80 FR 64392 - Uncovered Innerspring Units From the People's Republic of China: Affirmative Preliminary Determination of Circumvention of the Antidumping Duty Order
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 205 (October 23, 2015)
International Trade Administration
Federal Register Volume 80, Issue 205 (October 23, 2015)
| Page Range | 64392-64394 | |
| FR Document | 2015-27089 |
[Federal Register Volume 80, Number 205 (Friday, October 23, 2015)] [Notices] [Pages 64392-64394] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-27089] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-928] Uncovered Innerspring Units From the People's Republic of China: Affirmative Preliminary Determination of Circumvention of the Antidumping Duty Order AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (``the Department'') preliminarily determines that uncovered innerspring units (``innersprings units'') completed or assembled in Malaysia by Goldon Bedding Manufacturing Sdn. Bhd. (``Goldon'') using components from the People's Republic of China (``PRC''), and exported to the United States, are circumventing the antidumping duty order on innersprings from the PRC, as provided in section 781(b) of the Tariff Act of 1930, as amended (``the Act'').\1\ --------------------------------------------------------------------------- \1\ See Uncovered Innerspring Units from the People's Republic of China: Notice of Antidumping Duty Order, 74 FR 7661 (February 19, 2009) (``Order''). --------------------------------------------------------------------------- DATES: Effective Date: October 23, 2015. FOR FURTHER INFORMATION CONTACT: Susan Pulongbarit, 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- 4031. SUPPLEMENTARY INFORMATION: Background On December 31, 2014, the Department initiated an anticircumvention inquiry on imports of innersprings from the PRC exported by Goldon.\2\ On January 12, 2015, the Department issued a circumvention inquiry questionnaire.\3\ On January 22, 2015, we placed information on the record confirming Goldon's receipt of the questionnaire.\4\ The Department has, [[Page 64393]] to date, not received any responses to our requests for information from Goldon. --------------------------------------------------------------------------- \2\ See Uncovered Innerspring Units From the People's Republic of China: Initiation of Anticircumvention Inquiry on Antidumping Duty Order, 79 FR 78792 (December 31, 2014) (``Initiation''). \3\ See Letter from the Department, to Goldon, regarding ``Uncovered Innerspring Units from the People's Republic of China: Circumvention Inquiry Questionnaire,'' dated January 12, 2015 (``Circumvention Questionnaire''). \4\ See Memo to the File, through Scot T. Fullerton, Program Manager, Office V, AD/CVD Operations, Enforcement and Compliance, from Steven Hampton, International Trade Compliance Analyst, Office V, AD/CVD Operations, Enforcement and Compliance, regarding ``Uncovered Innerspring Units from the People's Republic of China: Anticircumvention Inquiry Questionnaire: Documentation to Confirm Goldon's Receipt of the Questionnaire,'' dated January 22, 2015. --------------------------------------------------------------------------- Because Goldon failed to respond to the questionnaire, the record does not contain complete information regarding the factors set forth in section 781(b) of the Tariff Act of 1930 (the ``Act''). Accordingly, we have based our determination on facts otherwise available, pursuant to sections 776(a)(2)(A) and (C) of the Act, applying an adverse inference, pursuant to section 776(b) of the Act.\5\ --------------------------------------------------------------------------- \5\ For more information, see Department Memorandum, ``Anticircumvention Inquiry Regarding the Antidumping Duty Order on Uncovered Innerspring Units from the People's Republic of China: Preliminary Determination Decision Memorandum for Goldon Bedding Manufacturing Sdn. Bhd.,'' dated concurrently with these results (``Preliminary Decision Memorandum''). --------------------------------------------------------------------------- Scope of the Antidumping Duty Order The merchandise subject to the order is uncovered innerspring units. 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, 7320.90.5010, or 7326.20.0071 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.\6\ --------------------------------------------------------------------------- \6\ See Preliminary Decision Memorandum for a complete description of the scope of the Order. --------------------------------------------------------------------------- Scope of the Anticircumvention Inquiry The products covered by this inquiry are innerspring units, as described above, that are manufactured in Malaysia by Goldon with PRC- origin components and other direct materials, such as helical wires, and that are subsequently exported from Malaysia to the United States. Methodology The Department has conducted this preliminary determination of circumvention in accordance with section 781(b) of the Act and 19 CFR 351.225(h). For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. The Preliminary 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 is available to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, the signed Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. The Preliminary Decision Memorandum is hereby adopted by this notice. Affirmative Preliminary Determination of Circumvention As detailed in the Preliminary Decision Memorandum, the Department preliminarily determines, based on facts available with an adverse inference pursuant to sections 776(a) and (b) of the Act, that innerspring units completed and assembled in Malaysia by Goldon using components from the PRC and exported from Malaysia to the United States are circumventing the Order. Moreover, because we are unable to distinguish between those innerspring units that Goldon is exporting to the United States which contain PRC-origin components and those that do not, the Department has preliminarily determined that it is appropriate to instruct U.S. Customs and Border Protection (``CBP'') to suspend liquidation of all entries of innerspring units from Malaysia produced by Goldon as subject to the Order. Suspension of Liquidation In accordance with 19 CFR 351.225(l)(2), the Department will direct CBP to suspend liquidation and to require a cash deposit of estimated duties at the rate applicable to the exporter, on all unliquidated entries of innerspring units produced by Goldon that were entered, or withdrawn from warehouse, for consumption on or after December 22, 2014, the date of initiation of the anticircumvention inquiry. Should the Department conduct an administrative review in the future, and determine in the context of that review that Goldon did not produce for export innerspring units using PRC-origin innerspring components, the Department will consider initiating a changed circumstances review pursuant to section 751(b) of the Act to determine if the continued suspension of all innerspring units produced by Goldon is warranted.\7\ --------------------------------------------------------------------------- \7\ See, e.g., Certain Tissue Paper Products from the People's Republic of China: Affirmative Final Determination of Circumvention of the Antidumping Duty Order, 76 FR 47554 (August 5, 2011). --------------------------------------------------------------------------- Notification to the International Trade Commission The Department, consistent with section 781(e)(1)(B) of the Act and 19 CFR 351.225(f)(7)(i)(B), has notified the International Trade Commission (``ITC'') of this preliminary determination to include the merchandise subject to this anticircumvention inquiry within the Order. Pursuant to section 781(e)(2) of the Act, the ITC may request consultations concerning the Department's proposed inclusion of the subject merchandise. If, after consultations, the ITC believes that a significant injury issue is presented by the proposed inclusion, it will have 15 days to provide written advice to the Department.\8\ --------------------------------------------------------------------------- \8\ See section 781(e)(2) of the Act. --------------------------------------------------------------------------- Public Comment Interested parties may submit case briefs within 15 days after the date of publication of these preliminary results of review in the Federal Register. Rebuttals to case briefs, which are limited to issues raised in the case briefs, must be filed within five days after the time limit for filing case briefs. Parties who submit case or rebuttal briefs are requested to submit with the argument (a) a statement of the issue, (b) a brief summary of the argument, and (c) a table of authorities. Parties submitting briefs should do so using the Department's electronic filing system, ACCESS. 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, U.S. Department of Commerce, filed electronically using ACCESS. An electronically filed document must be received successfully in its entirety by the Department's electronic records system, ACCESS, by 5:00 p.m. Eastern Time, within 30 days after the date of publication of this notice.\9\ Hearing requests should contain the party's name, address, and telephone number, the number of participants, and a list of the issues parties intend to present at the hearing. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, at a time and location to be determined. Prior to the date of the hearing, the Department will contact all parties that submitted case or rebuttal brief to determine if they wish to participate in the hearing. [[Page 64394]] The Department will then distribute a hearing schedule to the parties prior to the hearing and only those parties listed on the schedule may present issues raised in their briefs. --------------------------------------------------------------------------- \9\ See 19 CFR 351.310(c). --------------------------------------------------------------------------- Final Determination Pursuant to section 781(f) of the Act, the final determination with respect to this anticircumvention inquiry, including the results of the Department's analysis of any written comments, will be issued no later than December 2, 2015, unless extended. This preliminary affirmative circumvention determination is published in accordance with section 781(b) of the Act and 19 CFR 351.225. Dated: October 19, 2015. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015-27089 Filed 10-22-15; 8:45 am] BILLING CODE 3510-DS-P
![64392 Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Notices
restaurants to inquire about garbage- comparison of the 2011 Slovakia EA DEPARTMENT OF COMMERCE
disposal methods, in favor of allowing analysis in regards to the proposed
inspectors to spend more time action of this notice for the EU Member International Trade Administration
interacting with and educating swine State Croatia and determined that the [A–570–928]
producers and conducting inspections. environmental analyses of the Slovakia
The regular presence of APHIS EA were similar and sufficient to cover Uncovered Innerspring Units From the
inspectors in U.S. garbage feeding the proposed action for Croatia. The People’s Republic of China:
facilities provides opportunities to 2011 Slovakia EA stated that for any Affirmative Preliminary Determination
educate operators on disease signs and like/similar future regionalization of Circumvention of the Antidumping
reporting requirements and to conduct Duty Order
actions proposed for EU Member States,
direct observation of animals for signs of
APHIS would incorporate the Slovakia AGENCY: Enforcement and Compliance,
illness. APHIS believes, therefore, that
the presence of animal products EA by reference in a new FONSI issued International Trade Administration,
infected with FMD or other reportable for a proposed new action for an EU Department of Commerce.
conditions entering the United States Member State. That is what we have SUMMARY: The Department of Commerce
would be detected more quickly in these done for this proposed action for (‘‘the Department’’) preliminarily
types of premises than in other, Croatia. determines that uncovered innerspring
unregulated premises. Additionally, we determined that units (‘‘innersprings units’’) completed
future proposed actions of this nature or assembled in Malaysia by Goldon
Environmental Assessment
pose negligible environmental impacts Bedding Manufacturing Sdn. Bhd.
The commenters noted that the to each EU Member State or country that (‘‘Goldon’’) using components from the
environmental assessment (EA) People’s Republic of China (‘‘PRC’’), and
has entered into an agricultural
provided with this rulemaking was the exported to the United States, are
equivalency agreement with the EU,
May 2011 EA for the importation of circumventing the antidumping duty
swine and swine commodities from provided that a disease assessment finds
them to be free of or a low risk for order on innersprings from the PRC, as
Slovakia. They also noted that APHIS provided in section 781(b) of the Tariff
provided a supporting document that relevant diseases. As Croatia is an EU
Member State and because we have Act of 1930, as amended (‘‘the Act’’).1
was an amended finding of no
determined that Croatia is free of SVD, DATES: Effective Date: October 23, 2015.
significant impact (FONSI) from
importation of swine and swine FMD, and rinderpest, and at low risk for FOR FURTHER INFORMATION CONTACT:
commodities from Croatia that uses the CSF, we believe that the ‘‘like/similar Susan Pulongbarit, AD/CVD Operations,
EA from Slovakia as the basis for the action’’ environmental analyses Office V, Enforcement and Compliance,
amended finding related to Croatia. The approach as presented in the 2011 International Trade Administration,
commenters requested that APHIS Slovakia EA/FONSI is appropriate to U.S. Department of Commerce, 14th
expand on how it is justifiable to use an use for the proposed action for Croatia. Street and Constitution Avenue NW.,
EA prepared for other countries and Washington, DC 20230; telephone:
Based on the evaluation and the (202) 482–4031.
apply it to Croatia.
reasons given in this document in SUPPLEMENTARY INFORMATION:
APHIS has conducted animal health
status evaluations for multiple EU response to comments, we are
recognizing Croatia as free of FMD, Background
Member States for swine diseases. Since
2006 we have recognized the CSF, FMD, rinderpest, and SVD, and low risk for On December 31, 2014, the
SVD, and/or rinderpest status for EU CSF. The lists of regions recognized as Department initiated an
Member States Latvia, Lithuania, free or at low risk of these diseases can anticircumvention inquiry on imports of
Poland, the Czech Republic, Slovakia, be found by visiting the APHIS Web site innersprings from the PRC exported by
Slovenia, Estonia, and Hungary, and for at http://www.aphis.usda.gov/wps/ Goldon.2 On January 12, 2015, the
certain countries that have entered into portal/aphis/ourfocus/importexport and Department issued a circumvention
agricultural equivalence agreements following the link to ‘‘Animal or Animal inquiry questionnaire.3 On January 22,
with the EU. In each case, we Product.’’ Copies of the lists are also 2015, we placed information on the
determined that measures are in place to available via postal mail, fax, or email record confirming Goldon’s receipt of
mitigate the risk of CSF, SVD, FMD, upon request to the Regionalization the questionnaire.4 The Department has,
and/or rinderpest introduction into the Evaluation Services, National Import
1 See Uncovered Innerspring Units from the
United States through importation of Export Services, Veterinary Services, People’s Republic of China: Notice of Antidumping
swine, swine commodities, ruminants, Animal and Plant Health Inspection Duty Order, 74 FR 7661 (February 19, 2009)
and ruminant commodities from Service, 4700 River Road Unit 39, (‘‘Order’’).
countries or regions that we recognize as Riverdale, Maryland 20737. 2 See Uncovered Innerspring Units From the
low risk for CSF and free of SVD, FMD, People’s Republic of China: Initiation of
and rinderpest. Authority: 7 U.S.C. 450, 7701–7772, 7781– Anticircumvention Inquiry on Antidumping Duty
7786, and 8301–8317; 21 U.S.C. 136 and Order, 79 FR 78792 (December 31, 2014)
Given that the EU applies and ensures (‘‘Initiation’’).
enforcement of the same disease 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 3 See Letter from the Department, to Goldon,
mitigation requirements across all EU 371.4. regarding ‘‘Uncovered Innerspring Units from the
Member States, we recognized that the Done in Washington, DC, this 19th day of People’s Republic of China: Circumvention Inquiry
Questionnaire,’’ dated January 12, 2015
mstockstill on DSK4VPTVN1PROD with NOTICES
single-state evaluations we were October 2015.
(‘‘Circumvention Questionnaire’’).
conducting were redundant and thus Kevin Shea, 4 See Memo to the File, through Scot T. Fullerton,
unnecessary with respect to meeting the Administrator, Animal and Plant Health Program Manager, Office V, AD/CVD Operations,
requirements of the National Inspection Service. Enforcement and Compliance, from Steven
Environmental Protection Act (NEPA). Hampton, International Trade Compliance Analyst,
[FR Doc. 2015–27092 Filed 10–22–15; 8:45 am] Office V, AD/CVD Operations, Enforcement and
After we consulted with Agency Compliance, regarding ‘‘Uncovered Innerspring
BILLING CODE 3410–34–P
specialists on NEPA, we did an Units from the People’s Republic of China:
environmental impact analysis Anticircumvention Inquiry Questionnaire:
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![64394 Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Notices
The Department will then distribute a Agenda by telephone will be available at:
hearing schedule to the parties prior to The committee will receive a progress http://www.mafmc.org.
the hearing and only those parties listed report and provide guidance to the Plan Council address: Mid-Atlantic Fishery
on the schedule may present issues Development Team on the development Management Council, 800 N. State
raised in their briefs. of an example Fishery Ecosystem Plan Street, Suite 201, Dover, DE 19901;
(FEP). This meeting will focus on the telephone: (302) 674–2331; Web site:
Final Determination
FEP components, strawman goals and www.mafmc.org.
Pursuant to section 781(f) of the Act, objectives and a summary of how FOR FURTHER INFORMATION CONTACT:
the final determination with respect to various ecosystem models address FEP Christopher M. Moore, Ph.D., Executive
this anticircumvention inquiry, data needs. The Committee will also Director, Mid-Atlantic Fishery
including the results of the formulate comments on NOAA Management Council, telephone: (302)
Department’s analysis of any written Fisheries Draft Ecosystem-Based 526–5255.
comments, will be issued no later than Fisheries Management Policy (http://
December 2, 2015, unless extended. SUPPLEMENTARY INFORMATION: The Mid-
s3.amazonaws.com/nefmc.org/2_Draft- Atlantic Fishery Management Council’s
This preliminary affirmative EBFM-Policy-9.9.2015-for-release.pdf).
circumvention determination is Summer Flounder, Scup, and Black Sea
Final comments on the Draft Policy will Bass Advisory Panel, together with the
published in accordance with section be approved at the December 2015
781(b) of the Act and 19 CFR 351.225. Atlantic States Marine Fisheries
Council meeting. Commission’s Advisory Panel, will meet
Dated: October 19, 2015. on Tuesday November 17, 2015 (see
Special Accommodations
Ronald K. Lorentzen, DATES and ADDRESSES). The purpose of
Acting Assistant Secretary for Enforcement This meeting is physically accessible this meeting is to discuss management
and Compliance. to people with disabilities. Requests for measures (e.g. bag limits, size limits,
[FR Doc. 2015–27089 Filed 10–22–15; 8:45 am] sign language interpretation or other and seasons) for recreational summer
BILLING CODE 3510–DS–P
auxiliary aids should be directed to flounder, scup, and black sea bass
Thomas A. Nies, Executive Director, at fisheries in 2016.
(978) 465–0492, at least 5 days prior to A detailed agenda and background
DEPARTMENT OF COMMERCE the meeting date. documents will be made available on
Authority: 16 U.S.C. 1801 et seq. the Council’s Web site (www.mafmc.org)
National Oceanic and Atmospheric prior to the meeting.
Administration Dated: October 20, 2015.
Tracey L. Thompson, Special Accommodations
Acting Deputy Director, Office of Sustainable
RIN 0648–XE264 The meeting is physically accessible
Fisheries, National Marine Fisheries Service.
to people with disabilities. Requests for
New England Fishery Management [FR Doc. 2015–27005 Filed 10–22–15; 8:45 am]
sign language interpretation or other
Council; Public Meeting BILLING CODE 3510–22–P
auxiliary aid should be directed to M.
AGENCY: National Marine Fisheries Jan Saunders, (302) 526–5251, at least 5
Service (NMFS), National Oceanic and days prior to the meeting date.
DEPARTMENT OF COMMERCE
Atmospheric Administration (NOAA), Dated: October 20, 2015.
Commerce. National Oceanic and Atmospheric Tracey L. Thompson,
ACTION: Notice; public meeting.
Administration Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
RIN 0648–XE253
SUMMARY: The New England Fishery [FR Doc. 2015–27004 Filed 10–22–15; 8:45 am]
Management Council (Council) is Mid-Atlantic Fishery Management BILLING CODE 3510–22–P
scheduling a public meeting of its Council (MAFMC); Public Meeting
Ecosystem Based Fishery Management
Committee to consider actions affecting AGENCY: National Marine Fisheries DEPARTMENT OF COMMERCE
New England fisheries in the exclusive Service (NMFS), National Oceanic and
economic zone (EEZ). Atmospheric Administration (NOAA), National Oceanic and Atmospheric
Recommendations from this group will Commerce. Administration
be brought to the full Council for formal ACTION: Notice; public meeting.
Submission for OMB Review;
consideration and action, if appropriate.
SUMMARY: The Mid-Atlantic Fishery Comment Request
DATES: This meeting will be held on
Management Council’s (MAFMC’s) The Department of Commerce will
Tuesday, November 10, 2015 at 9 a.m.
Summer Flounder, Scup, and Black Sea submit to the Office of Management and
ADDRESSES: The meeting will be held at Bass Advisory Panel will hold a public
the Fairfield Inn & Suites, 185 Budget (OMB) for clearance the
meeting jointly with the Atlantic States following proposal for collection of
MacArthur Drive, New Bedford, MA Marine Fisheries Commission’s
02740; telephone: (774) 634–2000; fax: information under the provisions of the
(ASMFC’s) Summer Flounder, Scup, Paperwork Reduction Act (44 U.S.C.
(774) 634–2001. and Black Sea Bass Advisory Panel. Chapter 35).
Council address: New England DATES: The meeting will be held on
mstockstill on DSK4VPTVN1PROD with NOTICES
Agency: National Oceanic and
Fishery Management Council, 50 Water Tuesday November 17, 2015, from 4 Atmospheric Administration (NOAA).
Street, Mill 2, Newburyport, MA 01950. p.m. to 7 p.m. See SUPPLEMENTARY Title: Socioeconomics of Guided
FOR FURTHER INFORMATION CONTACT: INFORMATION for agenda details. Wildlife Viewing Operations in
Thomas A. Nies, Executive Director, ADDRESSES: The meeting will take place Monterey Bay National Marine
New England Fishery Management over webinar with a telephone-only Sanctuary (MBNMS).
Council; telephone: (978) 465–0492. connection option. Details on how to OMB Control Number: 0648–xxxx.
SUPPLEMENTARY INFORMATION: connect to the webinar by computer and Form Number(s): None.
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Document Created: 2015-12-14 15:32:44
Document Modified: 2015-12-14 15:32:44
| 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 | |
| Contact | Susan Pulongbarit, 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- 4031. | |
| FR Citation | 80 FR 64392 |
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