82 FR 22485 - Steel Wire Garment Hangers From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of Administrative Review and New Shipper Review and Notice of Amended Final Results Pursuant to Court Decision
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 93 (May 16, 2017)
International Trade Administration
Federal Register Volume 82, Issue 93 (May 16, 2017)
| Page Range | 22485-22486 | |
| FR Document | 2017-09871 |
[Federal Register Volume 82, Number 93 (Tuesday, May 16, 2017)] [Notices] [Pages 22485-22486] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-09871] [[Page 22485]] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-918] Steel Wire Garment Hangers From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of Administrative Review and New Shipper Review and Notice of Amended Final Results Pursuant to Court Decision AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Court of International Trade (CIT or Court) sustained the final remand results pertaining to the fourth administrative review and new shipper review of the antidumping duty order on steel wire garment hangers from the People's Republic of China (PRC) covering the period of October 1, 2011, through September 30, 2012. The Department of Commerce (Department) is notifying the public that this case is not in harmony with the final results of the administrative review and new shipper review. Therefore, the Department is amending the final results with respect to the dumping margin assigned to Hangzhou Yingqing Material Co. Ltd. (Yingqing). DATES: Effective May 1, 2017. FOR FURTHER INFORMATION CONTACT: Jessica Weeks, AD/CVD Operations Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC, 20230; telephone: (202) 482-4877. SUPPLEMENTARY INFORMATION: Background On June 2, 2014, the Department published its AR4/NSR Final Results,\1\ which covered Shanghai Wells Hanger Co., Ltd, the PRC-wide entity, and Yingqing \2\ as respondents.\3\ Yingqing challenged certain aspects of the AR4/NSR Final Results, including the allocation of labor expenses when calculating surrogate financial ratios and whether the expense of obtaining a letter of credit should be included when valuing brokerage and handling (B&H). --------------------------------------------------------------------------- \1\ See Steel Wire Garment Hangers from the People's Republic of China: Final Results of Antidumping Duty Administrative Review and New Shipper Review, 2011-2012, 79 FR 31298 (June 2, 2014) (AR4/NSR Final Results) and accompanying Issues and Decision Memorandum (IDM). \2\ Yingqing and Hangzhou Qingqing Mechanical Co., Ltd. are in an exporter/manufacturer combination rate. See AR4/NSR Final Results and accompanying IDM. \3\ The AR4/NSR Final Results and accompanying IDM pertain to both the fourth administrative review of steel wire garment hangers from the People's Republic of China and the aligned new shipper review of Yingqing. --------------------------------------------------------------------------- On December 21, 2016, the Court remanded AR4/NSR Final Results for the Department to reconsider the allocation of labor costs in the surrogate financial ratios calculations \4\ and to reconsider its refusal to deduct the expense of obtaining a letter of credit in light of information on the record.\5\ In accordance with the Court's remand order, the Department reconsidered these issues and filed its Final Remand Results with the Court on March 17, 2017.\6\ In the Final Remand Results, the Department provided further explanations concerning its allocation of labor costs and departure from its methodology in the fourth administrative review of certain steel nails from the PRC.\7\ The Department also determined that record evidence supported deducting the cost of obtaining a letter of credit from the total amount of B&H expenses.\8\ On April 21, 2017, the Court sustained the Department's Final Remand Results in Hangzhou Yingqing Material.\9\ --------------------------------------------------------------------------- \4\ See Hangzhou Yingqing Material Co. v. United States, 195 F. Supp. 3d 1299, 1310-11 (CIT 2016). \5\ Id. at 1311-12. \6\ See Redetermination Pursuant to Court Remand Order in Hangzhou Yingqing Material Co. Ltd. et al. v. United States, Court No. 14-00133 (March 17, 2017) (Final Remand Results). \7\ See Final Remand Results at 9 and 10; see also Certain Steel Nails from the People's Republic of China: Final Results of the Fourth Antidumping Duty Administrative Review, 79 FR 19316 (April 8, 2014). \8\ See Final Remand Results at 11 and 12. \9\ See Hangzhou Yingqing Material Co. and Hangzhou Qingqing Mechanical Co. v. United States, Court No. 14-00133, Slip Op. 17-47 (CIT April 21, 2017) (Hangzhou Yingqing Material). --------------------------------------------------------------------------- Timken Notice In its decision in Timken,\10\ as clarified by Diamond Sawblades,\11\ the Court of Appeals for the Federal Circuit held that, pursuant to section 516A(e) of the Tariff Act of 1930, as amended (the Act), the Department must publish a notice of a court decision that is not ``in harmony'' with a Department determination and must suspend liquidation of entries pending a ``conclusive'' court decision. The Court's April 21, 2017, judgment in Hangzhou Yingqing Material constitutes a final decision of the Court that is not in harmony with the Department's AR4/NSR Final Results. This notice is published in fulfillment of the publication requirement of Timken. Accordingly, the Department will continue the suspension of liquidation of the subject merchandise at issue pending expiration of the period to appeal or, if appealed, a final and conclusive court decision. --------------------------------------------------------------------------- \10\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. Cir. 1990) (Timken). \11\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). --------------------------------------------------------------------------- Amended Final Results Because there is now a final court decision, the Department amends the AR4/NSR Final Results with respect to the companies identified below. Based on the Remand Results, as affirmed by the Court in Hangzhou Yingqing Material, the revised combination-rate weighted average-dumping margin for the companies listed below during the period October 1, 2011 through September 30, 2012 is as follows: ------------------------------------------------------------------------ Weighted- average Exporter Producer margin (percent) ------------------------------------------------------------------------ Hangzhou Yingqing Material Co. Hangzhou Qingqing 40.39 Ltd. Mechanical Co. Ltd. ------------------------------------------------------------------------ In the event that the CIT's ruling is not appealed or, if appealed, is upheld by a final and conclusive court decision, the Department will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on unliquidated entries of subject merchandise based on the revised dumping margin listed above. Cash Deposit Requirements Because there is now a final court decision, we are amending the AR4/NSR Final Results and have revised the weighted-average dumping margin for the companies as shown above. As a result of the Final Remand Results, and as affirmed by the Court in Hangzhou Yingqing Material, the cash deposit rate for the companies listed above is 40.39%, effective May 1, 2017. The [[Page 22486]] Department will instruct CBP accordingly. Notification to Interested Parties This notice is issued and published in accordance with sections 516A(e)(1), 751(a)(1), and 777(i)(1) of the Act. Dated: May 10, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017-09871 Filed 5-15-17; 8:45 a.m.] BILLING CODE 3510-DS-P
![Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Notices 22485
DEPARTMENT OF COMMERCE Constitution Avenue NW., Washington, Department’s Final Remand Results in
DC, 20230; telephone: (202) 482–4877. Hangzhou Yingqing Material.9
International Trade Administration SUPPLEMENTARY INFORMATION:
Timken Notice
[A–570–918] Background In its decision in Timken,10 as
On June 2, 2014, the Department clarified by Diamond Sawblades,11 the
Steel Wire Garment Hangers From the published its AR4/NSR Final Results,1 Court of Appeals for the Federal Circuit
People’s Republic of China: Notice of which covered Shanghai Wells Hanger held that, pursuant to section 516A(e) of
Court Decision Not in Harmony With Co., Ltd, the PRC-wide entity, and the Tariff Act of 1930, as amended (the
Final Results of Administrative Review Yingqing 2 as respondents.3 Yingqing Act), the Department must publish a
and New Shipper Review and Notice of challenged certain aspects of the AR4/ notice of a court decision that is not ‘‘in
Amended Final Results Pursuant to NSR Final Results, including the harmony’’ with a Department
Court Decision allocation of labor expenses when determination and must suspend
AGENCY: Enforcement and Compliance, calculating surrogate financial ratios liquidation of entries pending a
International Trade Administration, and whether the expense of obtaining a ‘‘conclusive’’ court decision. The
Department of Commerce. letter of credit should be included when Court’s April 21, 2017, judgment in
valuing brokerage and handling (B&H). Hangzhou Yingqing Material constitutes
SUMMARY: The Court of International
On December 21, 2016, the Court a final decision of the Court that is not
Trade (CIT or Court) sustained the final remanded AR4/NSR Final Results for in harmony with the Department’s AR4/
remand results pertaining to the fourth the Department to reconsider the NSR Final Results. This notice is
administrative review and new shipper allocation of labor costs in the surrogate published in fulfillment of the
review of the antidumping duty order financial ratios calculations 4 and to publication requirement of Timken.
on steel wire garment hangers from the reconsider its refusal to deduct the Accordingly, the Department will
People’s Republic of China (PRC) expense of obtaining a letter of credit in continue the suspension of liquidation
covering the period of October 1, 2011, light of information on the record.5 In of the subject merchandise at issue
through September 30, 2012. The accordance with the Court’s remand pending expiration of the period to
Department of Commerce (Department) order, the Department reconsidered appeal or, if appealed, a final and
is notifying the public that this case is these issues and filed its Final Remand conclusive court decision.
not in harmony with the final results of Results with the Court on March 17,
the administrative review and new 2017.6 In the Final Remand Results, the Amended Final Results
shipper review. Therefore, the Department provided further Because there is now a final court
Department is amending the final explanations concerning its allocation of decision, the Department amends the
results with respect to the dumping labor costs and departure from its AR4/NSR Final Results with respect to
margin assigned to Hangzhou Yingqing methodology in the fourth the companies identified below. Based
Material Co. Ltd. (Yingqing). administrative review of certain steel on the Remand Results, as affirmed by
DATES: Effective May 1, 2017. nails from the PRC.7 The Department the Court in Hangzhou Yingqing
FOR FURTHER INFORMATION CONTACT: also determined that record evidence Material, the revised combination-rate
Jessica Weeks, AD/CVD Operations supported deducting the cost of weighted average-dumping margin for
Office V, Enforcement and Compliance, obtaining a letter of credit from the total the companies listed below during the
International Trade Administration, amount of B&H expenses.8 On April 21, period October 1, 2011 through
U.S. Department of Commerce, 1401 2017, the Court sustained the September 30, 2012 is as follows:
Weighted-
average
Exporter Producer margin
(percent)
Hangzhou Yingqing Material Co. Ltd ............................................. Hangzhou Qingqing Mechanical Co. Ltd ...................................... 40.39
In the event that the CIT’s ruling is merchandise based on the revised weighted-average dumping margin for
not appealed or, if appealed, is upheld dumping margin listed above. the companies as shown above. As a
by a final and conclusive court decision, result of the Final Remand Results, and
Cash Deposit Requirements
the Department will instruct U.S. as affirmed by the Court in Hangzhou
Customs and Border Protection (CBP) to Because there is now a final court Yingqing Material, the cash deposit rate
assess antidumping duties on decision, we are amending the AR4/ for the companies listed above is
unliquidated entries of subject NSR Final Results and have revised the 40.39%, effective May 1, 2017. The
1 See Steel Wire Garment Hangers from the People’s Republic of China and the aligned new Duty Administrative Review, 79 FR 19316 (April 8,
People’s Republic of China: Final Results of shipper review of Yingqing. 2014).
Antidumping Duty Administrative Review and New 4 See Hangzhou Yingqing Material Co. v. United 8 See Final Remand Results at 11 and 12.
Shipper Review, 2011–2012, 79 FR 31298 (June 2,
sradovich on DSK3GMQ082PROD with NOTICES
States, 195 F. Supp. 3d 1299, 1310–11 (CIT 2016). 9 See Hangzhou Yingqing Material Co. and
2014) (AR4/NSR Final Results) and accompanying 5 Id. at 1311–12.
Issues and Decision Memorandum (IDM). Hangzhou Qingqing Mechanical Co. v. United
2 Yingqing and Hangzhou Qingqing Mechanical
6 See Redetermination Pursuant to Court Remand States, Court No. 14–00133, Slip Op. 17–47 (CIT
Co., Ltd. are in an exporter/manufacturer Order in Hangzhou Yingqing Material Co. Ltd. et al. April 21, 2017) (Hangzhou Yingqing Material).
combination rate. See AR4/NSR Final Results and v. United States, Court No. 14–00133 (March 17, 10 See Timken Co. v. United States, 893 F.2d 337,
accompanying IDM. 2017) (Final Remand Results). 341 (Fed. Cir. 1990) (Timken).
3 The AR4/NSR Final Results and accompanying 7 See Final Remand Results at 9 and 10; see also 11 See Diamond Sawblades Mfrs. Coalition v.
IDM pertain to both the fourth administrative Certain Steel Nails from the People’s Republic of United States, 626 F.3d 1374 (Fed. Cir. 2010)
review of steel wire garment hangers from the China: Final Results of the Fourth Antidumping (Diamond Sawblades).
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![22486 Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Notices
Department will instruct CBP The petitioners are domestic producers industry support with respect to the
accordingly. of cold-drawn mechanical tubing.2 initiation of the CVD investigations that
On April 24, 2017, the Department the petitioners are requesting.5
Notification to Interested Parties requested supplemental information
This notice is issued and published in pertaining to certain areas of the Periods of Investigation
accordance with sections 516A(e)(1), Petitions.3 The petitioners filed Because the Petitions were filed on
751(a)(1), and 777(i)(1) of the Act. responses to these requests on April 28, April 19, 2017, the period of
Dated: May 10, 2017. 2017.4 investigation is January 1, 2016, through
Ronald K. Lorentzen,
In accordance with section 702(b)(1) December 31, 2016.
of the Tariff Act of 1930, as amended
Acting Assistant Secretary for Enforcement
(the Act), the petitioners allege that the Scope of the Investigations
and Compliance.
Governments of India (GOI) and the PRC The product covered by these
[FR Doc. 2017–09871 Filed 5–15–17; 8:45 a.m.]
(GOC) are providing countervailable investigations is cold-drawn mechanical
BILLING CODE 3510–DS–P
subsidies, within the meaning of tubing from India and the PRC. For a
sections 701 and 771(5) of the Act, to full description of the scope of these
imports of cold-drawn mechanical investigations, see the ‘‘Scope of the
DEPARTMENT OF COMMERCE
tubing from India and the PRC, Investigations,’’ in Appendix I of this
International Trade Administration respectively, and that such imports are notice.
materially injuring the domestic
[C–533–874; C–570–059] Comments on Scope of the
industry producing cold-drawn
Investigations
mechanical tubing in the United States.
Certain Cold-Drawn Mechanical Tubing During our review of the Petitions, the
Also, consistent with section 702(b)(1)
of Carbon and Alloy Steel From India Department issued questions to, and
of the Act, for those alleged programs on
and the People’s Republic of China: received responses from, the petitioners
which we are initiating a CVD
Initiation of Countervailing Duty pertaining to the proposed scope to
investigation, the Petitions are
Investigations ensure that the scope language in the
accompanied by information reasonably
AGENCY: Enforcement and Compliance, available to the petitioners supporting Petitions would be an accurate
International Trade Administration, their allegations. reflection of the products for which the
Department of Commerce. The Department finds that the domestic industry is seeking relief.6
DATES: Effective May 9, 2017. petitioners filed these Petitions on As discussed in the preamble to the
FOR FURTHER INFORMATION CONTACT: Elfie
behalf of the domestic industry because Department’s regulations, we are setting
Blum at (202) 482–0197 (India); Yasmin the petitioners are interested parties as aside a period for interested parties to
Bordas at (202) 482–3813 (the People’s defined in section 771(9)(C) of the Act. raise issues regarding product coverage
Republic of China), AD/CVD The Department also finds that the (scope).7 The Department will consider
Operations, Enforcement and petitioners demonstrated sufficient all comments received from interested
Compliance, International Trade parties and, if necessary, will consult
Administration, U.S. Department of Countervailing Duties,’’ dated April 19, 2017 (the with the interested parties prior to the
Petitions). issuance of the preliminary
Commerce, 1401 Constitution Avenue 2 Id., Volume I of the Petitions, at 2.
NW., Washington, DC 20230. 3 See Letter from the Department, ‘‘Petition for the
determinations. If scope comments
Imposition of Countervailing Duties on Imports of
include factual information (see 19 CFR
SUPPLEMENTARY INFORMATION:
Certain Cold-Drawn Mechanical Tubing of Carbon 351.102(b)(21)) all such factual
The Petitions and Alloy Steel from India: Supplemental information should be limited to public
Questions,’’ dated April 24, 2017 (India CVD information. To facilitate preparation of
On April 19, 2017, the U.S. Supplemental Questionnaire); see also Letter from
Department of Commerce (the the Department, ‘‘Petitions for the Imposition of
its questionnaires, the Department
Department) received countervailing Antidumping and Countervailing Duties on Imports requests all interested parties to submit
duty (CVD) Petitions concerning of Certain Cold-Drawn Mechanical Tubing of such comments by 5:00 p.m. Eastern
Carbon and Alloy Steel from the People’s Republic Time (ET) on Tuesday, May 30, 2017,
imports of certain cold-drawn of China, the Federal Republic of Germany, India,
mechanical tubing of carbon and alloy Italy, the Republic of Korea, and Switzerland:
which is 20 calendar days from the
steel (cold-drawn mechanical tubing) Supplemental Questions,’’ dated April 24, 2017 signature date of this notice.8 Any
from India and the People’s Republic of (General Issues Supplemental Questionnaire); see rebuttal comments, which may include
also Letter from the Department ‘‘Petition for the factual information, must be filed by
China (the PRC), filed in proper form on Imposition of Countervailing Duties on Imports of
behalf of ArcelorMittal Tubular Certain Cold-Drawn Mechanical Tubing of Carbon
5:00 p.m. ET on Thursday, June 8, 2017,
Products; Michigan Seamless Tube, and Alloy Steel from the PRC: Supplemental which is 10 calendar days from the
LLC; PTC Alliance Corp.; Webco Questions,’’ dated April 24, 2017 (PRC CVD initial comments deadline.9
Supplemental Questionnaire). The Department requests that any
Industries, Inc.; and Zekelman 4 See Letter from the petitioners, ‘‘Certain Cold-
Industries, Inc. (collectively, the factual information the parties consider
Drawn Mechanical Tubing of Carbon and Alloy
petitioners). The CVD Petitions were Steel from India—Petitioners’ Response to relevant to the scope of the
accompanied by antidumping duty (AD) Supplemental Questionnaire Concerning investigations be submitted during this
Petitions concerning imports of cold-
Countervailing Duty Petition,’’ dated April 28, 2017 time period. However, if a party
(India CVD Supplement); see also Letter from the
drawn mechanical tubing from each of petitioners, ‘‘Certain Cold-Drawn Mechanical 5 See ‘‘Determination of Industry Support for the
the above countries, in addition to Italy, Tubing of Carbon and Alloy Steel from India—
sradovich on DSK3GMQ082PROD with NOTICES
Petition’’ section, below.
Switzerland, the Federal Republic of Petitioners’ Amendment to Volume I Relating to 6 See General Issues Supplemental Questionnaire;
General Issues,’’ dated April 28, 2017 (General
Germany, and the Republic of Korea.1 Issues Supplement); see also Letter from see also General Issues Supplement.
7 See Antidumping Duties; Countervailing Duties;
Petitioners, ‘‘Certain Cold-Drawn Mechanical
1 See ‘‘Certain Cold-Drawn Mechanical Tubing Of Tubing of Carbon and Alloy Steel from the People’s Final Rule, 62 FR 27296, 27323 (May 19, 1997).
8 The twenty-day deadline falls on May 29, 2017,
Carbon And Alloy Steel from the People’s Republic Republic of China—Petitioners’ Response to
Of China, the Federal Republic of Germany, India, Supplemental Questionnaire Concerning a federal holiday; accordingly, our due date will be
Italy, the Republic of Korea, and Switzerland— Countervailing Duty Petition,’’ dated April 28, 2017 on the next business day.
Petitions for the Imposition of Antidumping and (PRC CVD Supplement). 9 See 19 CFR 351.303(b).
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Document Created: 2017-05-16 13:52:14
Document Modified: 2017-05-16 13:52:14
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective May 1, 2017. | |
| Contact | Jessica Weeks, AD/CVD Operations Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC, 20230; telephone: (202) 482-4877. | |
| FR Citation | 82 FR 22485 |
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