Steel Wire Garment Hangers From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of Antidumping Duty Administrative Review; Notice of Amended Final Results of Review Pursuant to Court Decision; 2012-2013, 38362-38363 [2020-13814]

Download as PDF 38362 Federal Register / Vol. 85, No. 124 / Friday, June 26, 2020 / Notices Company Taihan Electric Wire Co., Ltd Union Steel Co., Ltd ............. Subsidy rate (percent ad valorem) 0.59 0.59 jbell on DSKJLSW7X2PROD with NOTICES Assessment and Cash Deposit Requirements In accordance with 19 CFR 351.212(b)(2), Commerce intends to issue appropriate instructions to U.S. Customs and Border Protection (CBP) 15 days after publication of these final results to liquidate shipments of subject merchandise. Because we have calculated a de minimis countervailable subsidy rate for Hyundai Steel, we will instruct CBP to liquidate the appropriate entries without regard to countervailing duties in accordance with 19 CFR 351.212. We will instruct CBP to liquidate shipments of subject merchandise produced and/or exported by POSCO and the above listed companies, entered or withdrawn from warehouse for consumption from January 1, 2017 through December 31, 2017, at the ad valorem rates listed above for each respective company. In accordance with section 751(a)(2)(C) of the Act, we intend also to instruct CBP to collect cash deposits of estimated countervailing duties, in the amounts shown above, with the exception of Hyundai Steel, on shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this review. Because the countervailable subsidy rate for Hyundai Steel is de minimis, Commerce will instruct CBP to collect cash deposits at a rate of zero for Hyundai Steel for all shipments of the subject merchandise that are entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review. For all nonreviewed firms, we will instruct CBP to continue to collect cash deposits of estimated countervailing duties at the most-recent company-specific or allothers rate applicable to the company, as appropriate. These cash deposit requirements, when imposed, shall remain in effect until further notice. of proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Disclosure We will disclose the calculations performed within five days of the date of publication of this notice to parties in this proceeding, in accordance with 19 CFR 351.224(b). These final results are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5). Dated: June 22, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. List of Issues III. Background IV. Changes Since the Preliminary Results V. Scope of the Order VI. Period of Review VII. Rate for Non-Examined Companies VIII. Subsidies Valuation Information IX. Use of Facts Otherwise Available X. Analysis of Programs XI. Discussion of Comments Comment 1: Whether the Electricity for Less Than Adequate Remuneration Upstream Subsidy Allegation Confers a Benefit Comment 2: Whether POSCO Plantec Co., Ltd. (POSCO Plantec) is POSCO’s CrossOwned Input Supplier Comment 3: Whether POSCO Plantec Received Countervailable Benefits Through Its Debt Restructuring Program Comment 4: Whether the Application of Adverse Facts Available is Warranted for Sungjin Geotec Co., Ltd.’s Non-Recurring Subsidies Received During the Average Useful Life Period XII. Recommendation [FR Doc. 2020–13813 Filed 6–25–20; 8:45 am] BILLING CODE 3510–DS–P Administrative Protective Order This notice also serves as a final reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment VerDate Sep<11>2014 19:42 Jun 25, 2020 Jkt 250001 PO 00000 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 Antidumping Duty Administrative Review; Notice of Amended Final Results of Review Pursuant to Court Decision; 2012–2013 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On June 11, 2020, the United States Court of International Trade (CIT) sustained the final results of redetermination pertaining to the administrative review of the antidumping duty order on steel wire garment hangers from the People’s Republic of China (China) covering the period of review (POR) October 1, 2012 through September 31, 2013. The Department of Commerce (Commerce) is notifying the public that the CIT’s final judgment in this case is not in harmony with the final results of the administrative review, and that Commerce is amending the final results with respect to Shanghai Wells Hanger Co., Ltd. (Shanghai Wells). DATES: Applicable June 21, 2020. FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, 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) 482–2593. SUPPLEMENTARY INFORMATION: AGENCY: Background On March 13, 2015, Commerce published its Final Results in the 2012– 2013 administrative review of steel wire garment hangers from China.1 During the review, Commerce selected Thailand as the primary surrogate country, finding that data from Thailand provided the best available information on the record to value Shanghai Wells’ reported factors of production (FOPs). In particular, Commerce found that the import data (including the surrogate value (SV) for wire rod, the primary material input FOP) and the labor SV for Thailand were superior to the SV data available from the Philippines, and the 1 See Steel Wire Garment Hangers from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review, 2012– 2013, 80 FR 13332 (March 13, 2015) (Final Results), and accompanying Issues and Decision Memorandum (IDM). Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\26JNN1.SGM 26JNN1 Federal Register / Vol. 85, No. 124 / Friday, June 26, 2020 / Notices Thai financial statements were usable.2 Therefore, Commerce selected Thailand as the primary surrogate country, consistent with section 773(c) of the Act of 1930, as amended (the Act) and used the Thai SV data as the basis for its dumping analysis.3 Shanghai Wells challenged the Final Results, and, on March 2, 2017, the CIT remanded that determination to Commerce, questioning Commerce’s decision to rely on ‘‘usable’’ Thai financial statements based on a preference to ‘‘stay within the primary surrogate country,’’ because Commerce must first ‘‘evaluate the available data {sources}, which includes an acknowledgement that on this record a reasonable mind would not select the Thai financial statements as better than the Philippine {financial} statements.’’ 4 On June 7, 2017, Commerce issued the First Redetermination Results,5 continuing to select Thailand as the primary surrogate country and to value all FOPs with data from the primary surrogate country, in accordance with the established regulatory preference.6 On February 7, 2020, the CIT granted Commerce’s request for a voluntary remand in order to further examine concerns raised by the CIT and the parties to this litigation.7 In the Second Redetermination Results, Commerce determined that the Philippine financial statements on the record were the best available information for valuing the financial FOPs and recalculated the weighted-average dumping margin for Shanghai Wells.8 On June 11, 2020, the CIT sustained Commerce’s Second Redetermination Results.9 jbell on DSKJLSW7X2PROD with NOTICES Timken Notice In its decision in Timken,10 as clarified by Diamond Sawblades,11 the 2 See Final Results, and accompanying IDM at Comments 2 and 3. 3 Id. 4 See Shanghai Wells Hanger Co. v. United States, 211 F. Supp. 3d 1377, 1381 (CIT 2017). 5 See Final Results of Redetermination Pursuant to Court Remand in Shanghai Wells Co., Ltd. v. United States, Consol. Court No. 15–00103, CIT Slip Op. 17–24, dated June 7, 2017 (First Redetermination Results). 6 See 19 CFR 351.408(c)(2); see also First Redetermination Results at 2, 4–12. 7 See Shanghai Wells Co., Ltd. v. United States, Consol. Court No. 15–00103, Order (CIT, February 7, 2020). 8 See Final Results of Redetermination Pursuant to Court Remand in Shanghai Wells Co., Ltd. v. United States, Consol. Court No. 15–00103 (Second Redetermination Results). 9 See Shanghai Wells Co., Ltd. et al. v. United States, Consol. Court No. 15–00103, Slip Op 20–82 (CIT, June 11, 2020). 10 See Timken Co. v United States, 893 F.2d 337 (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 19:42 Jun 25, 2020 Jkt 250001 38363 Court of Appeals for the Federal Circuit held that, pursuant to section 516A of the Act, Commerce must publish notice of a court decision that is not ‘‘in harmony’’ with a Commerce determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision.12 The CIT’s June 11, 2020 judgment sustaining the Second Redetermination Results constitutes a final decision of the CIT that is not in harmony with Commerce’s Final Results. This notice is published in fulfillment of the publication requirements of Timken and section 516A of the Act. by Shanghai Wells during this review, Commerce will instruct CBP to liquidate such entries at the China-wide entity rate.15 Amended Final Results of Review Because there is now a final CIT decision, Commerce is amending its Final Results with respect to Shanghai Wells for the POR as follows: This notice is issued and published in accordance with sections 516A(e), 751(a)(1), and 777(i)(1) of the Act. Weightedaverage dumping margin (percent) Exporter Shanghai Wells Hanger Co., Ltd.13 ....................................... 2.26 Assessment Instructions In the event the CIT’s ruling is not appealed or, if appealed, upheld by a final and conclusive court decision, Commerce intends to instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on unliquidated entries of subject merchandise exported by Shanghai Wells in accordance with 19 CFR 351.212(b)(1). Commerce will calculate importer-specific ad valorem assessment rates on the basis of the ratio of the total amount of dumping calculated for each importer’s examined sales and the total entered value of those sales, in accordance with 19 CFR 351.212(b)(1). We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importer-specific ad valorem assessment rate calculated is not zero or de minimis. Where an importer-specific ad valorem assessment rate is zero or de minimis,14 we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. Pursuant to Commerce’s assessment practice, for entries that were not reported in the U.S. sales data submitted 12 See section 516A(c) and (e) of the Act. Wells consists of Shanghai Wells Hanger Co., Ltd., and Hong Kong Wells Ltd. See Final Results, 80 FR at 13333. 14 See 19 CFR 351.106(c)(2). Cash Deposit Requirements The cash deposit rate for Shanghai Wells has been superseded by cash deposit rates calculated in intervening administrative reviews of the antidumping duty order on steel wire garment hangers from China. Thus, we will not alter Shanghai Wells’ cash deposit rate as a result of these amended final results of review. Notification to Interested Parties Dated: June 19, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–13814 Filed 6–25–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Telecommunications and Information Administration Commerce Spectrum Management Advisory Committee Meeting National Telecommunications and Information Administration, U.S. Department of Commerce. ACTION: Notice of open meeting. AGENCY: This notice announces a public meeting of the Commerce Spectrum Management Advisory Committee (Committee). The Committee provides advice to the Assistant Secretary of Commerce for Communications and Information and the National Telecommunications and Information Administration (NTIA) on spectrum management policy matters. DATES: The meeting will be held July 30, 2020, from 1:00 p.m. to 4:00 p.m., Eastern Daylight Time (EDT). ADDRESSES: This meeting will be conducted in an electronic format and open to the public via audio teleconference (866–652–3435 participant code 28570198). Public comments may be emailed to dreed@ ntia.gov or mailed to Commerce Spectrum Management Advisory Committee, National Telecommunications and Information Administration, 1401 Constitution SUMMARY: 13 Shanghai PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 15 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). E:\FR\FM\26JNN1.SGM 26JNN1

Agencies

[Federal Register Volume 85, Number 124 (Friday, June 26, 2020)]
[Notices]
[Pages 38362-38363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13814]


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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 
Antidumping Duty Administrative Review; Notice of Amended Final Results 
of Review Pursuant to Court Decision; 2012-2013

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

SUMMARY: On June 11, 2020, the United States Court of International 
Trade (CIT) sustained the final results of redetermination pertaining 
to the administrative review of the antidumping duty order on steel 
wire garment hangers from the People's Republic of China (China) 
covering the period of review (POR) October 1, 2012 through September 
31, 2013. The Department of Commerce (Commerce) is notifying the public 
that the CIT's final judgment in this case is not in harmony with the 
final results of the administrative review, and that Commerce is 
amending the final results with respect to Shanghai Wells Hanger Co., 
Ltd. (Shanghai Wells).

DATES: Applicable June 21, 2020.

FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, 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) 482-2593.

SUPPLEMENTARY INFORMATION:

Background

    On March 13, 2015, Commerce published its Final Results in the 
2012-2013 administrative review of steel wire garment hangers from 
China.\1\ During the review, Commerce selected Thailand as the primary 
surrogate country, finding that data from Thailand provided the best 
available information on the record to value Shanghai Wells' reported 
factors of production (FOPs). In particular, Commerce found that the 
import data (including the surrogate value (SV) for wire rod, the 
primary material input FOP) and the labor SV for Thailand were superior 
to the SV data available from the Philippines, and the

[[Page 38363]]

Thai financial statements were usable.\2\ Therefore, Commerce selected 
Thailand as the primary surrogate country, consistent with section 
773(c) of the Act of 1930, as amended (the Act) and used the Thai SV 
data as the basis for its dumping analysis.\3\
---------------------------------------------------------------------------

    \1\ See Steel Wire Garment Hangers from the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review, 
2012-2013, 80 FR 13332 (March 13, 2015) (Final Results), and 
accompanying Issues and Decision Memorandum (IDM).
    \2\ See Final Results, and accompanying IDM at Comments 2 and 3.
    \3\ Id.
---------------------------------------------------------------------------

    Shanghai Wells challenged the Final Results, and, on March 2, 2017, 
the CIT remanded that determination to Commerce, questioning Commerce's 
decision to rely on ``usable'' Thai financial statements based on a 
preference to ``stay within the primary surrogate country,'' because 
Commerce must first ``evaluate the available data {sources{time} , 
which includes an acknowledgement that on this record a reasonable mind 
would not select the Thai financial statements as better than the 
Philippine {financial{time}  statements.'' \4\
---------------------------------------------------------------------------

    \4\ See Shanghai Wells Hanger Co. v. United States, 211 F. Supp. 
3d 1377, 1381 (CIT 2017).
---------------------------------------------------------------------------

    On June 7, 2017, Commerce issued the First Redetermination 
Results,\5\ continuing to select Thailand as the primary surrogate 
country and to value all FOPs with data from the primary surrogate 
country, in accordance with the established regulatory preference.\6\
---------------------------------------------------------------------------

    \5\ See Final Results of Redetermination Pursuant to Court 
Remand in Shanghai Wells Co., Ltd. v. United States, Consol. Court 
No. 15-00103, CIT Slip Op. 17-24, dated June 7, 2017 (First 
Redetermination Results).
    \6\ See 19 CFR 351.408(c)(2); see also First Redetermination 
Results at 2, 4-12.
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    On February 7, 2020, the CIT granted Commerce's request for a 
voluntary remand in order to further examine concerns raised by the CIT 
and the parties to this litigation.\7\ In the Second Redetermination 
Results, Commerce determined that the Philippine financial statements 
on the record were the best available information for valuing the 
financial FOPs and recalculated the weighted-average dumping margin for 
Shanghai Wells.\8\ On June 11, 2020, the CIT sustained Commerce's 
Second Redetermination Results.\9\
---------------------------------------------------------------------------

    \7\ See Shanghai Wells Co., Ltd. v. United States, Consol. Court 
No. 15-00103, Order (CIT, February 7, 2020).
    \8\ See Final Results of Redetermination Pursuant to Court 
Remand in Shanghai Wells Co., Ltd. v. United States, Consol. Court 
No. 15-00103 (Second Redetermination Results).
    \9\ See Shanghai Wells Co., Ltd. et al. v. United States, 
Consol. Court No. 15-00103, Slip Op 20-82 (CIT, June 11, 2020).
---------------------------------------------------------------------------

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 of the Act, Commerce must publish notice of a 
court decision that is not ``in harmony'' with a Commerce determination 
and must suspend liquidation of entries pending a ``conclusive'' court 
decision.\12\ The CIT's June 11, 2020 judgment sustaining the Second 
Redetermination Results constitutes a final decision of the CIT that is 
not in harmony with Commerce's Final Results. This notice is published 
in fulfillment of the publication requirements of Timken and section 
516A of the Act.
---------------------------------------------------------------------------

    \10\ See Timken Co. v United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \11\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
    \12\ See section 516A(c) and (e) of the Act.
---------------------------------------------------------------------------

Amended Final Results of Review

    Because there is now a final CIT decision, Commerce is amending its 
Final Results with respect to Shanghai Wells for the POR as follows:
---------------------------------------------------------------------------

    \13\ Shanghai Wells consists of Shanghai Wells Hanger Co., Ltd., 
and Hong Kong Wells Ltd. See Final Results, 80 FR at 13333.

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                          Exporter                             dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Shanghai Wells Hanger Co., Ltd.\13\........................        2.26
------------------------------------------------------------------------



Assessment Instructions

    In the event the CIT's ruling is not appealed or, if appealed, 
upheld by a final and conclusive court decision, Commerce intends to 
instruct U.S. Customs and Border Protection (CBP) to assess antidumping 
duties on unliquidated entries of subject merchandise exported by 
Shanghai Wells in accordance with 19 CFR 351.212(b)(1). Commerce will 
calculate importer-specific ad valorem assessment rates on the basis of 
the ratio of the total amount of dumping calculated for each importer's 
examined sales and the total entered value of those sales, in 
accordance with 19 CFR 351.212(b)(1). We will instruct CBP to assess 
antidumping duties on all appropriate entries covered by this review 
when the importer-specific ad valorem assessment rate calculated is not 
zero or de minimis. Where an importer-specific ad valorem assessment 
rate is zero or de minimis,\14\ we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties.
---------------------------------------------------------------------------

    \14\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    Pursuant to Commerce's assessment practice, for entries that were 
not reported in the U.S. sales data submitted by Shanghai Wells during 
this review, Commerce will instruct CBP to liquidate such entries at 
the China-wide entity rate.\15\
---------------------------------------------------------------------------

    \15\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The cash deposit rate for Shanghai Wells has been superseded by 
cash deposit rates calculated in intervening administrative reviews of 
the antidumping duty order on steel wire garment hangers from China. 
Thus, we will not alter Shanghai Wells' cash deposit rate as a result 
of these amended final results of review.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(e), 751(a)(1), and 777(i)(1) of the Act.

    Dated: June 19, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-13814 Filed 6-25-20; 8:45 am]
BILLING CODE 3510-DS-P