[Federal Register Volume 85, Number 95 (Friday, May 15, 2020)]
[Notices]
[Pages 29403-29405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10453]
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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 the Antidumping Duty Administrative Review and
Rescission of Review in Part; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminary determines
that Shanghai Wells Hanger Co., Ltd. and Hong Kong Wells Ltd. are not
eligible for a separate rate, and therefore are part of the China-wide
entity. Commerce is also rescinding this administrative review, in
part, with respect to eight companies. Interested parties are invited
to comment on these preliminary results.
DATES: Applicable May 15, 2020.
FOR FURTHER INFORMATION CONTACT: Jasun Moy, 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) 482-8194.
SUPPLEMENTARY INFORMATION:
Background
On October 1, 2019, Commerce published in the Federal Register a
notice of opportunity to request an administrative review of the
antidumping duty (AD) order on steel wire garment hangers from the
People's Republic of China (China) for the period of review (POR)
October 1, 2018 through September 30, 2019.\1\ Pursuant to a request
from M&B Metal Products Co., Inc. (the petitioner),\2\ Commerce
initiated an administrative review with respect to 11 companies, in
accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act).\3\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 84 FR 52068 (October 1, 2019).
\2\ See Petitioner's Letter, ``Steel Wire Garment Hangers from
China: Petitioner's Request for Administrative Review,'' dated
October 25, 2019 (Petitioner's Review Request).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 67712 (December 11, 2019) (Initiation
Notice); see also Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 3014 (January 17, 2020) (which
corrected the POR for this review). In the Initiation Notice, we
inadvertently included a company named ``Hong Kong Ltd.'' Based on
the Petitioner's Review Request, the correct name of the company is
Hong Kong Ltd. (USA). However, this company is an importer, rather
than an exporter of subject merchandise, and it is not under review.
Therefore, we are correcting the Initiation Notice to clarify that
this company is not under review. As such, only 10 companies are
under review.
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Subsequent to the initiation of the administrative review, the
petitioner timely withdrew its request for eight of the companies for
which a review had been requested.\4\ No other party requested an
administrative review of these companies. Therefore, this
administrative review continues for the two companies remaining under
review, Shanghai Wells Hanger Co., Ltd. and Hong Kong Wells Ltd.
However, because we have previously found that Shanghai Wells Hanger
Co., Ltd. and Hong Kong Wells Ltd. are a single entity (collectively,
Shanghai Wells), Shanghai Wells remains the sole respondent in this
review.\5\
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\4\ See Petitioner's Letter, ``Administrative Review of Steel
Wire Garment Hangers from China-Petitioner's Withdrawal of Review
Requests for Specific Companies,'' dated January 8, 2020
(Petitioner's Withdrawal Letter).
\5\ Commerce found that Shanghai Wells Hanger Co., Ltd., Hong
Kong Wells Ltd., and Hong Kong Ltd. (USA) are affiliated and that
Shanghai Wells Hanger Co. Ltd. and Hong Kong Wells Ltd. are a single
entity. 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 affiliated and that Shanghai Wells Hanger
Co. Ltd. and Hong Kong Wells comprise 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, 68759 (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,
27995 (May 13, 2011); see also Steel Wire Garment Hangers from the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review, 2016-2017, 83 FR 53449 (October 23, 2018).
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On January 2, 2020, Commerce issued the standard non-market economy
(NME) questionnaire to Shanghai Wells.\6\ We confirmed that the
questionnaire was delivered to Shanghai Wells and that a company
representative received the questionnaire on January 6, 2020.\7\
Shanghai Wells did not respond to this questionnaire and has filed no
submissions on the record of this
[[Page 29404]]
administrative review, including information concerning its eligibility
for a separate rate.
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\6\ See Commerce's Letter, ``Antidumping Duty Administrative
Review of Steel Wire Garment Hangers from the People's Republic of
China: Non-Market Economy Questionnaire,'' dated January 2, 2020.
\7\ See Memorandum, ``Initial Antidumping Duty Questionnaire
Delivery Confirmation,'' dated January 6, 2020.
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On April 24, 2020, Commerce tolled all deadlines in administrative
reviews by 50 days, thereby extending the deadline for these results
until August 21, 2020.\8\
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\8\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
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Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the party that requested
the review withdraws the request within 90 days of the date of
publication of the notice of initiation. The request for an
administrative review of the following companies was withdrawn within
90 days of the date of publication of the Initiation Notice: Hangzhou
Qingqing Mechanical Co., Ltd., Hangzhou Yingqing Material Co., Ltd.,
Shaoxing Dingli Metal Clotheshorse, Shaoxing Lishi Metal Products Co.,
Ltd., Shaoxing Maosheng Metal Products Co., Ltd., Shaoxing Shunji Metal
Clotheshorse Co., Ltd., Shaoxing Yongnuo Metal Products Co., Ltd., and
Zhejiang Lucky Cloud Hanger Co., Ltd.\9\ Because we received no other
requests for review of these companies, Commerce is rescinding this
administrative review of the AD order on steel wire garment hangers, in
part, with respect to these eight companies. The instant review will
continue with respect to Shanghai Wells.
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\9\ See Petitioner's Withdrawal Letter.
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Scope of the Order
The merchandise that is subject to the order is steel wire garment
hangers, fabricated from carbon steel wire, whether or not galvanized
or painted, whether or not coated with latex or epoxy or similar
gripping materials, and/or whether or not fashioned with paper covers
or capes (with or without printing) and/or nonslip features such as
saddles or tubes. These products may also be referred to by a
commercial designation, such as shirt, suit, strut, caped, or latex
(industrial) hangers. Specifically excluded from the scope of the order
are wooden, plastic, and other garment hangers that are not made of
steel wire. Also excluded from the scope of the order are chrome-plated
steel wire garment hangers with a diameter of 3.4 mm or greater. The
products subject to the order are currently classified under Harmonized
Tariff Schedule U.S. (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 description of the
merchandise is dispositive.
China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\10\ 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.\11\ Because no party requested a review of the
China-wide entity in this review, the China-wide entity is not under
review and the weighted-average dumping margin for the China-wide
entity is not subject to change (i.e., 187.25 percent).\12\
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\10\ 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).
\11\ Id.
\12\ See Notice of Antidumping Duty Order: Steel Wire Garment
Hangers from the People's Republic of China, 73 FR 58111 (October 6,
2008).
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Preliminary Results of Review
Because Shanghai Wells is not eligible for a separate rate,
Commerce preliminarily finds that Shanghai Wells is part of the China-
wide entity. As discussed above, the weighted-average dumping margin
for the China-wide rate continues to be 187.25 percent.
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with the preliminary results of an
administrative review within five business days after public
announcement of the preliminary results of review in accordance with 19
CFR 351.224(b). Because Commerce preliminary denied the separate rate
eligibility for the sole mandatory respondent in this review and
treated it as part of the China-wide entity, there are no calculations
to disclose.
Public Comment
Pursuant to 19 CFR 351.309(c), interested parties are invited to
comment on these preliminary results, and may submit case briefs and/or
written comments, filed electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS) within 30 days after the date of publication of these
preliminary results of review. ACCESS is available to registered users
at http://access.trade.gov. Rebuttal briefs, limited to issues raised
in the case briefs, must be filed within seven days after the time
limit for filing case briefs.\13\ Parties who submit case or rebuttal
briefs in this proceeding are requested to submit with each argument a
statement of the issue, a brief summary of the argument, and a table of
authorities.\14\ Note that Commerce has temporarily modified certain of
its requirements for serving documents containing business proprietary
information, until May 19, 2020, unless extended.\15\
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\13\ See 19 CFR 351.309(d)(1)-(2).
\14\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
\15\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 17006 (March 26, 2020).
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Interested parties who wish to request a hearing, or to participate
if one is requested, must submit a written request to Commerce within
30 days of the date of publication of this notice.\16\ Hearing requests
should contain: (1) The party's name, address, telephone number; (2)
the number of participants; and (3) a list of issues to be discussed.
Issues raised in the hearing will be limited to those raised in the
respective case and rebuttal briefs. If a request for a hearing is
made, parties will be notified of the time and date for the hearing to
be held at the U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.\17\
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\16\ See 19 CFR 351.310(c).
\17\ See 19 CFR 351.310(d).
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Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of its analysis of all issues raised in the case briefs, within 120
days of the publication of these preliminary results, pursuant to
section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Assessment of Antidumping Duties
Upon issuance of the final results of this review, Commerce will
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries of subject merchandise
covered by this review.\18\ If the preliminary results are unchanged
for the final results, we will instruct CBP to apply an ad valorem
assessment rate of 187.25 percent to all entries of subject merchandise
during the POR which were exported by Shanghai Wells.
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\18\ See 19 CFR 351.212(b)(1).
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Commerce intends to issue assessment instructions to CBP 15 days
after the date of publication of the final
[[Page 29405]]
results of this review in the Federal Register.\19\
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\19\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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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 of
this notice, as provided by section 751(a)(2)(C) of the Act: (1) For
previously investigated or reviewed Chinese and non-Chinese exporters
of subject merchandise not listed above that continue to be eligible
for a separate rate based on a completed prior segment of this
proceeding, the cash deposit rate will continue to be that existing
cash deposit rate published for the most recently completed period; (2)
for all Chinese exporters of subject merchandise that have not been
found to be entitled to a separate rate, including Shanghai Wells, the
cash deposit rate will be 187.25 percent, the weighted-average dumping
margin for the China-wide entity from the less-than-fair-value
investigation; and (3) 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 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 any antidumping duties prior to
liquidation of the relevant entries during this review period. Failure
to comply with this requirement could result in the presumption that
reimbursement of the antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
These preliminary results and partial rescission of administrative
review are issued and published in accordance with sections 751(a)(1)
and 777(i)(l) of the Act, and 19 CFR 351.213(h)(1).
Dated: May 1, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-10453 Filed 5-14-20; 8:45 am]
BILLING CODE 3510-DS-P