83 FR 53449 - Steel Wire Garment Hangers From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2016-2017
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 205 (October 23, 2018)
International Trade Administration
Federal Register Volume 83, Issue 205 (October 23, 2018)
| Page Range | 53449-53450 | |
| FR Document | 2018-23052 |
[Federal Register Volume 83, Number 205 (Tuesday, October 23, 2018)] [Notices] [Pages 53449-53450] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-23052] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-918] Steel Wire Garment Hangers From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2016-2017 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) 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 during the period of review (POR), October 1, 2016, through September 30, 2017. DATES: Applicable October 23, 2018. FOR FURTHER INFORMATION CONTACT: 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) 482-4798. SUPPLEMENTARY INFORMATION: Background Commerce published the Preliminary Results of this administrative review on steel wire garment hangers from the People's Republic of China (China) on July 13, 2018.\1\ For a discussion of the events subsequent to the Preliminary Results, see the Issues and Decision Memorandum.\2\ --------------------------------------------------------------------------- \1\ See Steel Wire Garment Hangers from the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017, 83 FR 32634 (July 13, 2018) (Preliminary Results), and accompanying Preliminary Decision Memorandum. \2\ See Memorandum, ``Issues and Decision Memorandum for the Administrative Review of the Antidumping Duty Order on Steel Wire Garment Hangers from the People's Republic of China; 2016-2017,'' dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). --------------------------------------------------------------------------- Scope of the Order The merchandise subject to the Order is steel wire garment hangers.\3\ 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. For a full description of the scope of the Order, see Issues and Decision Memorandum.\4\ --------------------------------------------------------------------------- \3\ See Notice of Antidumping Duty Order: Steel Wire Garment Hangers from the People's Republic of China, 73 FR 58111 (October 6, 2008) (Order). \4\ See Issues and Decision Memorandum at 2. --------------------------------------------------------------------------- Analysis of Comments Received All issues raised in the case briefs filed by parties in this review are addressed in the Issues and Decision Memorandum, which is incorporated herein by reference. A list of the issues which each party raised, follows in the Appendix to this notice. The Issues and 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 Issues and Decision Memorandum is available at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Changes Since the Preliminary Results Based on a review of the record and comments received from interested parties regarding our Preliminary Results, and for the reasons explained in the Issues and Decision Memorandum, we made revisions to our preliminary calculations of the weighted-average dumping margin for Shanghai Wells.\5\ --------------------------------------------------------------------------- \5\ Id. at 2-4. --------------------------------------------------------------------------- Separate Rates In the Preliminary Results, we found that information placed on the record by Shanghai Wells demonstrates that this entity is entitled to separate rate status, which we preliminarily granted.\6\ We received no information since the issuance of the Preliminary Results that provides a basis for reconsidering the determination with respect to the separate rate status of this entity. Therefore, for the final results, we continue to find that Shanghai Wells is eligible for a separate rate. --------------------------------------------------------------------------- \6\ See Preliminary Results, 83 FR at 32634; see also Preliminary Decision Memorandum at 4-5. --------------------------------------------------------------------------- Final Results of the Review Commerce determines that the following weighted-average dumping margin exists for the POR from October 1, 2016, through September 30, 2017: --------------------------------------------------------------------------- \7\ 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 Preliminary Results, 83 FR at 32635; see also 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). ------------------------------------------------------------------------ Weighted- average Exporter dumping margin (percent) ------------------------------------------------------------------------ Shanghai Wells Hanger Co., Ltd./Hong Kong Wells Ltd. \7\ 2.68 ------------------------------------------------------------------------ [[Page 53450]] Commerce's policy regarding conditional review of the China-wide entity applies to this administrative review.\8\ Under this policy, the China-wide entity will not be under review unless a party specifically requests, or Commerce self-initiates, a review of the China-wide entity. Because no party requested a review of the China-wide entity in this review, and we did not self-initiate a review, the entity is not under review and the entity's rate is not subject to change, (i.e., 187.25 percent).\9\ --------------------------------------------------------------------------- \8\ 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). \9\ 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). --------------------------------------------------------------------------- Assessment Rates Commerce will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with section 751(a)(2)(C) of the Act and 19 CFR 351.212(b). Commerce intends to issue assessment instructions to CBP 15 days after the date of publication of the final results of this review in the Federal Register. 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), 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).\10\ We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importer- specific ad valorem assessment rate calculated is not zero or de minimis. Where either the respondent's ad valorem weighted-average dumping margin is zero or de minimis, or an importer-specific ad valorem assessment rate is zero or de minimis,\11\ we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. --------------------------------------------------------------------------- \10\ In these final 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). \11\ See 19 CFR 351.106(c)(2). --------------------------------------------------------------------------- Consistent with Commerce's assessment practice in a review involving a non-market economy, for sales that were not reported in the U.S. sales data submitted by companies individually examined during this review, we will instruct CBP to liquidate entries associated with those sales at the rate for the China-wide entity. Furthermore, where we found 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.\12\ --------------------------------------------------------------------------- \12\ See Non-Market Economy Antidumping Proceedings: Assessment Practice Refinement, 76 FR 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 shipments of the subject merchandise from China 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 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 completed segment of the most recent 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 (i.e., 187.25 percent); 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. Disclosure We intend to disclose the calculations performed within five days of the date of public announcement of these final results of review, in accordance with 19 CFR 351.224(b). Notification to Importers Regarding the Reimbursement of Duties This notice also serves as a final 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 has occurred and the subsequent assessment of double antidumping duties. Notification Regarding Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties We are issuing and publishing these final results of administrative review in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5). Dated: October 16, 2018. Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance. Appendix Issues and Decision Memorandum Summary Background Scope of the Order Changes Since the Preliminary Results Discussion of the Issue Comment: Whether to Treat Other Income as an Offset to Selling, General, and Administrative Expenses Recommendation [FR Doc. 2018-23052 Filed 10-22-18; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 83, No. 205 / Tuesday, October 23, 2018 / Notices 53449
and Thailand have been aligned with DATES: Applicable October 23, 2018. Compliance’s Antidumping and
the final AD determinations of glycine FOR FURTHER INFORMATION CONTACT: Ian Countervailing Duty Centralized
from India and Thailand. Consequently, Hamilton, AD/CVD Operations, Office Electronic Service System (ACCESS).
the final CVD determination of glycine V, Enforcement and Compliance, ACCESS is available to registered users
from China will be issued on the same International Trade Administration, at https://access.trade.gov, and it is
date as the final AD determinations of Department of Commerce, 1401 available to all parties in the Central
glycine from India, Japan, and Thailand Constitution Avenue NW, Washington, Records Unit, Room B8024 of the main
and the final CVD determinations of DC 20230; telephone: (202) 482–4798. Department of Commerce building. In
glycine from India and Thailand, which SUPPLEMENTARY INFORMATION: addition, a complete version of the
are currently scheduled to be issued no Issues and Decision Memorandum is
later than January 7, 2019,9 unless Background available at
postponed. Commerce published the Preliminary http://enforcement.trade.gov/frn/. The
This notice is issued and published Results of this administrative review on signed and electronic versions of the
pursuant to section 705(a)(1) of the Act steel wire garment hangers from the Issues and Decision Memorandum are
and 19 CFR 351.210(g). People’s Republic of China (China) on identical in content.
Dated: October 17, 2018. July 13, 2018.1 For a discussion of the
events subsequent to the Preliminary Changes Since the Preliminary Results
Christian Marsh,
Results, see the Issues and Decision Based on a review of the record and
Deputy Assistant Secretary for Enforcement
Memorandum.2 comments received from interested
and Compliance.
[FR Doc. 2018–23101 Filed 10–22–18; 8:45 am] Scope of the Order parties regarding our Preliminary
Results, and for the reasons explained in
BILLING CODE 3510–DS–P The merchandise subject to the Order the Issues and Decision Memorandum,
is steel wire garment hangers.3 The we made revisions to our preliminary
products are currently classifiable under calculations of the weighted-average
DEPARTMENT OF COMMERCE the Harmonized Tariff Schedule of the dumping margin for Shanghai Wells.5
United States (HTSUS) subheadings:
International Trade Administration 7326.20.0020, 7323.99.9060, and Separate Rates
[A–570–918] 7323.99.9080. Although the HTSUS
subheadings are provided for In the Preliminary Results, we found
Steel Wire Garment Hangers From the convenience and customs purposes, the that information placed on the record by
People’s Republic of China: Final written product description of the scope Shanghai Wells demonstrates that this
Results of Antidumping Duty of the order remains dispositive. For a entity is entitled to separate rate status,
Administrative Review; 2016–2017 full description of the scope of the which we preliminarily granted.6 We
Order, see Issues and Decision received no information since the
AGENCY: Enforcement and Compliance, Memorandum.4 issuance of the Preliminary Results that
International Trade Administration, provides a basis for reconsidering the
Department of Commerce. Analysis of Comments Received determination with respect to the
SUMMARY: The Department of Commerce All issues raised in the case briefs separate rate status of this entity.
(Commerce) determines that Shanghai filed by parties in this review are Therefore, for the final results, we
Wells Hanger Co., Ltd., Hong Kong addressed in the Issues and Decision continue to find that Shanghai Wells is
Wells Ltd., and Hong Kong Wells Ltd. Memorandum, which is incorporated eligible for a separate rate.
(USA) (collectively, Shanghai Wells) herein by reference. A list of the issues Final Results of the Review
sold subject merchandise in the United which each party raised, follows in the
States at prices below normal value Appendix to this notice. The Issues and Commerce determines that the
during the period of review (POR), Decision Memorandum is a public following weighted-average dumping
October 1, 2016, through September 30, document and is made available to the margin exists for the POR from October
2017. public via Enforcement and 1, 2016, through September 30, 2017:
Weighted-
average
Exporter dumping
margin
(percent)
Shanghai Wells Hanger Co., Ltd./Hong Kong Wells Ltd. 7 ................................................................................................................. 2.68
9 See Glycine from India, Japan, and Thailand: adopted by, this notice (Issues and Decision of a single entity for this administrative review. See
Postponement of Preliminary Determinations; Memorandum). Preliminary Results, 83 FR at 32635; see also Steel
Glycine from India CVD Preliminary Determination; 3 See Notice of Antidumping Duty Order: Steel Wire Garment Hangers from the People’s Republic
and Glycine from Thailand CVD Preliminary Wire Garment Hangers from the People’s Republic of China: Preliminary Results and Preliminary
Determination. of China, 73 FR 58111 (October 6, 2008) (Order). Rescission, in Part, of the First Antidumping Duty
1 See Steel Wire Garment Hangers from the 4 See Issues and Decision Memorandum at 2. Administrative Review, 75 FR 68758, 68761
People’s Republic of China: Preliminary Results of 5 Id. at 2–4. (November 9, 2010), unchanged in First
khammond on DSK30JT082PROD with NOTICES
Antidumping Duty Administrative Review; 2016– 6 See Preliminary Results, 83 FR at 32634; see also Administrative Review of Steel Wire Garment
2017, 83 FR 32634 (July 13, 2018) (Preliminary Preliminary Decision Memorandum at 4–5. Hangers from the People’s Republic of China: Final
Results), and accompanying Preliminary Decision 7 In the first administrative review of the Order, Results and Final Partial Rescission of
Memorandum. Commerce found that Shanghai Wells Hanger Co., Antidumping Duty Administrative Review, 76 FR
2 See Memorandum, ‘‘Issues and Decision Ltd. and Hong Kong Wells Ltd. (collectively 27994, 27996 (May 13, 2011); see also Steel Wire
Memorandum for the Administrative Review of the Shanghai Wells) are a single entity and, because Garment Hangers from the People’s Republic of
Antidumping Duty Order on Steel Wire Garment there were no changes to the facts that supported China: Final Results of Antidumping Duty
Hangers from the People’s Republic of China; 2016– that decision since that determination was made, Administrative Review, 2015–2016, 82 FR 54324
2017,’’ dated concurrently with, and hereby we continue to find that these companies are part (November 17, 2017).
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![53450 Federal Register / Vol. 83, No. 205 / Tuesday, October 23, 2018 / Notices
Commerce’s policy regarding liquidate the appropriate entries of public announcement of these final
conditional review of the China-wide without regard to antidumping duties. results of review, in accordance with 19
entity applies to this administrative Consistent with Commerce’s CFR 351.224(b).
review.8 Under this policy, the China- assessment practice in a review
wide entity will not be under review involving a non-market economy, for Notification to Importers Regarding the
unless a party specifically requests, or sales that were not reported in the U.S. Reimbursement of Duties
Commerce self-initiates, a review of the sales data submitted by companies This notice also serves as a final
China-wide entity. Because no party individually examined during this
requested a review of the China-wide reminder to importers of their
review, we will instruct CBP to
entity in this review, and we did not responsibility under 19 CFR
liquidate entries associated with those
self-initiate a review, the entity is not 351.402(f)(2) to file a certificate
sales at the rate for the China-wide
under review and the entity’s rate is not entity. Furthermore, where we found regarding the reimbursement of
subject to change, (i.e., 187.25 percent).9 that an exporter under review had no antidumping duties prior to liquidation
shipments of the subject merchandise, of the relevant entries during this POR.
Assessment Rates Failure to comply with this requirement
any suspended entries that entered
Commerce will determine, and U.S. under that exporter’s case number (i.e., could result in Commerce’s
Customs and Border Protection (CBP) at that exporter’s cash deposit rate) will presumption that reimbursement of
shall assess, antidumping duties on all be liquidated at the rate for the China- antidumping duties has occurred and
appropriate entries of subject wide entity.12 the subsequent assessment of double
merchandise in accordance with section antidumping duties.
751(a)(2)(C) of the Act and 19 CFR Cash Deposit Requirements
351.212(b). Commerce intends to issue Notification Regarding Administrative
The following cash deposit
assessment instructions to CBP 15 days Protective Order
requirements will be effective upon
after the date of publication of the final publication of the final results of this
results of this review in the Federal This notice also serves as a reminder
administrative review for shipments of to parties subject to administrative
Register. the subject merchandise from China
For any individually examined protective order (APO) of their
entered, or withdrawn from warehouse, responsibility concerning the return or
respondent whose (estimated) ad for consumption on or after the
valorem weighted–average dumping destruction of proprietary information
publication date, as provided by section
margin is not zero or de minimis (i.e., disclosed under APO in accordance
751(a)(2)(C) of the Act: (1) For each
less than 0.50 percent), Commerce will specific company listed in the final with 19 CFR 351.305(a)(3), which
calculate importer-specific ad valorem results of this review, the cash deposit continues to govern business
assessment rates on the basis of the ratio proprietary information in this segment
rate will be equal to the weighted-
of the total amount of dumping of the proceeding. Timely written
average dumping margin established in
calculated for the importer’s examined notification of the return or destruction
the final results of this review (except,
sales and the total entered value of those of APO materials, or conversion to
if the ad valorem rate is de minimis,
sales, in accordance with 19 CFR judicial protective order, is hereby
then the cash deposit rate will be zero);
351.212(b)(1).10 We will instruct CBP to requested. Failure to comply with the
(2) for previously investigated or
assess antidumping duties on all regulations and terms of an APO is a
reviewed Chinese and non-Chinese
appropriate entries covered by this
exporters not listed above that have violation which is subject to sanction.
review when the importer-specific ad
received a separate rate in a prior
valorem assessment rate calculated is Notification to Interested Parties
segment of this proceeding, the cash
not zero or de minimis. Where either the
respondent’s ad valorem weighted- deposit rate will continue to be the We are issuing and publishing these
average dumping margin is zero or de existing exporter-specific cash deposit final results of administrative review in
minimis, or an importer-specific ad rate published for the completed accordance with sections 751(a)(1) and
valorem assessment rate is zero or de segment of the most recent period; (3) 777(i)(1) of the Act and 19 CFR
minimis,11 we will instruct CBP to for all Chinese exporters of subject
351.221(b)(5).
merchandise that have not been found
8 See Antidumping Proceedings: Announcement to be entitled to a separate rate, the cash Dated: October 16, 2018.
of Change in Department Practice for Respondent deposit rate will be the rate for the Christian Marsh,
Selection in Antidumping Duty Proceedings and China-wide entity (i.e., 187.25 percent); Deputy Assistant Secretary for Enforcement
Conditional Review of the Nonmarket Economy and (4) for all non-Chinese exporters of and Compliance.
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
subject merchandise which have not
9 See Steel Wire Garment Hangers from the received their own separate rate, the Appendix
People’s Republic of China: Preliminary Results of cash deposit rate will be the rate Issues and Decision Memorandum
Antidumping Duty Administrative Review; 2013– applicable to the Chinese exporter that
2014, 80 FR 41480 (July 15, 2015), and Summary
supplied that non-Chinese exporter.
accompanying Preliminary Decision Memorandum, Background
unchanged in Steel Wire Garment Hangers from the
These cash deposit requirements, when
Scope of the Order
People’s Republic of China: Final Results of imposed, shall remain in effect until
Changes Since the Preliminary Results
Antidumping Duty Administrative Review, 2013– further notice.
Discussion of the Issue
khammond on DSK30JT082PROD with NOTICES
2014, 80 FR 69942 (November 12, 2015).
10 In these final results, Commerce applied the Disclosure Comment: Whether to Treat Other Income
assessment rate calculation method adopted in as an Offset to Selling, General, and
Antidumping Proceedings: Calculation of the
We intend to disclose the calculations
Administrative Expenses
Weighted-Average Dumping Margin and performed within five days of the date
Recommendation
Assessment Rate in Certain Antidumping
[FR Doc. 2018–23052 Filed 10–22–18; 8:45 am]
Proceedings; Final Modification, 77 FR 8101 12 See Non-Market Economy Antidumping
(February 14, 2012). Proceedings: Assessment Practice Refinement, 76 BILLING CODE 3510–DS–P
11 See 19 CFR 351.106(c)(2). FR 65694 (October 24, 2011).
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Document Created: 2018-10-23 04:14:40
Document Modified: 2018-10-23 04:14:40
| 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 | Applicable October 23, 2018. | |
| Contact | 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) 482-4798. | |
| FR Citation | 83 FR 53449 |
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