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)

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.

[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