80 FR 9435 - Uncovered Innerspring Units From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2013-2014
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 35 (February 23, 2015)
International Trade Administration
Federal Register Volume 80, Issue 35 (February 23, 2015)
| Page Range | 9435-9437 | |
| FR Document | 2015-03613 |
[Federal Register Volume 80, Number 35 (Monday, February 23, 2015)] [Notices] [Pages 9435-9437] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-03613] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-928] Uncovered Innerspring Units From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2013- 2014 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (``the Department'') is conducting an administrative review of the antidumping duty order on uncovered innerspring units (``innerspring units'') from the People's Republic of China (``PRC''). The period of review is February 1, 2013, through January 31, 2014. The review covers two exporters of subject merchandise: Comfort Coil Technology Sdn Bhd (``Comfort Coil'') and Creative Furniture & Bedding Manufacturing (``Creative Furniture''). The Department preliminarily determines that Comfort Coil had no shipments of subject merchandise during the POR. The Department also preliminarily determines that Creative Furniture did not cooperate to the best of its ability and is, therefore, applying adverse facts available (``AFA'') to Creative Furniture's PRC-origin merchandise. Interested parties are invited to comment on these preliminary results. FOR FURTHER INFORMATION CONTACT: Susan Pulongbarit, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4031. SUPPLEMENTARY INFORMATION: Background On February 19, 2009, the Department published in the Federal Register notice of an antidumping duty order on innerspring units from the PRC (``the Order'').\1\ On February 28, 2014, Leggett & Platt, Inc. (``Petitioner'') submitted a request for the Department to conduct an administrative review of the Order that examines Comfort Coil's and Creative Furniture's exports of subject merchandise made during the POR.\2\ On April 1, 2014, the Department published in the Federal Register a notice of initiation of this administrative review of the Order concerning Comfort Coil's and Creative Furniture's POR exports of subject merchandise.3 4 --------------------------------------------------------------------------- \1\ See Uncovered Innerspring Units from the People's Republic of China: Notice of Antidumping Duty Order, 74 FR 7661 (February 19, 2009). \2\ See Request for Antidumping Administrative Review of the Antidumping Duty Order on Uncovered Innerspring Units from the People's Republic of China, dated February 28, 2014. \3\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 79 FR 18262, 18272 (April 1, 2014) (``Initiation Notice''). \4\ Comfort Coil and Creative Furniture are both located in market economy countries. As a result, the Department is examining each company's respective PRC exports of subject merchandise for this administrative review. --------------------------------------------------------------------------- Scope of the Order The merchandise subject to the order is uncovered innerspring units [[Page 9436]] 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. 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.\5\ --------------------------------------------------------------------------- \5\ For a complete description of the scope of the subject antidumping duty order, see Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, entitled ``Decision Memorandum for Preliminary Results of 2013-2014 Antidumping Duty Administrative Review: Uncovered Innerspring Units from the People's Republic of China'' (``Preliminary Decision Memorandum''), dated concurrently with these results and hereby adopted by this notice. --------------------------------------------------------------------------- Methodology The Department has conducted this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (``the Act''). With respect to Creative Furniture, we relied on facts available and, because Creative Furniture did not act to the best of its ability to respond to the Department's requests for information, we drew an adverse inference in selecting from among the facts otherwise available.\6\ --------------------------------------------------------------------------- \6\ See sections 776(a) and (b) of the Act. --------------------------------------------------------------------------- For a full description of the methodology underlying our conclusions, please 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'').\7\ ACCESS is available to registered users at http://access.trade.gov and in the Central Records Unit, room 7046 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. --------------------------------------------------------------------------- \7\ On November 24, 2014, Enforcement and Compliance changed the name of its centralized electronic service system to ACCESS. The Web site location was changed from http://iaaccess.trade.gov to http://access.trade.gov. The Department published in the Federal Register the final rule changing the references to ``IA ACCESS'' in the Department's regulations to ``ACCESS.'' See Enforcement and Compliance; Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014). --------------------------------------------------------------------------- Preliminary Determination of No Shipments Comfort Coil timely submitted a certification indicating that it had no exports, sales, or entries of subject merchandise to the United States during the POR.\8\ To corroborate Comfort Coil's no shipments claim, the Department submitted a formal query to U.S. Customs & Border Protection (``CBP''), the results of which did not provide any evidence that contradicts Comfort Coil's claim of no shipments. Moreover, no party commented on Comfort Coil's no shipments claim or the results of the CBP query. Based on the certification of Comfort Coil and our analysis of the CBP information, the Department preliminarily determines that Comfort Coil did not have any reviewable transactions during the POR. In addition, consistent with the Department's practice in nonmarket economy (``NME'') cases, the Department finds that it is appropriate not to rescind the review, in part, in these circumstances, but rather to complete the review with respect to Comfort Coil and issue appropriate instructions to CBP based on the final results of the review.\9\ --------------------------------------------------------------------------- \8\ See Uncovered Innerspring Units from the People's Republic of China: No Sales Certifications Clarifications, dated December 2, 2014. \9\ See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) and the ``Assessment Rates'' section below. --------------------------------------------------------------------------- Preliminary Results of Review The Department preliminarily determines that a dumping margin of 234.51 percent exists for Creative Furniture for the period February 1, 2013, through January 31, 2014. Public Comment Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs not later than 30 days after the date of publication of this notice in the Federal Register. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.\10\ Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.\11\ Case and rebuttal briefs should be filed using ACCESS.\12\ --------------------------------------------------------------------------- \10\ See 19 CFR 351.309(d). \11\ See 19 CFR 351.309(c)(2) and (d)(2). \12\ See 19 CFR 351.303. --------------------------------------------------------------------------- Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. An electronically filed document must be received successfully in its entirety by 5 p.m. Eastern Standard Time within 30 days after the date of publication of this notice in the Federal Register.\13\ Requests should contain: (1) The party's name, address, and 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 briefs. The Department will issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, not later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act. --------------------------------------------------------------------------- \13\ See 19 CFR 351.310(c). --------------------------------------------------------------------------- Assessment Rates Upon issuance of the final results, the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.\14\ The Department intends to issue assessment instructions to CBP 15 days after the publication date of the final results of this review. We will instruct CBP to assess duties at the ad valorem margin rate published above. We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review if any assessment rate calculated in the final results of this review is above de minimis. Additionally, pursuant to its assessment practice in NME cases, if the Department continues to determine that Comfort Coil had no shipments of the subject merchandise, any suspended entries that entered under that exporter's case number (i.e., at that exporter's rate) will be liquidated at the PRC-wide rate.\15\ The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable. The Department will assess duties only on entries of Comfort Coil's [[Page 9437]] and Creative Furniture's PRC-origin merchandise. --------------------------------------------------------------------------- \14\ See 19 CFR 351.212(b)(1). \15\ For a full discussion of this practice, see Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). --------------------------------------------------------------------------- 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 the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) For Comfort Coil, which claimed no shipments, the Department has not established a cash deposit rate in this administrative review, for Creative Furniture, the cash deposit rate will be that established in the final results of this review (except, if the rate is zero or de minimis, then zero cash deposit will be required) and the Department will collect cash deposits only on Comfort Coil's and Creative Furniture's PRC-origin merchandise; (2) for previously investigated or reviewed PRC and non-PRC exporters not listed above that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporter-specific rate published for the most recently completed period; (3) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be the PRC-wide rate 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. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also 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 antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213. Dated: February 13, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Scope of the Order 4. Preliminary Determination of No Shipments 5. Facts Otherwise Available 6. Adverse Facts Available 7. Corroboration 8. Recommendation [FR Doc. 2015-03613 Filed 2-20-15; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 80, No. 35 / Monday, February 23, 2015 / Notices 9435
Salgado-Guzman had an interest at the intended to be, exported from the antidumping duty order on uncovered
time of his conviction. United States; or innerspring units (‘‘innerspring units’’)
Accordingly, it is hereby ordered: E. Engage in any transaction to service from the People’s Republic of China
First, from the date of this Order until any item subject to the Regulations that (‘‘PRC’’). The period of review is
May 5, 2024, Ernesto Salgado-Guzman, has been or will be exported from the February 1, 2013, through January 31,
with last known addresses of Inmate United States and which is owned, 2014. The review covers two exporters
Number—68370–097, Willacy County, possessed or controlled by the Denied of subject merchandise: Comfort Coil
Correctional Institution, 1800 Industrial Person, or service any item, of whatever Technology Sdn Bhd (‘‘Comfort Coil’’)
Drive, Raymondville, TX 78580 and origin, that is owned, possessed or and Creative Furniture & Bedding
16738 Harper Blvd., Madera, CA 93638, controlled by the Denied Person if such Manufacturing (‘‘Creative Furniture’’).
and when acting for or on his behalf, his service involves the use of any item The Department preliminarily
successors, assigns, employees, agents subject to the Regulations that has been determines that Comfort Coil had no
or representatives (the ‘‘Denied or will be exported from the United shipments of subject merchandise
Person’’), may not, directly or indirectly, States. For purposes of this paragraph, during the POR. The Department also
participate in any way in any servicing means installation, preliminarily determines that Creative
transaction involving any commodity, maintenance, repair, modification or Furniture did not cooperate to the best
software or technology (hereinafter testing. of its ability and is, therefore, applying
collectively referred to as ‘‘item’’) Third, after notice and opportunity for adverse facts available (‘‘AFA’’) to
exported or to be exported from the comment as provided in Section 766.23 Creative Furniture’s PRC-origin
United States that is subject to the of the Regulations, any other person, merchandise. Interested parties are
Regulations, including, but not limited firm, corporation, or business invited to comment on these
to: organization related to Salgado-Guzman preliminary results.
A. Applying for, obtaining, or using by ownership, control, position of FOR FURTHER INFORMATION CONTACT:
any license, License Exception, or responsibility, affiliation, or other Susan Pulongbarit, AD/CVD Operations,
export control document; connection in the conduct of trade or Office V, Enforcement and Compliance,
B. Carrying on negotiations business may also be made subject to International Trade Administration,
concerning, or ordering, buying, the provisions of this Order in order to Department of Commerce, 14th Street
receiving, using, selling, delivering, prevent evasion of this Order. and Constitution Avenue NW.,
storing, disposing of, forwarding, Fourth, in accordance with Part 756 of Washington, DC 20230; telephone: (202)
transporting, financing, or otherwise the Regulations, Salgado-Guzman may 482–4031.
servicing in any way, any transaction file an appeal of this Order with the SUPPLEMENTARY INFORMATION:
involving any item exported or to be Under Secretary of Commerce for
exported from the United States that is Industry and Security. The appeal must Background
subject to the Regulations, or in any be filed within 45 days from the date of On February 19, 2009, the Department
other activity subject to the Regulations; this Order and must comply with the published in the Federal Register notice
or provisions of Part 756 of the of an antidumping duty order on
C. Benefitting in any way from any Regulations. innerspring units from the PRC (‘‘the
transaction involving any item exported Fifth, a copy of this Order shall be Order’’).1 On February 28, 2014, Leggett
or to be exported from the United States delivered to the Salgado-Guzman. This & Platt, Inc. (‘‘Petitioner’’) submitted a
that is subject to the Regulations, or in Order shall be published in the Federal request for the Department to conduct
any other activity subject to the Register. an administrative review of the Order
Regulations. Sixth, this Order is effective that examines Comfort Coil’s and
Second, no person may, directly or immediately and shall remain in effect Creative Furniture’s exports of subject
indirectly, do any of the following: until May 5, 2024. merchandise made during the POR.2 On
A. Export or reexport to or on behalf Issued this 12th day of February, 2015. April 1, 2014, the Department published
of the Denied Person any item subject to Thomas Andrukonis, in the Federal Register a notice of
the Regulations; Acting Director, Office of Exporter Services. initiation of this administrative review
B. Take any action that facilitates the of the Order concerning Comfort Coil’s
[FR Doc. 2015–03590 Filed 2–20–15; 8:45 am]
acquisition or attempted acquisition by and Creative Furniture’s POR exports of
BILLING CODE P
the Denied Person of the ownership, subject merchandise.3 4
possession, or control of any item
Scope of the Order
subject to the Regulations that has been DEPARTMENT OF COMMERCE
or will be exported from the United The merchandise subject to the order
States, including financing or other International Trade Administration is uncovered innerspring units
support activities related to a
transaction whereby the Denied Person [A–570–928] 1 See Uncovered Innerspring Units from the
People’s Republic of China: Notice of Antidumping
acquires or attempts to acquire such Uncovered Innerspring Units From the Duty Order, 74 FR 7661 (February 19, 2009).
ownership, possession or control; People’s Republic of China: 2 See Request for Antidumping Administrative
C. Take any action to acquire from or Preliminary Results of Antidumping Review of the Antidumping Duty Order on
to facilitate the acquisition or attempted Uncovered Innerspring Units from the People’s
Duty Administrative Review; 2013– Republic of China, dated February 28, 2014.
acquisition from the Denied Person of
Rmajette on DSK2VPTVN1PROD with NOTICES
2014 3 See Initiation of Antidumping and
any item subject to the Regulations that Countervailing Duty Administrative Reviews and
has been exported from the United AGENCY: Enforcement and Compliance, Request for Revocation in Part, 79 FR 18262, 18272
States; International Trade Administration, (April 1, 2014) (‘‘Initiation Notice’’).
4 Comfort Coil and Creative Furniture are both
D. Obtain from the Denied Person in Department of Commerce.
located in market economy countries. As a result,
the United States any item subject to the SUMMARY: The Department of Commerce
the Department is examining each company’s
Regulations with knowledge or reason (‘‘the Department’’) is conducting an respective PRC exports of subject merchandise for
to know that the item will be, or is administrative review of the this administrative review.
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![Federal Register / Vol. 80, No. 35 / Monday, February 23, 2015 / Notices 9437
and Creative Furniture’s PRC-origin Dated: February 13, 2015. of a known size. Additionally, this form
merchandise. Paul Piquado, will help collect data on potential
Assistant Secretary for Enforcement and marine debris resulting from the March
Cash Deposit Requirements Compliance. 2011 Japan tsunami in order to better
The following cash deposit model movement of the debris as well
Appendix
requirements will be effective upon as prepare (as needed) for continued
List of Topics Discussed in the Preliminary debris arrival to areas around the
publication of the final results of this Decision Memorandum Pacific. This form may additionally be
administrative review for shipments of
1. Summary used to collect data on floating marine
the subject merchandise from the PRC 2. Background debris in any water body.
entered, or withdrawn from warehouse, 3. Scope of the Order Affected Public: Individuals or
for consumption on or after the 4. Preliminary Determination of No households; not-for-profit institutions;
publication date, as provided by section Shipments business or other for-profit
751(a)(2)(C) of the Act: (1) For Comfort 5. Facts Otherwise Available
6. Adverse Facts Available
organizations.
Coil, which claimed no shipments, the Frequency: On occasion.
7. Corroboration
Department has not established a cash Respondent’s Obligation: Voluntary.
8. Recommendation
deposit rate in this administrative This information collection request
[FR Doc. 2015–03613 Filed 2–20–15; 8:45 am]
review, for Creative Furniture, the cash may be viewed at reginfo.gov. Follow
BILLING CODE 3510–DS–P
deposit rate will be that established in the instructions to view Department of
the final results of this review (except, Commerce collections currently under
if the rate is zero or de minimis, then review by OMB.
DEPARTMENT OF COMMERCE
zero cash deposit will be required) and Written comments and
the Department will collect cash National Oceanic and Atmospheric recommendations for the proposed
deposits only on Comfort Coil’s and Administration information collection should be sent
Creative Furniture’s PRC-origin within 30 days of publication of this
merchandise; (2) for previously Submission for OMB Review; notice to OIRA_Submission@
investigated or reviewed PRC and non- Comment Request omb.eop.gov or fax to (202) 395–5806.
PRC exporters not listed above that The Department of Commerce will Dated: February 17, 2015.
received a separate rate in a prior submit to the Office of Management and Sarah Brabson,
segment of this proceeding, the cash Budget (OMB) for clearance the NOAA PRA Clearance Officer.
deposit rate will continue to be the following proposal for collection of [FR Doc. 2015–03536 Filed 2–20–15; 8:45 am]
existing exporter-specific rate published information under the provisions of the BILLING CODE 3510–JE–P
for the most recently completed period; Paperwork Reduction Act (44 U.S.C.
(3) for all PRC exporters of subject chapter 35).
merchandise that have not been found Agency: National Oceanic and DEPARTMENT OF COMMERCE
to be entitled to a separate rate, the cash Atmospheric Administration (NOAA).
Title: Shipboard Observation Form for National Oceanic and Atmospheric
deposit rate will be the PRC-wide rate
Floating Marine Debris. Administration
of 234.51 percent; and (4) for all non-
PRC exporters of subject merchandise OMB Control Number: 0648–0644.
Form Number(s): None. Submission for OMB Review;
which have not received their own rate, Comment Request
the cash deposit rate will be the rate Type of Request: Regular (extension of
applicable to the PRC exporter that a currently approved information The Department of Commerce will
collection). submit to the Office of Management and
supplied that non-PRC exporter. These
Number of Respondents: 20. Budget (OMB) for clearance the
deposit requirements, when imposed, Average Hours Per Response: 30
shall remain in effect until further following proposal for collection of
minutes. information under the provisions of the
notice. Burden Hours: 10. Paperwork Reduction Act (44 U.S.C.
Notification to Importers Needs and Uses: This request is for chapter 35).
extension of a currently approved Agency: National Oceanic and
This notice also serves as a information collection. Atmospheric Administration (NOAA).
preliminary reminder to importers of This data collection project will be Title: Coral Reef Conservation
their responsibility under 19 CFR coordinated by the NOAA Marine Program Administration.
351.402(f)(2) to file a certificate Debris Program, and involve OMB Control Number: 0648–0448.
regarding the reimbursement of recreational and commercial vessels Form Number(s): None.
antidumping duties prior to liquidation (respondents), shipboard observers Type of Request: Regular (extension of
of the relevant entries during this (respondents), NGOs (respondents) as a currently approved information
review period. Failure to comply with well as numerous experts on marine collection).
this requirement could result in the debris observations at sea. The Number of Respondents: 35.
Department’s presumption that Shipboard Observation Form for Average Hours Per Response: 2.
Floating Marine Debris was created Burden Hours: 70.
reimbursement of antidumping duties
based on methods used in studies of Needs and Uses: This request is for
Rmajette on DSK2VPTVN1PROD with NOTICES
occurred and the subsequent assessment
floating marine debris by established extension of a currently approved
of double antidumping duties.
researchers, previous shipboard information collection.
We are issuing and publishing these observational studies conducted at sea The Coral Reef Conservation Act of
results in accordance with sections by NOAA, and the experience and input 2000 (Act) was enacted to provide a
751(a)(1) and 777(i)(1) of the Act and 19 of recreational sailors. The goal of this framework for conserving coral reefs.
CFR 351.213. form is to be able to calculate the The Coral Reef Conservation Grant
density of marine debris within an area Program, under the Act, provides funds
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Document Created: 2015-12-18 13:28:20
Document Modified: 2015-12-18 13:28:20
| 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, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4031. | |
| FR Citation | 80 FR 9435 |
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