Vietnam/Taiwan Steel Wire Garment Hangers: New AD/CV Investigations Deadlines & Scope
The International Trade Administration has issued Federal Register notices on its recently initiated antidumping and countervailing duty investigations on steel wire garment hangers from Vietnam and Taiwan (A-552-812, A-583-849), and (C-552-813). The ITA will determine whether imports of steel wire garment hangers from Vietnam and Taiwan are being, or are likely to be, sold in the U.S. at less than fair value, and whether manufacturers, producers, or exporters of steel wire garment hangers in Vietnam receive countervailable subsidies.
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
The AD period of investigation for Vietnam is April 1, 2011 through September 30, 2011. The AD period of investigation for Taiwan is October 1, 2010 through September 30, 2011. The CV period of investigation is January 1, 2011 through December 31, 2011.
Alleged AD/CV Margins
An ITA fact sheet states that the alleged dumping margins for steel wire garment hangers from Taiwan are 18.90-125.43% and those from Vietnam are 117.48-220.68%. The alleged CV margin for Vietnam is above de minimis (i.e., above 1% or 2%, depending on the country's stage of development).
AD Respondent Selection for Vietnam and Taiwan
Vietnam. For the Vietnam investigation, the ITA will request quantity and value information from known non-market economy (NME) exporters and producers identified in the petitions. The quantity and value data received from these NME exporters/producers will be used as the basis to select the mandatory respondents.
The Vietnam Q&V questionnaire is available here. Responses to the Q&V questionnaire are due no later than February 8, 2012.
Taiwan. For the Taiwan investigation, which will follow standard practices in AD investigations involving market economy (ME) countries, the ITA will select respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports under the Harmonized Tariff System of the United States (HTS) numbers 7326.20.0020 and 7323.99.9080. The ITA intends to make its decision regarding respondent selection within 20 days of January 25, 2012 (on or about February 14, 2012).
CV Respondent Selection for Vietnam
For the CV investigation, the ITA expects to select respondents based on CBP data for U.S. imports during the period of investigation. Interested parties may submit comments regarding the CBP data and respondent selection by the seventh calendar day of the publication of the ITA's initiation notice (on or about February 1, 2012). The ITA intends to make its decision regarding respondent selection within 20 days of January 25, 2012 (on or about February 14, 2012).
Vietnam AD Separate Rate Applications
For AD investigations involving NME countries such as Vietnam, the ITA requires that respondents submit a response to both the Q&V questionnaire and the separate rate application by the respective deadlines in order to receive consideration for separate rate status. The ITA will calculate combination rates for certain respondents that are eligible for a separate rate in this investigation.
Separate-rate status applications are due by approximately March 27, 2012.
The separate rate application for Vietnam is available here
Targeted Dumping Allegations
Any interested party that wishes to make a targeted dumping allegation in the AD investigations may submit allegations no later than 45 days before June 6, 2012 (the scheduled date of the ITA’s preliminary determination)1.
Scope of the AD/CV Investigations
The merchandise covered by these investigations are 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 these investigations are (a) wooden, plastic, and other garment hangers that are not made of steel wire; (b) steel wire garment hangers with swivel hooks; (c) steel wire garment hangers with clips permanently affixed; and (d) chrome plated steel wire garment hangers with a diameter of 3.4 mm or greater.
The products subject to these investigations are currently classified under U.S. Harmonized Tariff Schedule (HTS) subheadings 7326.20.0020 and 7323.99.9080. Although the HTS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive.
Comments on Scope Due by Feb 7
The ITA notes that it discussed the scope with petitioners to ensure that it is an accurate reflection of the products for which the domestic industry is seeking relief. The ITA invites comments on the scope by February 7, 2012. Rebuttal comments must be received by February 14, 2012.
Investigations Timetable
| Event | AD Investigations | CV Investigation |
|---|---|---|
| Petitions filed | 12/29/11 | 12/29/11 |
| ITA initiation date | 01/18/12 | 01/18/12 |
| ITC prelim determination2 | 02/13/12 | 02/13/12 |
| ITA prelim determinations3 | 06/06/12 | 03/23/12 |
| ITA final determinations3 | 08/20/12 | 06/06/12 |
| ITC final determination4 | 10/04/12 | 07/23/12 |
| Issuance of orders5 | 10/11/12 | 07/30/12 |
1Note that in December 2008, the ITA issued an interim final rule for the purposes of withdrawing the regulations governing targeted dumping analysis in AD duty investigations. ITA states that this change allows it to exercise the discretion intended by statute, and thereby develop a practice that will allow interested parties to pursue all statutory avenues of relief in this area. (See ITT's Online Archives 08121525 and 09011535 for summaries of the interim final rule and extension of the comment period.)
2If the ITC makes a negative determination of injury, the investigations are terminated.
3These deadlines may be extended under the governing statute.
4This will take place only in the event of ITA final affirmative determinations.
5This will take place only in the event of ITA and ITC final affirmative determinations.
Vietnam/Taiwan AD notice of initiation (FR Pub 01/25/12) available here
Vietnam CV notice of initiation (FR Pub 01/25/12) available here
ITA fact sheet available here
Vietnam separate rate application available here
Vietnam Quantity and Value Questionnaire available here