83 FR 32634 - Steel Wire Garment Hangers From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 135 (July 13, 2018)

The Department of Commerce (Commerce) preliminarily determines that Shanghai Wells Hanger Co., Ltd., Hong Kong Wells Ltd., and Hong Kong Wells Ltd. (USA) (collectively, Shanghai Wells) sold subject merchandise in the United States at prices below normal value (NV) during the period of review (POR), October 1, 2016, through September 30, 2017. Interested parties are invited to comment on these preliminary results.

[Federal Register Volume 83, Number 135 (Friday, July 13, 2018)]
[Notices]
[Pages 32634-32636]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15019]


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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; 2016-
2017

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that Shanghai Wells Hanger Co., Ltd., Hong Kong Wells Ltd., and Hong 
Kong Wells Ltd. (USA) (collectively, Shanghai Wells) sold subject 
merchandise in the United States at prices below normal value (NV) 
during the period of review (POR), October 1, 2016, through September 
30, 2017. Interested parties are invited to comment on these 
preliminary results.

DATES: Applicable July 13, 2018.

FOR FURTHER INFORMATION CONTACT: Trenton Duncan or Ian Hamilton, AD/CVD 
Operations, Office V, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW, 
Washington, DC 20230; telephone: (202) 482-3539, or (202) 482-4798, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    This administrative review is being conducted in accordance with 
section 751(a) of the Tariff Act of 1930, as amended (the Act). 
Commerce published the notice of initiation of this administrative 
review on steel wire garment hangers from the People's Republic of 
China (China) on December 7, 2017.\1\ On April 26, 2018,\2\ Commerce 
partially rescinded the review on 17 companies. Commerce exercised its 
discretion to toll all deadlines affected by the closure of the Federal 
Government from January 20 through 22, 2018. As a result, the revised 
deadline for the preliminary results of this administrative review is 
now July 6, 2018.\3\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 57705 (December 7, 2017).
    \2\ See Steel Wire Garment Hangers from the People's Republic of 
China; 2016-2017; Partial Rescission of the Ninth Antidumping Duty 
Administrative Review, 83 FR 18276 (April 26, 2018).
    \3\ See Memorandum for The Record from Christian Marsh, Deputy 
Assistant Secretary for Enforcement and Compliance, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of 
the Federal Government,'' dated January 23, 2018. All deadlines in 
this segment of the proceeding have been extended by three days.
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Scope of the Order

    The merchandise subject to the Order is steel wire garment 
hangers.\4\ 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.\5\
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    \4\ See Notice of Antidumping Duty Order: Steel Wire Garment 
Hangers from the People's Republic of China, 73 FR 58111 (October 6, 
2008) (Order).
    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review of Steel Wire 
Garment Hangers from the People's Republic of China; 2016-2017,'' 
dated concurrently with and hereby adopted by this notice 
(Preliminary Decision Memorandum).
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China-Wide Entity

    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\6\ Under this policy, the 
China-wide entity will not be under review unless a party specifically 
requests, or Commerce self-initiates, a review of the entity. Because 
no party requested a review of the China-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).\7\
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    \6\ 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).
    \7\ See Steel Wire Garment Hangers from the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative 
Review; 2013-2014, 80 FR 41480 (July 15, 2015), and accompanying 
Preliminary Decision Memorandum, unchanged in Steel Wire Garment 
Hangers from the People's Republic of China: Final Results of 
Antidumping Duty Administrative Review, 2013-2014, 80 FR 69942 
(November 12, 2015).
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Separate Rates

    Commerce preliminarily determines that information placed on the 
record by Shanghai Wells demonstrates that this entity is entitled to 
separate rate status.\8\ For additional information, see the 
Preliminary Decision Memorandum.
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    \8\ See Shanghai Wells' January 18, 2018 Section A Questionnaire 
Response at 1-8.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Act. We calculated constructed export prices and 
export prices in accordance with section 772 of the Act. Because China 
is a non-market economy

[[Page 32635]]

(NME) within the meaning of section 771(18) of the Act, NV has been 
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 made available to the public via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov, and it is available to all parties in the 
Central Records Unit, Room B8024 of the main Department of Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum is available at http://enforcement.trade.gov/frn/. The 
signed and electronic versions of the Preliminary Decision Memorandum 
are identical in content.

Preliminary Results of the Review

    Commerce preliminarily determines that the following weighted-
average dumping margin exists for the POR:

------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
                        Exporter                              margin
                                                            (percent)
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Shanghai Wells Hanger Co., Ltd./Hong Kong Wells Ltd \9\            3.25
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Disclosure and Public Comment
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    \9\ In the first administrative review of the Order, Commerce 
found that Shanghai Wells Hanger Co., Ltd. and Hong Kong Wells Ltd. 
(collectively Shanghai Wells) 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, 2015-2016, 
82 FR 54324 (November 17, 2017).
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    Commerce intends to disclose the calculations performed for these 
preliminary results to the parties no later than ten days after the 
date of the public announcement of this notice in accordance with 19 
CFR 351.224(b). Pursuant to 19 CFR 351.309(c), interested parties may 
submit case briefs no later than 30 days after the date of publication 
of these preliminary results of review. Parties who submit case briefs 
or rebuttal briefs in this proceeding are encouraged to submit with 
each argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities. Rebuttal briefs, limited to 
issues raised in the case briefs, may be filed no later than five days 
after the case briefs are filed.\10\
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    \10\ See 19 CFR 351.309(d).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance within 30 days of the date of 
publication of this notice. Requests should contain: (1) The party's 
name, address and telephone number; (2) the number of participants; and 
(3) a list of issues parties intend to discuss. Issues raised in the 
hearing will be limited to those raised in the respective case and 
rebuttal briefs.\11\ If a request for a hearing is made, Commerce 
intends to hold the hearing at the U.S. Department of Commerce, 1401 
Constitution Ave. NW, Washington, DC 20230, at a date and time to be 
determined.\12\ Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.
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    \11\ See 19 CFR 351.310(c).
    \12\ See 19 CFR 351.310(d).
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    All submissions, with limited exceptions, must be filed 
electronically using ACCESS. An electronically filed document must be 
received successfully in its entirety by 5 p.m. Eastern Time (ET) on 
the due date. Documents excepted from the electronic submission 
requirements must be filed manually (e.g., in paper form) with the APO/
Dockets Unit in Room 18022 and stamped with the date and time of 
receipt by 5 p.m. ET on the due date.
    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, which will include the results 
of its analysis of issues raised in any briefs, within 120 days of 
publication of these preliminary results, pursuant to section 
751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results, Commerce will determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review.\13\ Commerce 
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 (estimated) ad valorem weighted-
average dumping margin is not zero or de minimis (i.e., less than 0.50 
percent) in the final results of this review, Commerce 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 those sales, in accordance with 19 
CFR 351.212(b)(1).\14\ 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 in the final 
results of this review is not zero or de minimis. Where either the 
respondent's ad valorem weighted-average dumping margin is zero or de 
minimis,\15\ 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.
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    \13\ See 19 CFR 351.212(b)(1).
    \14\ In these preliminary results, Commerce applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings; Final 
Modification, 77 FR 8101 (February 14, 2012).
    \15\ See 19 CFR 351.106(c)(2).
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    For entries that were not reported in the U.S. sales data submitted 
by companies individually examined during this review, Commerce will 
instruct CBP to liquidate such entries at the rate for the China-wide 
entity.\16\ Additionally, if Commerce 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 
China-wide entity.\17\
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    \16\ Id.
    \17\ Id.
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    In accordance with section 751(a)(2)(C) of the Act, the final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by the final 
results of this review and for future deposits of estimated antidumping 
duties, where applicable.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for 
shipments of the subject merchandise from China entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by section

[[Page 32636]]

751(a)(2)(C) of the Act: (1) For each specific company listed in the 
final results of this review, the cash deposit rate will be equal to 
the weighted-average dumping margin established in the final results of 
this review (except, if the ad valorem rate is de minimis, then the 
cash deposit rate will be zero); (2) for previously investigated or 
reviewed Chinese and non-Chinese exporters not listed above that have 
received a separate rate in a prior segment of this proceeding, the 
cash deposit rate will continue to be the existing exporter-specific 
cash deposit rate published for the most recently completed period; (3) 
for all Chinese exporters of subject merchandise that have not been 
found to be entitled to a separate rate, the cash deposit rate will be 
the rate for the China-wide entity; and (4) for all non-Chinese 
exporters of subject merchandise which have not received their own 
separate rate, the cash deposit rate will be the rate applicable to the 
Chinese exporter that supplied that non-Chinese exporter. These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in Commerce'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 are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.221(b)(4).

    Dated: July 6, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

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. 2018-15019 Filed 7-12-18; 8:45 am]
BILLING CODE 3510-DS-P