the date, time, and location of the hearing two days 
before the scheduled date.
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    \21\ See 19 CFR 351.310(c).
    \22\ See 19 CFR 351.310(d).
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    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of the issues raised in 
any case or rebuttal briefs submitted, no later than 120 days after the 
date of publication of this notice, unless extended.\23\
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    \23\ See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
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Assessment Rates

    Upon completion of this administrative review, Commerce shall 
determine, and Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries. The final results of 
this review shall be the basis for the assessment of antidumping duties 
on entries of merchandise covered by the final results of this review 
and for future deposits of estimated duties, where applicable.\24\ We 
intend to issue liquidation instructions to CBP 15 days after 
publication of the final results of this review.
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    \24\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for Shanghai Wells 
will be equal to the weighted-average dumping margin established in the 
final results of this review; (2) for previously investigated or 
reviewed Chinese and non-Chinese exporters not listed above that have 
received a separate rate in a prior segment of this proceeding, the 
cash deposit rate will continue to be the existing exporter-specific 
cash deposit rate published for the most recently completed period; (3) 
for all Chinese exporters of subject merchandise that have not been 
found to be entitled to a separate rate, the cash deposit rate will be 
the rate for the China-wide entity; and (4) for all non-Chinese 
exporters of subject merchandise which have not received their own 
separate rate, the cash deposit rate will be the rate applicable to the 
Chinese exporter that supplied that non-Chinese 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 period of review. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Notification to Interested Parties

    This administrative review and notice are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: December 9, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation

[FR Doc. 2019-26906 Filed 12-12-19; 8:45 am]
 BILLING CODE 3510-DS-P