80 FR 53105 - Uncovered Innerspring Units From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2013-2014
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 170 (September 2, 2015)
International Trade Administration
Federal Register Volume 80, Issue 170 (September 2, 2015)
| Page Range | 53105-53106 | |
| FR Document | 2015-21775 |
[Federal Register Volume 80, Number 170 (Wednesday, September 2, 2015)] [Notices] [Pages 53105-53106] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-21775] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-928] Uncovered Innerspring Units From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2013-2014 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On February 23, 2015, the Department of Commerce (``the Department'') published in the Federal Register the preliminary results of the administrative review of the antidumping duty order on uncovered innerspring units (``innersprings'') from the People's Republic of China (``PRC'') covering the period February 1, 2013, through January 31, 2014.\1\ The Department gave interested parties an opportunity to comment on the Preliminary Results. Based on our analysis of these comments, our final results remain unchanged from the Preliminary Results. --------------------------------------------------------------------------- \1\ See Uncovered Innerspring Units from the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2013-2014, 80 FR 9435 (February 23, 2015) (``Preliminary Results''). --------------------------------------------------------------------------- DATES: Effective Date: September 2, 2015. FOR FURTHER INFORMATION CONTACT: Kenneth Hawkins, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 6491. SUPPLEMENTARY INFORMATION: Background This review covers two exporters of subject merchandise: Comfort Coil Technology Sdn Bhd (``Comfort Coil'') and Creative Furniture & Bedding Manufacturing (``Creative Furniture''). On February 23, 2015, the Department published the Preliminary Results in the Federal Register, and provided interested parties an opportunity to comment.\2\ On March 25, 2015, the Department received a case brief from Leggett and Platt, Inc. (``Petitioner'').\3\ No other interested party filed case or rebuttal briefs. --------------------------------------------------------------------------- \2\ Id. \3\ See Letter from Petitioners, to the Department, regarding Fifth Administrative Review of the Antidumping Duty Order on Uncovered Innerspring Units from the People's Republic of China: Case Brief, dated March 25, 2015 (``Petitioner's Case Brief''). --------------------------------------------------------------------------- Scope of the Order The merchandise subject to the order is uncovered innerspring units.\4\ The product is currently classified under subheading 9404.29.9010 and has also been classified under subheadings 9404.10.0000, 7326.20.0070, 7320.20.5010, or 7320.90.5010, of the Harmonized Tariff Schedule of the United States (``HTSUS''). The HTSUS subheadings are provided for convenience and customs purposes only; the written product description of the scope of the order is dispositive. --------------------------------------------------------------------------- \4\ See Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, from Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, entitled ``Uncovered Innerspring Units from the People's Republic of China: Issues and Decision Memorandum for the Final Results of the 2013-2014 Administrative Review,'' which is dated concurrently with and hereby adopted by this notice (``Issues and Decision Memorandum'') for a complete description of the Scope of the Order. --------------------------------------------------------------------------- Analysis of Comments Received All issues raised in Petitioner's case brief are addressed in the Issues and Decision Memorandum, which is incorporated herein by reference. A list of the issues which parties raised, and to which we respond in the Issues and Decision Memorandum, is attached to this notice as an Appendix. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (``ACCESS''). ACCESS is available to registered users at http://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 can be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the electronic versions of the Issues Decision Memorandum are identical in content. Use of Facts Available and Adverse Facts Available In the Preliminary Results, because Creative Furniture failed to respond to the Department's questionnaire, we determined Creative Furniture's margin on the basis of facts available, pursuant to section 776(a)(1) & (2)(A), (B), and (C) of the Tariff Act of 1930 (``the Act''). We also applied an adverse inference in selecting from among the facts available, pursuant to section 776(b) of the Act, because we found that Creative Furniture failed to cooperate to the best of its ability in providing the requested information.\5\ --------------------------------------------------------------------------- \5\ See Preliminary Results, and accompanying Preliminary Decision Memorandum at 5-6. --------------------------------------------------------------------------- No parties commented on this specific determination or on the margin assigned to Creative Furniture in the Preliminary Results. Accordingly, we are continuing to assign to Creative Furniture a dumping margin of 234.51 percent, based on total adverse facts available. Consistent with section 502 of the Trade Preferences Extension Act of 2015, Public Law 114-27, we are no longer corroborating the rate assigned to Creative Furniture for purposes of these final results.\6\ --------------------------------------------------------------------------- \6\ See Issues and Decision Memorandum for further discussion of this issue. --------------------------------------------------------------------------- Final Determination of No Shipments In the Preliminary Results, the Department preliminarily determined that Comfort Coil did not have any reviewable transactions of subject merchandise during the POR.\7\ We stated, consistent with the Department's practice in nonmarket economy (``NME'') cases, that we would not rescind the review, but rather complete the review with respect to Comfort Coil and issue appropriate instructions to U.S. Customs and Border Protection (``CBP'') based on the final results of the review.\8\ We did not receive any comments regarding Comfort Coil. Therefore, we continue to determine that Comfort Coil had no reviewable transactions of subject merchandise during the POR. Consistent with our ``automatic assessment'' clarification, the Department will issue appropriate instructions to CBP based on our final results.\9\ --------------------------------------------------------------------------- \7\ See Preliminary Results and accompanying Preliminary Decision Memorandum at 4. \8\ Id. \9\ See Non-Market Economy Antidumping Proceedings; Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011) (``Assessment Practice Refinement''). --------------------------------------------------------------------------- Final Results of Review Creative Furniture's weighted-average dumping margin for the period February [[Page 53106]] 1, 2013, through January 31, 2014, is as follows: ------------------------------------------------------------------------ Weighted-average Exporter dumping margin (percent) ------------------------------------------------------------------------ Creative Furniture & Bedding Manufacturing\10\...... 234.51 ------------------------------------------------------------------------ Assessment Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), the Department will determine, and U.S. Customs and Border Protection (``CBP'') shall assess, antidumping duties on all appropriate entries. The Department intends to issue assessment instructions to CBP 15 days after the date of publication of the final results of review in the Federal Register. Consistent with the Department's assessment practice in NME cases, for entries that were not reported in the U.S. sales databases submitted by companies individually examined during this review, the Department will instruct CBP to liquidate such entries at the PRC-wide rate.\11\ In addition, if the Department determines that an exporter under review had no shipments of subject merchandise, any suspended entries that entered under the exporter's case number (i.e., at that exporter's rate) will be liquidated at the PRC-wide rate.\12\ --------------------------------------------------------------------------- \10\ Because Creative Furniture is located in Malaysia, we are treating them as a third-country reseller. Accordingly, this rate only applies to Creative Furniture's exports of PRC-origin innersprings. \11\ See Assessment Practice Refinement. \12\ Id. --------------------------------------------------------------------------- For Creative Furniture, the Department will instruct CBP to assess antidumping duties on the company's entries of subject merchandise (i.e., PRC-origin innersprings) at the rate of 234.51 percent. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) for the exporter listed above, the cash deposit rate will be 234.51 percent for their entries of subject merchandise (i.e., PRC-origin innersprings); (2) for previously investigated or reviewed PRC and non-PRC exporters not listed above that have a separate rate, the cash deposit rate will continue to be the exporter-specific rate published for the most recently completed segment of this proceeding in which the exporter was reviewed; (3) for all PRC exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash deposit rate will be that established for the PRC-wide entity of 234.51 percent; and (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter that supplied that non-PRC exporter with the subject merchandise. The deposit requirements, when imposed, shall remain in effect until further notice. 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 the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Administrative Protective Orders In accordance with 19 CFR 351.305(a)(3), this notice also serves as a final reminder to parties subject to administrative protective order (``APO'') of their responsibility concerning the return or destruction of proprietary information disclosed under APO, 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 this administrative review and notice in accordance with sections 751(a)(1) and 777(i) of the Act. Dated: August 24, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Final Decision Memorandum 1. Summary 2. Background 3. Scope of the Order 4. Discussion of the Issue 5. Recommendation [FR Doc. 2015-21775 Filed 9-1-15; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / Notices 53105
information disclosed under APO in On February 23, 2015, the Department Use of Facts Available and Adverse
accordance with 19 CFR 351.305(a)(3). published the Preliminary Results in the Facts Available
Failure to comply is a violation of the Federal Register, and provided In the Preliminary Results, because
APO which may be subject to sanctions. interested parties an opportunity to Creative Furniture failed to respond to
These five-year (sunset) reviews and comment.2 On March 25, 2015, the the Department’s questionnaire, we
notice are in accordance with sections Department received a case brief from determined Creative Furniture’s margin
751(c) and (d)(2), and 777(i) the Act, Leggett and Platt, Inc. (‘‘Petitioner’’).3 on the basis of facts available, pursuant
and 19 CFR 351.218(f)(4). No other interested party filed case or to section 776(a)(1) & (2)(A), (B), and (C)
Dated: August 27, 2015. rebuttal briefs. of the Tariff Act of 1930 (‘‘the Act’’). We
Paul Piquado, Scope of the Order also applied an adverse inference in
Assistant Secretary for Enforcement and The merchandise subject to the order selecting from among the facts available,
Compliance.
is uncovered innerspring units.4 The pursuant to section 776(b) of the Act,
[FR Doc. 2015–21771 Filed 9–1–15; 8:45 am] product is currently classified under because we found that Creative
BILLING CODE 3510–DS–P subheading 9404.29.9010 and has also Furniture failed to cooperate to the best
been classified under subheadings of its ability in providing the requested
9404.10.0000, 7326.20.0070, information.5
DEPARTMENT OF COMMERCE 7320.20.5010, or 7320.90.5010, of the No parties commented on this specific
Harmonized Tariff Schedule of the determination or on the margin assigned
International Trade Administration to Creative Furniture in the Preliminary
United States (‘‘HTSUS’’). The HTSUS
[A–570–928] subheadings are provided for Results. Accordingly, we are continuing
convenience and customs purposes to assign to Creative Furniture a
Uncovered Innerspring Units From the only; the written product description of dumping margin of 234.51 percent,
People’s Republic of China: Final the scope of the order is dispositive. based on total adverse facts available.
Results of Antidumping Duty Consistent with section 502 of the Trade
Administrative Review; 2013–2014 Analysis of Comments Received Preferences Extension Act of 2015,
All issues raised in Petitioner’s case Public Law 114–27, we are no longer
AGENCY: Enforcement and Compliance,
brief are addressed in the Issues and corroborating the rate assigned to
International Trade Administration,
Decision Memorandum, which is Creative Furniture for purposes of these
Department of Commerce.
incorporated herein by reference. A list final results.6
SUMMARY: On February 23, 2015, the
Department of Commerce (‘‘the of the issues which parties raised, and Final Determination of No Shipments
Department’’) published in the Federal to which we respond in the Issues and
Decision Memorandum, is attached to In the Preliminary Results, the
Register the preliminary results of the Department preliminarily determined
administrative review of the this notice as an Appendix. The Issues
and Decision Memorandum is a public that Comfort Coil did not have any
antidumping duty order on uncovered reviewable transactions of subject
innerspring units (‘‘innersprings’’) from document and is on file electronically
via Enforcement and Compliance’s merchandise during the POR.7 We
the People’s Republic of China (‘‘PRC’’) stated, consistent with the Department’s
covering the period February 1, 2013, Antidumping and Countervailing Duty
Centralized Electronic Service System practice in nonmarket economy
through January 31, 2014.1 The (‘‘NME’’) cases, that we would not
Department gave interested parties an (‘‘ACCESS’’). ACCESS is available to
registered users at http:// rescind the review, but rather complete
opportunity to comment on the the review with respect to Comfort Coil
Preliminary Results. Based on our access.trade.gov, and it is available to
all parties in the Central Records Unit, and issue appropriate instructions to
analysis of these comments, our final U.S. Customs and Border Protection
results remain unchanged from the room B8024 of the main Department of
Commerce building. In addition, a (‘‘CBP’’) based on the final results of the
Preliminary Results. review.8 We did not receive any
DATES: Effective Date: September 2, complete version of the Issues and
Decision Memorandum can be accessed comments regarding Comfort Coil.
2015. Therefore, we continue to determine
directly on the internet at http://
FOR FURTHER INFORMATION CONTACT: enforcement.trade.gov/frn/index.html. that Comfort Coil had no reviewable
Kenneth Hawkins, AD/CVD Operations, The signed Issues and Decision transactions of subject merchandise
Office V, Enforcement and Compliance, Memorandum and the electronic during the POR. Consistent with our
International Trade Administration, versions of the Issues Decision ‘‘automatic assessment’’ clarification,
U.S. Department of Commerce, 14th Memorandum are identical in content. the Department will issue appropriate
Street and Constitution Avenue NW., instructions to CBP based on our final
Washington, DC 20230; telephone: (202) 2 Id. results.9
482–6491. 3 See Letter from Petitioners, to the Department,
Final Results of Review
SUPPLEMENTARY INFORMATION: regarding Fifth Administrative Review of the
Antidumping Duty Order on Uncovered Innerspring Creative Furniture’s weighted-average
Background Units from the People’s Republic of China: Case dumping margin for the period February
Brief, dated March 25, 2015 (‘‘Petitioner’s Case
This review covers two exporters of Brief’’). 5 See Preliminary Results, and accompanying
subject merchandise: Comfort Coil 4 See Memorandum to Paul Piquado, Assistant
Preliminary Decision Memorandum at 5–6.
Technology Sdn Bhd (‘‘Comfort Coil’’) Secretary for Enforcement and Compliance, from
mstockstill on DSK4VPTVN1PROD with NOTICES
6 See Issues and Decision Memorandum for
and Creative Furniture & Bedding Gary Taverman, Associate Deputy Assistant
Secretary for Antidumping and Countervailing Duty further discussion of this issue.
Manufacturing (‘‘Creative Furniture’’). Operations, entitled ‘‘Uncovered Innerspring Units
7 See Preliminary Results and accompanying
from the People’s Republic of China: Issues and Preliminary Decision Memorandum at 4.
1 See Uncovered Innerspring Units from the 8 Id.
Decision Memorandum for the Final Results of the
People’s Republic of China: Preliminary Results of 2013–2014 Administrative Review,’’ which is dated 9 See Non-Market Economy Antidumping
Antidumping Duty Administrative Review; 2013– concurrently with and hereby adopted by this Proceedings; Assessment of Antidumping Duties, 76
2014, 80 FR 9435 (February 23, 2015) (‘‘Preliminary notice (‘‘Issues and Decision Memorandum’’) for a FR 65694 (October 24, 2011) (‘‘Assessment Practice
Results’’). complete description of the Scope of the Order. Refinement’’).
VerDate Sep<11>2014 19:04 Sep 01, 2015 Jkt 235001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1](https://thefederalregister.org/doc/80_FR_53275/page/1.svg)
![53106 Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / Notices
1, 2013, through January 31, 2014, is as most recently completed segment of this 5. Recommendation
follows: proceeding in which the exporter was [FR Doc. 2015–21775 Filed 9–1–15; 8:45 am]
reviewed; (3) for all PRC exporters of BILLING CODE 3510–DS–P
Weighted-average subject merchandise which have not
Exporter dumping margin been found to be entitled to a separate
(percent)
rate, the cash deposit rate will be that DEPARTMENT OF COMMERCE
Creative Furniture & established for the PRC-wide entity of
Bedding Manufac- 234.51 percent; and (4) for all non-PRC International Trade Administration
turing10 ...................... 234.51 exporters of subject merchandise which
have not received their own rate, the Initiation of Antidumping and
Assessment cash deposit rate will be the rate Countervailing Duty Administrative
applicable to the PRC exporter that Reviews
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b), the supplied that non-PRC exporter with the AGENCY: Enforcement and Compliance,
Department will determine, and U.S. subject merchandise. The deposit International Trade Administration,
Customs and Border Protection (‘‘CBP’’) requirements, when imposed, shall Department of Commerce.
shall assess, antidumping duties on all remain in effect until further notice. SUMMARY: The Department of Commerce
appropriate entries. The Department Reimbursement of Duties (‘‘the Department’’) has received
intends to issue assessment instructions requests to conduct administrative
to CBP 15 days after the date of This notice also serves as a final reviews of various antidumping and
publication of the final results of review reminder to importers of their countervailing duty orders and findings
in the Federal Register. Consistent with responsibility under 19 CFR with July anniversary dates. In
the Department’s assessment practice in 351.402(f)(2) to file a certificate accordance with the Department’s
NME cases, for entries that were not regarding the reimbursement of regulations, we are initiating those
reported in the U.S. sales databases antidumping duties prior to liquidation administrative reviews.
submitted by companies individually of the relevant entries during this POR. DATES: Effective Date: September 2,
examined during this review, the Failure to comply with this requirement 2015.
Department will instruct CBP to could result in the Department’s
presumption that reimbursement of FOR FURTHER INFORMATION CONTACT:
liquidate such entries at the PRC-wide
antidumping duties occurred and the Brenda E. Waters, Office of AD/CVD
rate.11 In addition, if the Department
subsequent assessment of doubled Operations, Customs Liaison Unit,
determines that an exporter under
antidumping duties. Enforcement and Compliance,
review had no shipments of subject
International Trade Administration,
merchandise, any suspended entries Administrative Protective Orders U.S. Department of Commerce, 14th
that entered under the exporter’s case
Street and Constitution Avenue NW.,
number (i.e., at that exporter’s rate) will In accordance with 19 CFR Washington, DC 20230, telephone: (202)
be liquidated at the PRC–wide rate.12 351.305(a)(3), this notice also serves as 482–4735.
For Creative Furniture, the a final reminder to parties subject to
Department will instruct CBP to assess SUPPLEMENTARY INFORMATION:
administrative protective order (‘‘APO’’)
antidumping duties on the company’s of their responsibility concerning the Background
entries of subject merchandise (i.e., return or destruction of proprietary
PRC-origin innersprings) at the rate of The Department has received timely
information disclosed under APO,
234.51 percent. requests, in accordance with 19 CFR
which continues to govern business
351.213(b), for administrative reviews of
Cash Deposit Requirements proprietary information in this segment
various antidumping and countervailing
of the proceeding. Timely written
The following cash deposit duty orders and findings with July
notification of the return or destruction
requirements will be effective upon anniversary dates.
of APO materials, or conversion to
publication of the final results of this All deadlines for the submission of
judicial protective order, is hereby
administrative review for all shipments various types of information,
requested. Failure to comply with the
of the subject merchandise from the PRC certifications, or comments or actions by
regulations and terms of an APO is a
entered, or withdrawn from warehouse, the Department discussed below refer to
violation which is subject to sanction.
for consumption on or after the the number of calendar days from the
publication date, as provided for by Notification to Interested Parties applicable starting time.
section 751(a)(2)(C) of the Act: (1) for Notice of No Sales
We are issuing and publishing this
the exporter listed above, the cash
administrative review and notice in If a producer or exporter named in
deposit rate will be 234.51 percent for
accordance with sections 751(a)(1) and this notice of initiation had no exports,
their entries of subject merchandise (i.e.,
777(i) of the Act. sales, or entries during the period of
PRC-origin innersprings); (2) for
previously investigated or reviewed PRC Dated: August 24, 2015. review (‘‘POR’’), it must notify the
and non-PRC exporters not listed above Paul Piquado, Department within 30 days of
that have a separate rate, the cash Assistant Secretary for Enforcement and publication of this notice in the Federal
deposit rate will continue to be the Compliance. Register. All submissions must be filed
electronically at http://access.trade.gov
mstockstill on DSK4VPTVN1PROD with NOTICES
exporter-specific rate published for the Appendix in accordance with 19 CFR 351.303.1
10 Because Creative Furniture is located in Such submissions are subject to
List of Topics Discussed in the Final
Malaysia, we are treating them as a third-country verification in accordance with section
Decision Memorandum
reseller. Accordingly, this rate only applies to
Creative Furniture’s exports of PRC-origin 1. Summary 1 See Antidumping and Countervailing Duty
innersprings. 2. Background Proceedings: Electronic Filing Procedures;
11 See Assessment Practice Refinement. 3. Scope of the Order Administrative Protective Order Procedures, 76 FR
12 Id. 4. Discussion of the Issue 39263 (July 6, 2011).
VerDate Sep<11>2014 19:04 Sep 01, 2015 Jkt 235001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1](https://thefederalregister.org/doc/80_FR_53275/page/2.svg)
Document Created: 2018-02-26 10:10:39
Document Modified: 2018-02-26 10:10:39
| 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 Date: September 2, 2015. | |
| Contact | Kenneth Hawkins, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 6491. | |
| FR Citation | 80 FR 53105 |
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR