80 FR 74758 - Uncovered Innerspring Units from the People's Republic of China: Affirmative Final Determination of Circumvention of the Antidumping Duty Order
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 229 (November 30, 2015)
International Trade Administration
Federal Register Volume 80, Issue 229 (November 30, 2015)
| Page Range | 74758-74759 | |
| FR Document | 2015-30336 |
[Federal Register Volume 80, Number 229 (Monday, November 30, 2015)] [Notices] [Pages 74758-74759] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-30336] [[Page 74758]] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-928] Uncovered Innerspring Units from the People's Republic of China: Affirmative Final Determination of Circumvention of the Antidumping Duty Order AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On October 23, 2015, the Department of Commerce (``the Department'') published the affirmative preliminary determination of circumvention of the antidumping duty order on uncovered innerspring units (``innerspring units'') from the People's Republic of China (``PRC'').\1\ The Department invited interested parties to comment on the Preliminary Determination. No parties commented. Accordingly, our Preliminary Determination remains unchanged in this final determination. --------------------------------------------------------------------------- \1\ See Uncovered Innerspring Units from the People's Republic of China: Affirmative Preliminary Determination of Circumvention of the Antidumping Duty Order, 80 FR 64392 (October 23, 2015) (``Preliminary Determination''). --------------------------------------------------------------------------- DATES: Effective Date: November 30, 2015. FOR FURTHER INFORMATION CONTACT: Susan Pulongbarit, 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 October 23, 2015, the Department published the Preliminary Determination finding that innerspring units completed or assembled in Malaysia by Goldon Bedding Manufacturing Sdn. Bhd. (``Goldon'') using components from the PRC, and exported to the United States, are circumventing the antidumping duty order on innerspring units from the PRC,\2\ as provided in section 781(b) of the Tariff Act of 1930, as amended (``the Act''). We invited interested parties to comment on the Preliminary Determination, but no comments were received. --------------------------------------------------------------------------- \2\ Id. --------------------------------------------------------------------------- Scope of the Antidumping Duty Order The merchandise subject to the order is uncovered innerspring units composed of a series of individual metal springs joined together in sizes corresponding to the sizes of adult mattresses (e.g., twin, twin long, full, full long, queen, California king, and king) and units used in smaller constructions, such as crib and youth mattresses. All uncovered innerspring units are included in the scope regardless of width and length. Included within this definition are innersprings typically ranging from 30.5 inches to 76 inches in width and 68 inches to 84 inches in length. Innersprings for crib mattresses typically range from 25 inches to 27 inches in width and 50 inches to 52 inches in length. Uncovered innerspring units are suitable for use as the innerspring component in the manufacture of innerspring mattresses, including mattresses that incorporate a foam encasement around the innerspring. Pocketed and non-pocketed innerspring units are included in this definition. Non-pocketed innersprings are typically joined together with helical wire and border rods. Non-pocketed innersprings are included in this definition regardless of whether they have border rods attached to the perimeter of the innerspring. Pocketed innersprings are individual coils covered by a ``pocket'' or ``sock'' of a nonwoven synthetic material or woven material and then glued together in a linear fashion. Uncovered innersprings are classified under subheading 9404.29.9010 and have 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 description of the scope of the order is dispositive. 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. Final Determination In the Preliminary Determination, the Department found, on the basis of adverse facts available, 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 PRC Innerspring Units Order,\3\ pursuant to section 781(b) of the Act. Moreover, because we are unable to distinguish between those innerspring units Goldon is exporting to the United States which contain PRC-origin components and those that do not, the Department preliminarily determined that it is appropriate to instruct U.S. Customs and Border Protection (``CBP'') to suspend liquidation of all entries of innerspring units produced in and/or exported from Malaysia by Goldon as subject to the PRC Innerspring Units Order.\4\ --------------------------------------------------------------------------- \3\ See Uncovered Innerspring Units from the People's Republic of China: Notice of Antidumping Duty Order, 74 FR 7661 (February 19, 2009) (``PRC Innerspring Units Order''). \4\ For a complete discussion of our findings in the preliminary determination, see Memorandum to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, entitled ``Anticircumvention Inquiry Regarding the Antidumping Duty Order on Uncovered Innerspring Units from the People's Republic of China: Preliminary Determination Memorandum for Goldon Bedding Manufacturing Sdn. Bhd., dated October 19, 2015 (``Preliminary Decision Memorandum''). The signed Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. --------------------------------------------------------------------------- Because no party provided any additional information or comments regarding our Preliminary Determination, our final determination remains unchanged from our Preliminary Determination. Accordingly, the Department continues to determine that Goldon's merchandise is circumventing the PRC Innerspring Units Order within the meaning of section 781(b) of the Act and that it is appropriate to continue to instruct CBP to suspend all entries of innerspring units from Malaysia produced by Goldon. If Goldon would like to be reviewed under the PRC Innerspring Units Order, it must request a review of its exports. In such a review, the Department would determine Goldon's antidumping margin. Should the Department conduct an administrative review, 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. Continuation of Suspension of Liquidation In accordance with section 781(b) of the Act and 19 CFR 351.225(1)(3), the Department will continue to direct CBP to suspend liquidation and to require a [[Page 74759]] cash deposit of estimated duties at the rate applicable to the exporter on all unliquidated entries of innerspring units from produced in and/ or exported from Malaysia 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.\5\ --------------------------------------------------------------------------- \5\ See Uncovered Innerspring Units from the People's Republic China: Initiation of Anticircumvention Inquiry on Antidumping Duty Order, 79 FR 78792 (December 31, 2014). --------------------------------------------------------------------------- Notice to Parties This notice serves as the only reminder to parties subject to the 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. 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. This final affirmative circumvention determination is published in accordance with section 781(b) of the Act and 19 CFR 351.225(h). Dated: November 20, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015-30336 Filed 11-27-15; 8:45 am] BILLING CODE 3510-DS-P
![74758 Federal Register / Vol. 80, No. 229 / Monday, November 30, 2015 / Notices
DEPARTMENT OF COMMERCE springs joined together in sizes Units Order,3 pursuant to section 781(b)
corresponding to the sizes of adult of the Act. Moreover, because we are
International Trade Administration mattresses (e.g., twin, twin long, full, unable to distinguish between those
[A–570–928] full long, queen, California king, and innerspring units Goldon is exporting to
king) and units used in smaller the United States which contain PRC-
Uncovered Innerspring Units from the constructions, such as crib and youth origin components and those that do
People’s Republic of China: mattresses. All uncovered innerspring not, the Department preliminarily
Affirmative Final Determination of units are included in the scope determined that it is appropriate to
Circumvention of the Antidumping regardless of width and length. Included instruct U.S. Customs and Border
Duty Order within this definition are innersprings Protection (‘‘CBP’’) to suspend
typically ranging from 30.5 inches to 76 liquidation of all entries of innerspring
AGENCY: Enforcement and Compliance, inches in width and 68 inches to 84 units produced in and/or exported from
International Trade Administration, inches in length. Innersprings for crib Malaysia by Goldon as subject to the
Department of Commerce. mattresses typically range from 25 PRC Innerspring Units Order.4
SUMMARY: On October 23, 2015, the inches to 27 inches in width and 50 Because no party provided any
Department of Commerce (‘‘the inches to 52 inches in length. additional information or comments
Department’’) published the affirmative regarding our Preliminary
preliminary determination of Uncovered innerspring units are
suitable for use as the innerspring Determination, our final determination
circumvention of the antidumping duty remains unchanged from our
order on uncovered innerspring units component in the manufacture of
innerspring mattresses, including Preliminary Determination.
(‘‘innerspring units’’) from the People’s Accordingly, the Department continues
Republic of China (‘‘PRC’’).1 The mattresses that incorporate a foam
encasement around the innerspring. to determine that Goldon’s merchandise
Department invited interested parties to is circumventing the PRC Innerspring
comment on the Preliminary Pocketed and non-pocketed innerspring
units are included in this definition. Units Order within the meaning of
Determination. No parties commented. section 781(b) of the Act and that it is
Accordingly, our Preliminary Non-pocketed innersprings are typically
joined together with helical wire and appropriate to continue to instruct CBP
Determination remains unchanged in to suspend all entries of innerspring
this final determination. border rods. Non-pocketed innersprings
are included in this definition units from Malaysia produced by
DATES: Effective Date: November 30, Goldon. If Goldon would like to be
regardless of whether they have border
2015. rods attached to the perimeter of the reviewed under the PRC Innerspring
FOR FURTHER INFORMATION CONTACT: innerspring. Pocketed innersprings are Units Order, it must request a review of
Susan Pulongbarit, Office V, individual coils covered by a ‘‘pocket’’ its exports. In such a review, the
Enforcement and Compliance, or ‘‘sock’’ of a nonwoven synthetic Department would determine Goldon’s
International Trade Administration, material or woven material and then antidumping margin. Should the
U.S. Department of Commerce, 14th glued together in a linear fashion. Department conduct an administrative
Street and Constitution Avenue NW., review, and determine in the context of
Uncovered innersprings are classified that review that Goldon did not produce
Washington, DC 20230; telephone: (202) under subheading 9404.29.9010 and
482–4031. for export innerspring units using PRC-
have also been classified under origin innerspring components, the
SUPPLEMENTARY INFORMATION: subheadings 9404.10.0000, Department will consider initiating a
Background 7326.20.0070, 7320.20.5010, or changed circumstances review pursuant
7320.90.5010 of the Harmonized Tariff to section 751(b) of the Act to determine
On October 23, 2015, the Department Schedule of the United States
published the Preliminary if the continued suspension of all
(‘‘HTSUS’’). The HTSUS subheadings innerspring units produced by Goldon
Determination finding that innerspring are provided for convenience and
units completed or assembled in is warranted.
customs purposes only; the written
Malaysia by Goldon Bedding description of the scope of the order is Continuation of Suspension of
Manufacturing Sdn. Bhd. (‘‘Goldon’’) dispositive. Liquidation
using components from the PRC, and
Scope of the Anticircumvention Inquiry In accordance with section 781(b) of
exported to the United States, are
the Act and 19 CFR 351.225(1)(3), the
circumventing the antidumping duty
The products covered by this inquiry Department will continue to direct CBP
order on innerspring units from the
are innerspring units, as described to suspend liquidation and to require a
PRC,2 as provided in section 781(b) of
above, that are manufactured in
the Tariff Act of 1930, as amended (‘‘the
Malaysia by Goldon with PRC-origin 3 See Uncovered Innerspring Units from the
Act’’). We invited interested parties to People’s Republic of China: Notice of Antidumping
components and other direct materials,
comment on the Preliminary Duty Order, 74 FR 7661 (February 19, 2009) (‘‘PRC
such as helical wires, and that are Innerspring Units Order’’).
Determination, but no comments were
subsequently exported from Malaysia to 4 For a complete discussion of our findings in the
received.
the United States. preliminary determination, see Memorandum to
Scope of the Antidumping Duty Order Ronald K. Lorentzen, Acting Assistant Secretary for
Final Determination Enforcement and Compliance from Christian Marsh,
The merchandise subject to the order Deputy Assistant Secretary for Antidumping and
is uncovered innerspring units In the Preliminary Determination, the Countervailing Duty Operations, entitled
jstallworth on DSK7TPTVN1PROD with NOTICES
Department found, on the basis of ‘‘Anticircumvention Inquiry Regarding the
composed of a series of individual metal Antidumping Duty Order on Uncovered Innerspring
adverse facts available, that innerspring Units from the People’s Republic of China:
1 See Uncovered Innerspring Units from the units completed and assembled in Preliminary Determination Memorandum for
People’s Republic of China: Affirmative Preliminary Malaysia by Goldon using components Goldon Bedding Manufacturing Sdn. Bhd., dated
Determination of Circumvention of the from the PRC and exported from October 19, 2015 (‘‘Preliminary Decision
Antidumping Duty Order, 80 FR 64392 (October 23, Memorandum’’). The signed Preliminary Decision
2015) (‘‘Preliminary Determination’’). Malaysia to the United States are Memorandum can be accessed directly at http://
2 Id. circumventing the PRC Innerspring enforcement.trade.gov/frn/index.html.
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![Federal Register / Vol. 80, No. 229 / Monday, November 30, 2015 / Notices 74759
cash deposit of estimated duties at the FOR FURTHER INFORMATION CONTACT: thus withheld requested information,
rate applicable to the exporter on all Joseph Shuler, AD/CVD Operations, failed to provide requested information
unliquidated entries of innerspring Office I, Enforcement and Compliance, by the established deadlines, and
units from produced in and/or exported International Trade Administration, significantly impeded this proceeding.
from Malaysia by Goldon that were U.S. Department of Commerce, 14th See sections 776(a)(2)(A)–(C) of the Act.
entered, or withdrawn from warehouse, Street and Constitution Avenue NW., Furthermore, because we preliminarily
for consumption on or after December Washington, DC 20230; telephone: (202) determine that KME Italy failed to
22, 2014, the date of initiation of the 482–1293. cooperate by not acting to the best of its
anticircumvention inquiry.5 SUPPLEMENTARY INFORMATION: ability to comply with the Department’s
requests for information, we drew an
Notice to Parties Scope of the Order adverse inference in selecting from
This notice serves as the only The merchandise subject to the among the facts otherwise available. See
reminder to parties subject to the antidumping duty order is brass sheet section 776(b) of the Act.
administrative protective order (‘‘APO’’) and strip, other than leaded brass and For a full description of the
of their responsibility concerning the tin brass sheet and strip, from Italy, methodology underlying our
return or destruction of proprietary which is currently classified under conclusions, see the Preliminary
information disclosed under APO in subheading 7409.21.00.50, Decision Memorandum.
accordance with 19 CFR 351.305. 7409.21.00.75, 7409.21.00.90,
Timely written notification of the return 7409.29.00.50, 7409.29.00.75, and Preliminary Results of Review
or destruction of APO materials, or 7409.29.00.90 of the Harmonized Tariff As a result of our review, we
conversion to judicial protective order, Schedule of the United States (HTSUS). preliminarily determine that the
is hereby requested. Failure to comply The HTSUS numbers are provided for following dumping margin on BSS from
with the regulations and terms of an convenience and customs purposes. A Italy exists for the period March 1, 2014,
APO is a violation which is subject to full description of the scope of the order through February 28, 2015:
sanction. is contained in the Preliminary Decision
This final affirmative circumvention Memorandum.2 The written description Dumping
determination is published in is dispositive. Exporter/Manufacturer margin
accordance with section 781(b) of the The Preliminary Decision (percent)
Act and 19 CFR 351.225(h). Memorandum is a public document and
KME Italy SpA ...................... 22.00 percent
Dated: November 20, 2015. is on file electronically via Enforcement
Paul Piquado, and Compliance’s Antidumping and
Countervailing Duty Centralized Disclosure and Public Comment
Assistant Secretary for Enforcement and
Compliance. Electronic Service System (ACCESS). Pursuant to 19 CFR 351.309(c),
[FR Doc. 2015–30336 Filed 11–27–15; 8:45 am]
ACCESS is available to registered users interested parties may submit case briefs
at http://access.trade.gov and to all not later than 30 days after the date of
BILLING CODE 3510–DS–P
parties in the Central Records Unit, publication of this notice. Rebuttal
Room B8024 of the main Department of briefs, limited to issues raised in the
DEPARTMENT OF COMMERCE Commerce building. In addition, a case briefs, may be filed not later than
complete version of the Preliminary five days after the date for filing case
International Trade Administration Decision Memorandum can be accessed briefs.3 Parties who submit case briefs or
directly on the Internet at http:// rebuttal briefs in this proceeding are
[A–475–601]
enforcement.trade.gov/frn/index.html. encouraged to submit with each
A list of the topics discussed in the argument: (1) A statement of the issue;
Brass Sheet and Strip From Italy; Preliminary Decision Memorandum is (2) a brief summary of the argument;
Preliminary Results of Antidumping attached as an Appendix to this notice. and (3) a table of authorities.4 Case and
Duty Administrative Review; 2014– Methodology rebuttal briefs should be filed using
2015 ACCESS.5
In accordance with sections 776(a)
AGENCY: Enforcement and Compliance, and (b) of the Tariff Act of 1930, as Pursuant to 19 CFR 351.310(c),
International Trade Administration, amended (the Act), we relied on facts interested parties who wish to request a
Department of Commerce. available with an adverse inference with hearing, or to participate if one is
respect to KME Italy SpA (KME Italy), requested, must submit a written
SUMMARY: The Department of Commerce
the only company for which a review request to the Assistant Secretary for
(the Department) is conducting an
was requested. Thus, we preliminarily Enforcement and Compliance, filed
administrative review of the
assign a rate of 22.00 percent as the electronically via ACCESS. An
antidumping duty order on brass sheet
dumping margin for KME Italy. In electronically filed document must be
and strip (BSS) from Italy.1 This review
making these findings, we relied on received successfully in its entirety in
covers one company. The period of
facts available because KME Italy failed ACCESS by 5 p.m. Eastern Time within
review (POR) is March 1, 2014, through
to respond to the Department’s 30 days after the date of publication of
February 28, 2015.
antidumping duty questionnaire, and this notice. Requests should contain: (1)
DATES: Effective Date: November 30, The party’s name, address and
2015.
jstallworth on DSK7TPTVN1PROD with NOTICES
2 See Memorandum from Christian Marsh, Deputy telephone number; (2) the number of
Assistant Secretary for Antidumping and participants; and (3) a list of issues to be
5 See Uncovered Innerspring Units from the
Countervailing Duty Operations, to Paul Piquado, discussed. Issues raised in the hearing
People’s Republic China: Initiation of Assistant Secretary for Enforcement and
Anticircumvention Inquiry on Antidumping Duty Compliance, ‘‘Decision Memorandum for
3 See 19 CFR 351.309(d).
Order, 79 FR 78792 (December 31, 2014). Preliminary Results of the 2014–2015 Antidumping
1 See Initiation of Antidumping and 4 See 19 CFR 351.303 (for general filing
Duty Administrative Review: Brass Sheet and Strip
Countervailing Duty Administrative Reviews, 80 FR from Italy’’ (Preliminary Decision Memorandum), requirements).
24233 (April 30, 2015). dated concurrently with this notice. 5 See 19 CFR 351.303.
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Document Created: 2018-03-01 11:12:33
Document Modified: 2018-03-01 11:12:33
| 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: November 30, 2015. | |
| Contact | Susan Pulongbarit, 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 74758 |
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