81_FR_79654 81 FR 79435 - Steel Wire Garment Hangers From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015

81 FR 79435 - Steel Wire Garment Hangers From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 219 (November 14, 2016)

Page Range79435-79437
FR Document2016-27345

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.

Federal Register, Volume 81 Issue 219 (Monday, November 14, 2016)
[Federal Register Volume 81, Number 219 (Monday, November 14, 2016)]
[Notices]
[Pages 79435-79437]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27345]


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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; 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\
---------------------------------------------------------------------------

    \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'').
---------------------------------------------------------------------------

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 http://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:

------------------------------------------------------------------------
                                                        Weighted-average
                       Exporter                          dumping margin
                                                           (percent)
------------------------------------------------------------------------
Shanghai Wells Hanger Co., Ltd./Hong Kong Wells                    49.40
 Ltd.\14\............................................
------------------------------------------------------------------------

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).
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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'').
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \24\ For a full discussion of this practice, see Assessment 
Practice Refinement, 76 FR at 65694 (October 24, 2011).
---------------------------------------------------------------------------

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



                                                                             Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices                                                    79435

                                                  DEPARTMENT OF COMMERCE                                     For the reasons stated above, and                  Office V, Enforcement and Compliance,
                                                                                                          because there are no compelling reasons               International Trade Administration,
                                                  International Trade Administration                      to deny Petitioner’s request, the                     Department of Commerce, 14th Street
                                                  [A–580–889]                                             Department is postponing the deadline                 and Constitution Avenue NW.,
                                                                                                          for the preliminary determination to no               Washington, DC 20230; telephone: (202)
                                                  Dioctyl Terephthalate From the                          later than 190 days after the day on                  482–4877.
                                                  Republic of Korea: Postponement of                      which the investigation was initiated, in             SUPPLEMENTARY INFORMATION:
                                                  Preliminary Determination of                            accordance with section 733(c)(1)(A) of
                                                  Antidumping Duty Investigation                          the Act. Accordingly, the Department                  Background
                                                                                                          intends to issue the preliminary                         On October 1, 2015, the Department
                                                  AGENCY:  Enforcement and Compliance,                    determination no later than January 26,
                                                  International Trade Administration,                                                                           published a notice of ‘‘Opportunity to
                                                                                                          2017. In accordance with section                      Request Administrative Review’’ of the
                                                  Department of Commerce.                                 735(a)(1) of the Act and 19 CFR                       antidumping order on steel wire
                                                  DATES: Effective November 14, 2016.                     351.210(b)(1), the deadline for the final             garment hangers from the PRC.1 In
                                                  FOR FURTHER INFORMATION CONTACT:                        determination of this investigation will              November 2015, the Department
                                                  Shanah Lee or Laurel LaCivita, AD/CVD                   continue to be 75 days after the date of              received multiple timely requests to
                                                  Operations, Office III, Enforcement and                 the preliminary determination, unless                 conduct an administrative review of the
                                                  Compliance, International Trade                         postponed at a later date.                            antidumping duty order on steel wire
                                                  Administration, U.S. Department of                         This notice is issued and published                garment hangers from the PRC.2 Based
                                                  Commerce, 14th Street and Constitution                  pursuant to section 733(c)(2) of the Act              upon these requests, on December 3,
                                                  Avenue NW., Washington, DC 20230;                       and 19 CFR 351.205(f)(1).                             2015, the Department published a notice
                                                  telephone: (202) 482–6386 or (202) 482–
                                                                                                            Dated: November 3, 2016.                            of initiation of an administrative review
                                                  4243, respectively.
                                                                                                          Paul Piquado,                                         (‘‘AR’’) of the Order covering the period
                                                  SUPPLEMENTARY INFORMATION:                                                                                    October 1, 2014, to September 30,
                                                                                                          Assistant Secretary for Enforcement and
                                                  Background                                              Compliance.                                           2015.3 The Department initiated the
                                                                                                          [FR Doc. 2016–27262 Filed 11–10–16; 8:45 am]          administrative review with respect to 46
                                                     On July 20, 2016, the Department of
                                                  Commerce (‘‘Department’’) initiated an                  BILLING CODE 3510–DS–P
                                                                                                                                                                companies.4 On December 16, 2015,
                                                  antidumping duty investigation                                                                                Petitioner withdrew its request for an
                                                  concerning imports of dioctyl                                                                                 administrative review on 44
                                                  terephthalate (‘‘DOTP’’) from the                       DEPARTMENT OF COMMERCE                                companies.5 On June 2, 2016, the
                                                  Republic of Korea (‘‘Korea’’).1 The                                                                           Department extended the period for
                                                  notice of initiation stated that, in                    International Trade Administration                    issuing the preliminary results by 120
                                                  accordance with section 733(b)(1)(A) of                                                                       days.6 As explained in the
                                                                                                          [A–570–918]
                                                  the Tariff Act of 1930, as amended (‘‘the                                                                     memorandum from the Acting Assistant
                                                  Act’’), and 19 CFR 351.205(b)(1), we                    Steel Wire Garment Hangers From the                   Secretary for Enforcement and
                                                  would issue our preliminary                             People’s Republic of China:                           Compliance, the Department exercised
                                                  determination no later than 140 days                    Preliminary Results of Antidumping                    its discretion to toll deadlines because
                                                  after the date of initiation, unless                    Duty Administrative Review; 2014–                     of the closure of the Federal
                                                  postponed. Currently, the preliminary                   2015                                                  Government.7 The preliminary results
                                                  determination in this investigation is                                                                        were extended by four business days.8
                                                                                                          AGENCY:   Enforcement and Compliance,                 The revised deadline for the preliminary
                                                  due no later than December 7, 2016.
                                                                                                          International Trade Administration,                   results is November 4, 2016.
                                                  Postponement of Preliminary                             Department of Commerce.
                                                  Determination                                           SUMMARY: The Department of Commerce                      1 See Antidumping or Countervailing Duty Order,

                                                     If the petitioner makes a timely                     (‘‘Department’’) is conducting the                    Finding, or Suspended Investigation; Opportunity
                                                                                                          seventh administrative review of the                  To Request Administrative Review, 80 FR 59135
                                                  request for a postponement, section                                                                           (October 1, 2015).
                                                  733(c)(1)(A) of the Act allows the                      antidumping duty order on steel wire                     2 See Notice of Antidumping Duty Order: Steel
                                                  Department to postpone making the                       garment hangers (‘‘hangers’’) from the                Wire Garment Hangers From the People’s Republic
                                                  preliminary determination until no later                People’s Republic of China (‘‘PRC’’).                 of China, 73 FR 58111 (October 6, 2008) (‘‘Order’’).
                                                  than 190 days after the date on which                   The Department preliminarily finds that                  3 See Initiation of Antidumping and

                                                  the Department initiated the                            subject merchandise was sold in the                   Countervailing Duty Administrative Reviews, 80 FR
                                                                                                                                                                75657 (December 3, 2015).
                                                  investigation. On October 28, 2016,                     United States at prices below normal                     4 Id.
                                                  Eastman Chemical Company                                value during the period of review                        5 See Letter to the Secretary of Commerce from
                                                  (‘‘Petitioner’’) submitted a timely                     (‘‘POR’’), October 1, 2014, through                   Petitioner ‘‘Seventh Administrative Review of Steel
                                                  request for a postponement of the                       September 30, 2015. If these preliminary              Wire Garment Hangers from China—Petitioner’s
                                                  preliminary determination pursuant to                   results are adopted in our final results              Withdrawal of Review Request’’ (December 16,
                                                                                                                                                                2015).
                                                  section 733(c)(1)(A) of the Act and 19                  of review, we will instruct U.S. Customs                 6 See Memorandum from Christian Marsh, Deputy
                                                  CFR 351.205(e), in order to provide the                 and Border Protection (‘‘CBP’’) to assess             Assistant Secretary for Antidumping and
                                                  Department sufficient time to review all                antidumping duties on all appropriate                 Countervailing Duty Operations from Jessica Weeks
                                                  relevant information from the                           entries of subject merchandise during                 ‘‘Steel Wire Garment Hangers From the People’s
                                                  respondents and issue appropriate                       the POR. We invite interested parties to              Republic of China (‘‘PRC’’): Extension of Deadline
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                                                                                for Preliminary Results of Antidumping Duty
                                                  requests for clarification or additional                comment on these preliminary results.                 Administrative Review’’ (June 2,2016).
                                                  information.2                                           DATES: Effective November 14, 2016.                      7 See Memorandum for the Record from Ron

                                                                                                                                                                Lorentzen, Acting Assistant Secretary for
                                                                                                          FOR FURTHER INFORMATION CONTACT:
                                                    1 See Dioctyl Terephthalate From the Republic of                                                            Enforcement and Compliance, ‘‘Tolling of
                                                  Korea: Initiation of Less-Than-Fair-Value               Jessica Weeks, AD/CVD Operations,                     Administrative Deadlines as a Result of the
                                                  Investigation, 81 FR 49628 (July 28, 2016).                                                                   Government Closure during Snowstorm ‘Jonas,’’’
                                                    2 See Letter from Petitioner, ‘‘Dioctyl               Postpone Preliminary Determination,’’ dated           (January 27, 2016).
                                                  Terephthalate (‘‘DOTP’’) from Korea; Request to         October 28, 2016.                                        8 Id.




                                             VerDate Sep<11>2014   17:26 Nov 10, 2016   Jkt 241001   PO 00000   Frm 00025   Fmt 4703   Sfmt 4703   E:\FR\FM\14NON1.SGM   14NON1


                                                  79436                      Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices

                                                  Scope of the Order                                      and the entity’s rate is not subject to                 parties in this review within five days
                                                     The merchandise subject to the Order                 change, (i.e., 187.25 percent).13                       of the date of any public announcement
                                                  is steel wire garment hangers. The                                                                              of this notice in accordance with 19 CFR
                                                                                                          Methodology
                                                  products are currently classifiable under                                                                       351.224(b).
                                                  the Harmonized Tariff Schedule of the                      The Department is conducting this                       Interested parties may submit case
                                                  United States (‘‘HTSUS’’) subheadings:                  review in accordance with section                       briefs within 30 days after the date of
                                                  7326.20.0020, 7323.99.9060, and                         751(a)(1)(B) of the Tariff Act of 1930, as              publication of these preliminary results
                                                  7323.99.9080. Although the HTSUS                        amended (‘‘the Act’’). The Department                   of review in the Federal Register.15
                                                  subheadings are provided for                            calculated constructed export prices and                Rebuttals to case briefs, which must be
                                                  convenience and customs purposes, the                   export prices in accordance with section                limited to issues raised in the case
                                                  written product description of the scope                772 of the Act. Because the PRC is a                    briefs, must be filed within five days
                                                  of the order remains dispositive.9                      nonmarket economy (‘‘NME’’) within                      after the time limit for filing case
                                                                                                          the meaning of section 771(18) of the                   briefs.16 Parties who submit arguments
                                                  Separate Rates                                          Act, normal value is calculated in                      are requested to submit with the
                                                    The Department preliminarily                          accordance with section 773(c) of the                   argument: (a) A statement of the issue
                                                  determines that information 10 placed                   Act.                                                    (b) a brief summary of the argument,
                                                  on the record by Shanghai Wells Hanger                     For a full description of the                        and (c) a table of authorities.17 Parties
                                                  Co., Ltd. and Hong Kong Wells Ltd.11                    methodology underlying our                              submitting briefs should do so pursuant
                                                  demonstrates that these companies are                   conclusions, see the Preliminary                        to the Department’s electronic filing
                                                  entitled to separate rate status. For                   Decision Memorandum. A list of the                      system, ACCESS.18
                                                  additional information, see the                         topics included in the Preliminary                         Any interested party may request a
                                                  Preliminary Decision Memorandum.                        Decision Memorandum is included as                      hearing within 30 days of publication of
                                                                                                          an appendix to this notice. The                         this notice.19 Hearing requests should
                                                  PRC-Wide Entity                                         Preliminary Decision Memorandum is a                    contain the following information: (1)
                                                    The Department’s policy regarding                     public document and is on file                          The party’s name, address, and
                                                  conditional review of the PRC-wide                      electronically via Enforcement and                      telephone number; (2) the number of
                                                  entity applies to this administrative                   Compliance’s Antidumping and                            participants; and (3) a list of the issues
                                                  review.12 Under this policy, the PRC-                   Countervailing Duty Centralized                         to be discussed. Oral presentations will
                                                  wide entity will not be under review                    Electronic Service System (‘‘ACCESS’’).                 be limited to issues raised in the
                                                  unless a party specifically requests, or                ACCESS is available to registered users                 briefs.20 Parties requesting a hearing
                                                  the Department self-initiates, a review of              at https://access.trade.gov and to all                  should do so pursuant to the
                                                  the entity. Because no party requested a                parties in the Central Records Unit,                    Department’s electronic filing system,
                                                  review of the PRC-wide entity in this                   room B8024 of the main Department of                    ACCESS.21 If a party requests a hearing,
                                                  review, the entity is not under review                  Commerce building. In addition, a                       the Department will inform parties of
                                                                                                          complete version of the Preliminary                     the scheduled date for the hearing
                                                    9 See Memorandum to Paul Piquado, Assistant
                                                                                                          Decision Memorandum is available at                     which will be held at the U.S.
                                                  Secretary for Enforcement and Compliance, from          http://enforcement.trade.gov/frn/. The                  Department of Commerce, 14th Street
                                                  Christian Marsh, Deputy Assistant Secretary for
                                                  Antidumping and Countervailing Duty Operations,         signed Preliminary Decision                             and Constitution Avenue NW.,
                                                  regarding ‘‘Decision Memorandum for the                 Memorandum and the electronic                           Washington, DC 20230, at a time and
                                                  Preliminary Results of the Antidumping Duty             versions of the Preliminary Decision                    location to be determined.22
                                                  Administrative Review of Steel Wire Garment             Memorandum are identical in content.                       Unless otherwise extended, the
                                                  Hangers From the People’s Republic of China;                                                                    Department intends to issue the final
                                                  2014–2015,’’ dated concurrently with and hereby         Preliminary Results of Review
                                                  adopted by this notice, (‘‘Preliminary Decision                                                                 results of this administrative review,
                                                  Memorandum’’) for a complete description of the           The Department preliminarily                          which will include the results of our
                                                  scope of the Order.                                     determines that the following weighted-                 analysis of all issues raised in parties’
                                                    10 See Shanghai Wells’ Section A questionnaire
                                                                                                          average dumping margin exists for the                   case briefs, within 120 days of
                                                  response, dated January 5, 2016 at pages 2–10.
                                                    11 In the first administrative review of the Order,   POR from October 1, 2014, through                       publication of these preliminary results
                                                  the Department found that Shanghai Wells Hanger         September 30, 2015:                                     in the Federal Register, pursuant to
                                                  Co., Ltd. and Hong Kong Wells Ltd. are a single                                                                 section 751(a)(3)(A) of the Act.
                                                  entity and, because there were no changes to the                                           Weighted-average
                                                  facts that supported that decision since that                     Exporter                 dumping margin     Assessment Rates
                                                  determination was made, we continue to find that                                               (percent)
                                                  these companies are part of a single entity for this
                                                                                                                                                                  Upon issuance of the final results,
                                                  administrative review. See Steel Wire Garment                                                                 pursuant to section 751(a)(2)(C) of the
                                                                                                          Shanghai Wells Hanger
                                                  Hangers From the People’s Republic of China:                                                                  Act and 19 CFR 351.212(b), the
                                                  Preliminary Results and Preliminary Rescission, in
                                                                                                            Co., Ltd./Hong Kong
                                                  Part, of the First Antidumping Duty Administrative        Wells Ltd.14 .................                49.40 Department will determine, and CBP
                                                  Review, 75 FR 68758, 68761 (November 9, 2010),
                                                                                                                                                                shall assess, antidumping duties on all
                                                  unchanged in First Administrative Review of Steel       Disclosure, Public Comment and                        appropriate entries covered by this
                                                  Wire Garment Hangers From the People’s Republic
                                                  of China: Final Results and Final Partial Rescission
                                                                                                          Opportunity To Request a Hearing
                                                                                                                                                                  Wells Ltd. (collectively ‘‘Shanghai Wells’’) to be a
                                                  of Antidumping Duty Administrative Review, 76 FR          The Department intends to disclose                    single entity.
                                                  27994, 27996 (May 13, 2011); see also Steel Wire                                                                  15 See 19 CFR 351.309(c)(1)(ii).
                                                  Garment Hangers from the People’s Republic of           the calculations used in our analysis to
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                                                                                                                                                                    16 See 19 CFR 351.309(d)(1)–(2).
                                                  China: Final Results of Antidumping Duty                                                                          17 See 19 CFR 351.309(c)(2) and (d)(2).
                                                  Administrative Review, 2013–2014, 80 FR 69942             13 See Steel Wire Garment Hangers From the
                                                                                                                                                                    18 See 19 CFR 351.303 (for general filing
                                                  (November 2, 2015).                                     People’s Republic of China: Final Results of
                                                    12 See Antidumping Proceedings: Announcement          Antidumping Duty Administrative Review, 2012–           requirements).
                                                                                                                                                                    19 See 19 CFR 351.310(c).
                                                  of Change in Department Practice for Respondent         2013, 80 FR 13332, and accompanying Issues and
                                                                                                                                                                    20 Id.
                                                  Selection in Antidumping Duty Proceedings and           Decision Memorandum (March 13, 2015) (‘‘5th AR
                                                  Conditional Review of the Nonmarket Economy             Hangers Final Results’’).                                 21 See 19 CFR 351.303 (for general filing

                                                  Entity in NME Antidumping Duty Proceedings, 78            14 As previously stated, we continue to find          requirements).
                                                  FR 65963 (November 4, 2013).                            Shanghai Wells Hanger Co., Ltd. and Hong Kong             22 See 19 CFR 351.310(d).




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                                                                             Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices                                                     79437

                                                  review. The Department intends to issue                 is zero or de minimis, then zero cash                    i. U.S. Price
                                                  assessment instructions to CBP 15 days                  deposit will be required); (2) for                       j. Value-Added Tax
                                                  after the publication date of the final                 previously investigated or reviewed PRC                  k. Normal Value
                                                  results of this review.                                 and non-PRC exporters not listed above                   l. Factor Valuation Methodology
                                                     For any individually examined                        that have separate rates, the cash                       m. Currency Conversion
                                                  respondent whose weighted-average                       deposit rate will continue to be the                  5. Conclusion
                                                  dumping margin is above the de                          exporter-specific rate published for the              [FR Doc. 2016–27345 Filed 11–10–16; 8:45 am]
                                                  minimis threshold (i.e., 0.50 percent),                 most recently completed segment of this               BILLING CODE 3510–DS–P
                                                  the Department will calculate importer-                 proceeding in which they were
                                                  specific ad valorem assessment rates on                 reviewed; (3) for all PRC exporters of
                                                  the basis of the ratio of the total amount              subject merchandise that have not been                DEPARTMENT OF COMMERCE
                                                  of dumping calculated for the importer’s                found to be entitled to a separate rate,
                                                  examined sales and the total entered                    the cash deposit rate will be equal to the            International Trade Administration
                                                  value of sales. Where either the                        weighted-average dumping margin for                   [A–427–828]
                                                  respondent’s weighted-average dumping                   the PRC-wide entity (i.e., 187.25
                                                  margin is zero or de minimis, or an                     percent); and (4) for all non-PRC                     Certain Carbon and Alloy Steel Cut-To-
                                                  importer-specific ad valorem                            exporters of subject merchandise which                Length Plate From France: Preliminary
                                                  assessment rate is zero or de minimis,                  have not received their own separate                  Determination of Sales at Less Than
                                                  we will instruct CBP to liquidate the                   rate, the cash deposit rate will be the               Fair Value and Postponement of Final
                                                  appropriate entries without regard to                   rate applicable to the PRC exporter(s)                Determination
                                                  antidumping duties.                                     that supplied that non-PRC exporter.
                                                     In these preliminary results, the                    These cash deposit requirements, when                 AGENCY:   Enforcement and Compliance,
                                                  Department applied the assessment rate                  imposed, shall remain in effect until                 International Trade Administration,
                                                  calculation method adopted in Final                     further notice.                                       Department of Commerce.
                                                  Modification for Reviews, i.e., on the                                                                        SUMMARY: The Department of Commerce
                                                  basis of monthly average-to-average                     Notification to Importers                             (the Department) preliminarily
                                                  comparisons using only the transactions                   This notice also serves as a                        determines that certain carbon and alloy
                                                  associated with that importer with                      preliminary reminder to importers of                  steel cut-to-length plate (CTL plate)
                                                  offsets being provided for non-dumped                   their responsibility under 19 CFR                     from France is being, or is likely to be,
                                                  comparisons.23                                          351.402(f)(2) to file a certificate                   sold in the United States at less than fair
                                                     Pursuant to a refinement in the                      regarding the reimbursement of                        value (LTFV). The period of
                                                  Department’s NME practice, for sales                    antidumping duties prior to liquidation               investigation (POI) is April 1, 2015,
                                                  that were not reported in the U.S. sales                of the relevant entries during this                   through March 31, 2016. The estimated
                                                  data submitted by companies                             review period. Failure to comply with                 weighted-average dumping margins of
                                                  individually examined during this                       this requirement could result in the                  sales at LTFV are shown in the
                                                  review, the Department will instruct                    Department’s presumption that                         ‘‘Preliminary Determination’’ section of
                                                  CBP to liquidate entries associated with                reimbursement of antidumping duties                   this notice. Interested parties are invited
                                                  those sales at the rate for the PRC-wide                occurred and the subsequent assessment                to comment on this preliminary
                                                  entity. In addition, if the Department                  of double antidumping duties.                         determination.
                                                  determines that an exporter under                       Notification to Interested Parties                    DATES:   Effective November 14, 2016.
                                                  review had no shipments of the subject
                                                                                                             This administrative review and notice              FOR FURTHER INFORMATION CONTACT:
                                                  merchandise, any suspended entries
                                                                                                          is issued and published in accordance                 Terre Keaton Stefanova or Brandon
                                                  that entered under that exporter’s case
                                                                                                          with sections 751(a)(1) and 777(i)(1) of              Custard, AD/CVD Operations, Office II,
                                                  number (i.e., at that exporter’s cash
                                                                                                          the Act, and 19 CFR 351.221(b)(4) and                 Enforcement and Compliance,
                                                  deposit rate) will be liquidated at the
                                                                                                          19 CFR 351.213.                                       International Trade Administration,
                                                  rate for the PRC-wide entity.24
                                                                                                                                                                U.S. Department of Commerce, 1401
                                                                                                            Dated: November 4, 2016                             Constitution Avenue NW., Washington,
                                                  Cash Deposit Requirements
                                                                                                          Paul Piquado,                                         DC 20230; telephone: (202) 482–1280 or
                                                    The following cash deposit                            Assistant Secretary for Enforcement and
                                                  requirements will be effective upon                                                                           (202) 482–1823, respectively.
                                                                                                          Compliance.
                                                  publication of the final results of this                                                                      SUPPLEMENTARY INFORMATION:
                                                  administrative review for all shipments                 Attachment—List of Topics Discussed
                                                                                                                                                                Background
                                                  of the subject merchandise from the PRC                 in the Preliminary Decision
                                                  entered, or withdrawn from warehouse,                   Memorandum                                               The Department initiated this
                                                  for consumption on or after the                         1. Summary                                            investigation on April 28, 2016.1 We
                                                  publication date, as provided by section                2. Background                                         selected two mandatory respondents in
                                                  751(a)(2)(C) of the Act: (1) For the                    3. Scope of the Order                                 this investigation, Dillinger France S.A.
                                                  company listed above, the cash deposit                  4. Discussion of the Methodology                      (Dillinger) and Industeel France S.A.
                                                  rate will be established in the final                      a. NME Country Status                              (Industeel). For a complete description
                                                  results of this review (except, if the rate                b. Separate Rates                                  of the events that followed the initiation
                                                                                                             c. Separate Rates Recipients- Wholly               of this investigation, see the
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                                                    23 See Antidumping Proceeding: Calculation of               Foreign Owned                                   memorandum that is dated concurrently
                                                  the Weighted-Average Dumping Margin and                    d. Surrogate Country and Surrogate
                                                  Assessment Rate in Certain Antidumping                        Value Data                                        1 See Certain Carbon and Alloy Steel Cut-To-
                                                  Proceedings; Final Modification, 77 FR 8101, 8103          e. Surrogate Country                               Length Plate From Austria, Belgium, Brazil, France,
                                                  (February 14, 2012) (‘‘Final Modification for                                                                 the Federal Republic of Germany, Italy, Japan, the
                                                  Reviews’’).
                                                                                                             f. Date of Sale
                                                                                                                                                                Republic of Korea, the People’s Republic of China,
                                                    24 For a full discussion of this practice, see           g. Comparisons to Normal Value                     South Africa, Taiwan, and the Republic of Turkey:
                                                  Assessment Practice Refinement, 76 FR at 65694             h. Results of Differential Pricing                 Initiation of Less-Than-Fair Value Investigations, 81
                                                  (October 24, 2011).                                           Analysis                                        FR 27089 (May 5, 2016) (Initiation Notice).



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Document Created: 2018-10-24 10:45:51
Document Modified: 2018-10-24 10:45:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective November 14, 2016.
ContactJessica 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.
FR Citation81 FR 79435 

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