81_FR_12735 81 FR 12688 - Uncovered Innerspring Units From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review; 2014-2015

81 FR 12688 - Uncovered Innerspring Units From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review; 2014-2015

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 47 (March 10, 2016)

Page Range12688-12690
FR Document2016-05404

The Department of Commerce (the ``Department'') is conducting an administrative review of the antidumping duty order on uncovered innerspring units from the People's Republic of China (``PRC''), for the period of review (``POR''), February 1, 2014, to January 31, 2015. The Department preliminarily determines that Macao Commercial and Industrial Spring Mattress Manufacturer (``Macao Commercial'') had no reviewable shipments of subject merchandise during the POR. We also preliminarily determine that East Grace Corporation (``East Grace'') has not established its entitlement to separate rate status and, therefore, is being treated as part of the PRC-wide entity. Interested parties are invited to comment on these preliminary results.

Federal Register, Volume 81 Issue 47 (Thursday, March 10, 2016)
[Federal Register Volume 81, Number 47 (Thursday, March 10, 2016)]
[Notices]
[Pages 12688-12690]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05404]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-928]


Uncovered Innerspring Units From the People's Republic of China: 
Preliminary Results of the Antidumping Duty Administrative Review; 
2014-2015

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 from the People's Republic of China (``PRC''), for 
the period of review (``POR''), February 1, 2014, to January 31, 2015. 
The Department preliminarily determines that Macao Commercial and 
Industrial Spring Mattress Manufacturer (``Macao Commercial'') had no 
reviewable shipments of subject merchandise during the POR. We also 
preliminarily determine that East Grace Corporation (``East Grace'') 
has not established its entitlement to separate rate status and, 
therefore, is being treated as part of the PRC-wide entity. Interested 
parties are invited to comment on these preliminary results.

DATES: Effective Date: March 10, 2016.

FOR FURTHER INFORMATION CONTACT: Kenneth Hawkins, 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) 482-6491.

SUPPLEMENTARY INFORMATION:

Background

    On February 19, 2009, the Department published in the Federal 
Register an antidumping duty order on uncovered innerspring units from 
the PRC.\1\ On June 30, 2014, the Department received a request from 
Petitioner \2\ to conduct an administrative review of East Grace and 
Macao Commercial.\3\ On April 3, 2015, the Department initiated this 
review based on Petitioner's review request.\4\ On May 11, 2015, the 
Department issued its standard antidumping duty questionnaires to East 
Grace and Macao Commercial.\5\ Macao Commercial provided timely 
responses to the Department's initial and supplemental questionnaires. 
East Grace did not respond to the Department's standard questionnaire 
and has not participated in this proceeding.
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    \1\ See Notice of Antidumping Duty Order: Uncovered Innerspring 
Units from the People's Republic of China, 74 FR 7661 (February 19, 
2009) (``Order'').
    \2\ The Petitioner is Leggett & Platt Inc. (hereinafter 
``Petitioner'').
    \3\ See Request for Antidumping Administrative Review of the 
Antidumping Duty Order on Uncovered Innerspring Units from the 
People's Republic of China, dated February 27, 2015.
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 80 FR 18202 (April 3, 2015) (``Initiation 
Notice''). We note that the Initiation Notice appeared to identify 
``Macao Commercial'' and ``Industrial Spring Mattress Manufacturer'' 
as two separate companies. However, the name of the single company 
for which a review was requested was actually ``Macao Commercial and 
Industrial Spring Mattress Manufacturer,'' and we clarify now that 
this is the correct name of the company under review.
    \5\ See Letter to East Grace Corporation, dated May 11, 2015, 
and Letter to Macao Commercial and Industrial Spring Mattress 
Manufacturer, dated May 11, 2015.
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Scope of the 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. Uncovered 
innersprings are classified under subheading 9404.29.9010 and have also 
been classified under subheadings 9404.10.0000, 9404.29.9005, 
9404.29.9011, 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 description of the scope of the order is 
dispositive.\6\
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    \6\ For a full description of the scope of the Order, see 
Decision Memorandum from Christian Marsh, Deputy Assistant Secretary 
for Antidumping and Countervailing Duty Operations, to Paul Piquado, 
Assistant Secretary for Enforcement and Compliance, entitled 
``Preliminary Results of 2014-2015 Antidumping Duty Administrative 
Review: Uncovered Innerspring Units from the People's Republic of 
China'' (``Preliminary Decision Memorandum''), issued concurrently 
with and adopted by this notice.

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[[Page 12689]]

Methodology

    The Department conducted this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). For a 
full description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum.\7\ 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, a complete version of the Preliminary Decision Memorandum 
can be accessed directly on the internet at http://www.trade.gov/enforcement/. The signed Preliminary Decision Memorandum and the 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.
---------------------------------------------------------------------------

    \7\ A list of topics discussed in the Preliminary Decision 
Memorandum is provided at Appendix I to this notice.
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Preliminary Determination of No Shipments

    In its certified response to the Department's standard antidumping 
duty questionnaire, Macao Commercial stated that it had no shipments of 
PRC origin innersprings to the United States during the POR. Between 
June 6, 2015 and December 24, 2015, the Department issued supplemental 
questionnaires to Macao Commercial to verify this no shipments claim. 
Additionally, to corroborate Macao Commercial'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 Macao Commercial's claim of no shipments. Thus, the 
Department preliminarily determines that Macao Commercial had no 
shipments of innerspring units of PRC origin to the United States 
during the POR and, therefore, had no reviewable entries.\8\ In 
addition, consistent with the Department's practice in nonmarket 
economy 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 Macao Commercial and issue 
appropriate instructions to CBP based on the final results of the 
review.\9\
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    \8\ For more detail see Preliminary Decision Memorandum.
    \9\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011).
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Companies That Did Not Establish Their Eligibility for a Separate Rate

    In our Initiation Notice, we stated, ``{f{time} or exporters and 
producers who submit a separate-rate status application or 
certification and subsequently are selected as mandatory respondents, 
these exporters and producers will no longer be eligible for separate 
rate status unless they respond to all parts of the questionnaire as 
mandatory respondents.''[hairsp]\10\ East Grace was selected as a 
mandatory respondent in the instant review, but East Grace failed to 
respond to the Department's antidumping duty questionnaire, and East 
Grace did not submit a no-shipments certification. Therefore, we 
preliminarily find that East Grace is no longer eligible for separate 
rate status and that the PRC-wide entity includes East Grace.\11\
---------------------------------------------------------------------------

    \10\ See Initiation Notice, 80 FR at 18203.
    \11\ See section 776(b) of the Act.
---------------------------------------------------------------------------

    We also note that the Department's change in policy \12\ regarding 
conditional review of the PRC-wide entity applies to this 
administrative review.\13\ Under this policy, the PRC-wide entity will 
not be under review unless a party specifically requests, or the 
Department self-initiates, a review of the entity. Because no party 
requested a review of the PRC-wide entity in this review, the PRC-wide 
entity is not under review and therefore its rate is not subject to 
change. The rate previously established for the PRC-wide entity in this 
proceeding is 234.51 percent.
---------------------------------------------------------------------------

    \12\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \13\ Under this policy, the PRC-wide entity will not be under 
review unless a party specifically requests, or the Department self-
initiates, a review of the entity. Because no party requested a 
review of the PRC-wide entity in this review, the entity is not 
under review.
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Public Comment and Opportunity To Request a Hearing \14\

    Interested parties may submit case briefs within 30 days after the 
date of publication of these preliminary results of review.\15\ 
Rebuttals to case briefs, which must be limited to issues raised in the 
case briefs, must be filed within five days after the time limit for 
filing case briefs.\16\ Parties who submit arguments 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.\17\ Parties 
submitting briefs should do so pursuant to the Department's electronic 
filing system, ACCESS.
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    \14\ Normally, the Department discloses to interested parties 
the calculations performed in connection with a preliminary results 
result of review within five days of the date of publication of the 
notice of preliminary results in the Federal Register, in accordance 
with 19 CFR 351.224(b). However, because the Department has 
preliminarily determined that East Grace is ineligible for a 
separate rate and that Macao Commercial had no shipments during the 
POR, there are no calculations to disclose.
    \15\ See 19 CFR 351.309(c)(1)(ii).
    \16\ See 19 CFR 351.309(d).
    \17\ See 19 CFR 351.309(c)(2), (d)(2).
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    Any interested party may request a hearing within 30 days of 
publication of this notice.\18\ Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations will be limited to issues raised in 
the briefs.\19\ If a request for a hearing is made, parties will be 
notified of the time and date for the hearing to be held at the U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230.\20\
---------------------------------------------------------------------------

    \18\ See 19 CFR 351.310(c).
    \19\ Id.
    \20\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    The Department intends to issue the final results of this 
administrative review, which will include the results of our analysis 
of any issues raised in case briefs, within 120 days of publication of 
these preliminary results in the Federal Register, unless extended, 
pursuant to section 751(a)(3)(A) of the Act.

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.\21\ The Department intends to issue assessment 
instructions to CBP 15 days after the publication date of the final 
results of this review. We intend to instruct CBP to liquidate relevant 
entries from the PRC-wide entity (including East Grace) at the current 
rate for the PRC-wide entity (i.e., 234.51 percent). For Macao 
Commercial, which we preliminarily find had no shipments during the 
POR, we intend to instruct CBP to liquidate any suspended entries of 
subject merchandise that entered under that exporter's case number 
(i.e.,

[[Page 12690]]

at that exporter's rate) at the PRC-wide rate.\22\
---------------------------------------------------------------------------

    \21\ See 19 CFR 351.212(b).
    \22\ Id.
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this 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 
sections 751(a)(2)(C) of the Act: (1) For any companies listed that 
have a separate rate, 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); (2) for previously 
investigated or reviewed PRC and non-PRC exporters not listed 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; (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 that for the PRC-wide entity; 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 the POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    These preliminary results are being issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.221(b)(4).

    Dated: March 2, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

    List of Topics Discussed in the Preliminary Decision Memorandum:

1. Summary
2. Case History
3. Scope of the Order
4. Discussion of the Methodology
    a. Non-Market Economy Status
    b. Companies that Did Not Establish Their Eligibility for a 
Separate Rate
    c. Preliminary Determination of No Shipments
5. Recommendation

[FR Doc. 2016-05404 Filed 3-9-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                  12688                        Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Notices

                                                  China (the PRC)); AD/CVD Operations,                      This notice is issued and published                 a request from Petitioner 2 to conduct an
                                                  Enforcement and Compliance,                             pursuant to section 733(c)(2) of the Act              administrative review of East Grace and
                                                  International Trade Administration,                     and 19 CFR 351.205(f)(1).                             Macao Commercial.3 On April 3, 2015,
                                                  U.S. Department of Commerce, 14th                         Dated: March 2, 2016.                               the Department initiated this review
                                                  Street and Constitution Avenue NW.,                     Paul Piquado,                                         based on Petitioner’s review request.4
                                                  Washington, DC 20230.                                                                                         On May 11, 2015, the Department
                                                                                                          Assistant Secretary for Enforcement and
                                                  SUPPLEMENTARY INFORMATION:                              Compliance.                                           issued its standard antidumping duty
                                                  Background                                              [FR Doc. 2016–05448 Filed 3–9–16; 8:45 am]
                                                                                                                                                                questionnaires to East Grace and Macao
                                                                                                          BILLING CODE 3510–DS–P
                                                                                                                                                                Commercial.5 Macao Commercial
                                                     On November 25, 2015, the                                                                                  provided timely responses to the
                                                  Department of Commerce (Department)                                                                           Department’s initial and supplemental
                                                  initiated antidumping duty                                                                                    questionnaires. East Grace did not
                                                  investigations on certain iron                          DEPARTMENT OF COMMERCE
                                                                                                                                                                respond to the Department’s standard
                                                  mechanical transfer drive components                    International Trade Administration                    questionnaire and has not participated
                                                  from Canada and the PRC.1 Section
                                                                                                                                                                in this proceeding.
                                                  733(b)(1)(A) of the Tariff Act of 1930, as              [A–570–928]
                                                  amended (the Act), and 19 CFR                                                                                 Scope of the Order
                                                  351.205(b)(1) state the Department will                 Uncovered Innerspring Units From the
                                                  make a preliminary determination no                     People’s Republic of China:                              The merchandise subject to the order
                                                  later than 140 days after the date of the               Preliminary Results of the                            is uncovered innerspring units
                                                  initiation. The current deadline for the                Antidumping Duty Administrative                       composed of a series of individual metal
                                                  preliminary determinations of these                     Review; 2014–2015                                     springs joined together in sizes
                                                  investigations is no later than April 11,                                                                     corresponding to the sizes of adult
                                                                                                          AGENCY:   Enforcement and Compliance,
                                                  2016.2                                                                                                        mattresses (e.g., twin, twin long, full,
                                                                                                          International Trade Administration,
                                                                                                                                                                full long, queen, California king and
                                                  Postponement of Preliminary                             Department of Commerce.
                                                                                                                                                                king) and units used in smaller
                                                  Determinations                                          SUMMARY: The Department of Commerce
                                                                                                                                                                constructions, such as crib and youth
                                                     On February 19, 2016, TB Woods                       (the ‘‘Department’’) is conducting an                 mattresses. Uncovered innersprings are
                                                  Incorporated (Petitioner) made a timely                 administrative review of the                          classified under subheading
                                                  request, pursuant to 19 CFR 351.205(e),                 antidumping duty order on uncovered                   9404.29.9010 and have also been
                                                  for postponement of the preliminary                     innerspring units from the People’s                   classified under subheadings
                                                  determinations, in order to provide the                 Republic of China (‘‘PRC’’), for the
                                                                                                                                                                9404.10.0000, 9404.29.9005,
                                                  Department with sufficient time to                      period of review (‘‘POR’’), February 1,
                                                                                                                                                                9404.29.9011, 7326.20.0070,
                                                  develop the record in these proceedings                 2014, to January 31, 2015. The
                                                                                                                                                                7320.20.5010, 7320.90.5010, or
                                                  through additional questionnaires,                      Department preliminarily determines
                                                                                                                                                                7326.20.0071 of the Harmonized Tariff
                                                  which Petitioner will in turn need time                 that Macao Commercial and Industrial
                                                                                                                                                                Schedule of the United States
                                                  to analyze and possibly comment on.                     Spring Mattress Manufacturer (‘‘Macao
                                                                                                                                                                (‘‘HTSUS’’). The HTSUS subheadings
                                                  Because there are no compelling reasons                 Commercial’’) had no reviewable
                                                                                                                                                                are provided for convenience and
                                                  to deny Petitioner’s request, in                        shipments of subject merchandise
                                                                                                                                                                customs purposes only; the written
                                                  accordance with section 733(c)(1)(A) of                 during the POR. We also preliminarily
                                                                                                                                                                description of the scope of the order is
                                                  the Act, the Department is postponing                   determine that East Grace Corporation
                                                                                                                                                                dispositive.6
                                                  the deadline for the preliminary                        (‘‘East Grace’’) has not established its
                                                  determinations by 50 days.                              entitlement to separate rate status and,
                                                                                                                                                                   2 The Petitioner is Leggett & Platt Inc. (hereinafter
                                                     For the reasons stated above, the                    therefore, is being treated as part of the            ‘‘Petitioner’’).
                                                  Department, in accordance with section                  PRC-wide entity. Interested parties are                  3 See Request for Antidumping Administrative
                                                  733(c)(1)(A) of the Act, is postponing                  invited to comment on these                           Review of the Antidumping Duty Order on
                                                  the deadline for the preliminary                        preliminary results.                                  Uncovered Innerspring Units from the People’s
                                                  determinations to no later than 190 days                                                                      Republic of China, dated February 27, 2015.
                                                                                                          DATES: Effective Date: March 10, 2016.                   4 See Initiation of Antidumping and
                                                  after the date on which the Department                  FOR FURTHER INFORMATION CONTACT:                      Countervailing Duty Administrative Reviews, 80 FR
                                                  initiated these investigations. Therefore,              Kenneth Hawkins, AD/CVD Operations,                   18202 (April 3, 2015) (‘‘Initiation Notice’’). We note
                                                  the new deadline for the preliminary                    Office V, Enforcement and Compliance,                 that the Initiation Notice appeared to identify
                                                  determinations is May 31, 2016. In                                                                            ‘‘Macao Commercial’’ and ‘‘Industrial Spring
                                                                                                          International Trade Administration,                   Mattress Manufacturer’’ as two separate companies.
                                                  accordance with section 735(a)(1) of the                Department of Commerce, 14th Street                   However, the name of the single company for which
                                                  Act, the deadline for the final                         and Constitution Avenue NW.,                          a review was requested was actually ‘‘Macao
                                                  determinations of these investigations                  Washington, DC 20230; telephone: (202)                Commercial and Industrial Spring Mattress
                                                  will continue to be 75 days after the                                                                         Manufacturer,’’ and we clarify now that this is the
                                                                                                          482–6491.                                             correct name of the company under review.
                                                  date of the preliminary determinations,
                                                                                                          SUPPLEMENTARY INFORMATION:                               5 See Letter to East Grace Corporation, dated May
                                                  unless postponed at a later date.                                                                             11, 2015, and Letter to Macao Commercial and
                                                                                                          Background                                            Industrial Spring Mattress Manufacturer, dated May
                                                    1 See  Certain Iron Mechanical Transfer Drive                                                               11, 2015.
                                                  Components from Canada and the People’s                   On February 19, 2009, the Department                   6 For a full description of the scope of the Order,
                                                  Republic of China: Initiation of Less-Than-Fair-        published in the Federal Register an                  see Decision Memorandum from Christian Marsh,
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  Investigations, 80 FR 73716 (November 25, 2015).        antidumping duty order on uncovered                   Deputy Assistant Secretary for Antidumping and
                                                    2 The current deadline of April 11, 2016, accounts                                                          Countervailing Duty Operations, to Paul Piquado,
                                                                                                          innerspring units from the PRC.1 On
                                                  for the four-day tolling of deadlines pursuant to                                                             Assistant Secretary for Enforcement and
                                                  inclement weather in January 2016. See January 27,      June 30, 2014, the Department received                Compliance, entitled ‘‘Preliminary Results of 2014–
                                                  2016, Memorandum to the Record from Ron                                                                       2015 Antidumping Duty Administrative Review:
                                                  Lorentzen, Acting Assistant Secretary for                  1 See Notice of Antidumping Duty Order:            Uncovered Innerspring Units from the People’s
                                                  Enforcement and Compliance, entitled ‘‘Tolling of       Uncovered Innerspring Units from the People’s         Republic of China’’ (‘‘Preliminary Decision
                                                  Administrative Deadlines as a Result of the             Republic of China, 74 FR 7661 (February 19, 2009)     Memorandum’’), issued concurrently with and
                                                  Government Closure during Snowstorm ‘Jonas’.’’          (‘‘Order’’).                                          adopted by this notice.



                                             VerDate Sep<11>2014   17:55 Mar 09, 2016   Jkt 238001   PO 00000   Frm 00009   Fmt 4703   Sfmt 4703   E:\FR\FM\10MRN1.SGM   10MRN1


                                                                               Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Notices                                                     12689

                                                  Methodology                                             appropriate instructions to CBP based                   publication of these preliminary results
                                                                                                          on the final results of the review.9                    of review.15 Rebuttals to case briefs,
                                                     The Department conducted this                                                                                which must be limited to issues raised
                                                  review in accordance with section                       Companies That Did Not Establish
                                                                                                          Their Eligibility for a Separate Rate                   in the case briefs, must be filed within
                                                  751(a)(1)(B) of the Tariff Act of 1930, as                                                                      five days after the time limit for filing
                                                  amended (the Act). For a full                              In our Initiation Notice, we stated,                 case briefs.16 Parties who submit
                                                  description of the methodology                          ‘‘{f}or exporters and producers who                     arguments are requested to submit with
                                                  underlying our conclusions, see the                     submit a separate-rate status application               the argument (a) a statement of the
                                                  Preliminary Decision Memorandum.7                       or certification and subsequently are                   issue, (b) a brief summary of the
                                                  The Preliminary Decision Memorandum                     selected as mandatory respondents,                      argument, and (c) a table of
                                                  is a public document and is on file                     these exporters and producers will no                   authorities.17 Parties submitting briefs
                                                  electronically via Enforcement and                      longer be eligible for separate rate status             should do so pursuant to the
                                                  Compliance’s Antidumping and                            unless they respond to all parts of the                 Department’s electronic filing system,
                                                  Countervailing Duty Centralized                         questionnaire as mandatory                              ACCESS.
                                                  Electronic Service System (‘‘ACCESS’’).                 respondents.’’ 10 East Grace was selected
                                                                                                          as a mandatory respondent in the                           Any interested party may request a
                                                  ACCESS is available to registered users                                                                         hearing within 30 days of publication of
                                                  at http://access.trade.gov, and is                      instant review, but East Grace failed to
                                                                                                          respond to the Department’s                             this notice.18 Hearing requests should
                                                  available to all parties in the Central                                                                         contain the following information: (1)
                                                  Records Unit, room B8024 of the main                    antidumping duty questionnaire, and
                                                                                                          East Grace did not submit a no-                         The party’s name, address, and
                                                  Department of Commerce building. In                                                                             telephone number; (2) the number of
                                                                                                          shipments certification. Therefore, we
                                                  addition, a complete version of the                                                                             participants; and (3) a list of the issues
                                                                                                          preliminarily find that East Grace is no
                                                  Preliminary Decision Memorandum can                                                                             to be discussed. Oral presentations will
                                                                                                          longer eligible for separate rate status
                                                  be accessed directly on the internet at                 and that the PRC-wide entity includes                   be limited to issues raised in the
                                                  http://www.trade.gov/enforcement/. The                  East Grace.11                                           briefs.19 If a request for a hearing is
                                                  signed Preliminary Decision                                We also note that the Department’s                   made, parties will be notified of the
                                                  Memorandum and the electronic                           change in policy 12 regarding                           time and date for the hearing to be held
                                                  versions of the Preliminary Decision                    conditional review of the PRC-wide                      at the U.S. Department of Commerce,
                                                  Memorandum are identical in content.                    entity applies to this administrative                   14th Street and Constitution Avenue
                                                  Preliminary Determination of No                         review.13 Under this policy, the PRC-                   NW., Washington, DC 20230.20
                                                  Shipments                                               wide entity will not be under review                       The Department intends to issue the
                                                                                                          unless a party specifically requests, or                final results of this administrative
                                                     In its certified response to the                     the Department self-initiates, a review of              review, which will include the results of
                                                  Department’s standard antidumping                       the entity. Because no party requested a                our analysis of any issues raised in case
                                                  duty questionnaire, Macao Commercial                    review of the PRC-wide entity in this                   briefs, within 120 days of publication of
                                                  stated that it had no shipments of PRC                  review, the PRC-wide entity is not                      these preliminary results in the Federal
                                                  origin innersprings to the United States                under review and therefore its rate is                  Register, unless extended, pursuant to
                                                  during the POR. Between June 6, 2015                    not subject to change. The rate
                                                                                                                                                                  section 751(a)(3)(A) of the Act.
                                                  and December 24, 2015, the Department                   previously established for the PRC-wide
                                                  issued supplemental questionnaires to                   entity in this proceeding is 234.51                     Assessment Rates
                                                  Macao Commercial to verify this no                      percent.
                                                                                                                                                                     Upon issuance of the final results, the
                                                  shipments claim. Additionally, to                       Public Comment and Opportunity To                       Department will determine, and CBP
                                                  corroborate Macao Commercial’s no                       Request a Hearing 14                                    shall assess, antidumping duties on all
                                                  shipments claim, the Department
                                                                                                            Interested parties may submit case                    appropriate entries covered by this
                                                  submitted a formal query to U.S.
                                                                                                          briefs within 30 days after the date of                 review.21 The Department intends to
                                                  Customs & Border Protection (‘‘CBP’’),                                                                          issue assessment instructions to CBP 15
                                                  the results of which did not provide any                  9 See Non-Market Economy Antidumping
                                                                                                                                                                  days after the publication date of the
                                                  evidence that contradicts Macao                         Proceedings: Assessment of Antidumping Duties, 76       final results of this review. We intend to
                                                  Commercial’s claim of no shipments.                     FR 65694, 65694–95 (October 24, 2011).
                                                                                                                                                                  instruct CBP to liquidate relevant
                                                                                                            10 See Initiation Notice, 80 FR at 18203.
                                                  Thus, the Department preliminarily                                                                              entries from the PRC-wide entity
                                                                                                            11 See section 776(b) of the Act.
                                                  determines that Macao Commercial had                      12 See Antidumping Proceedings: Announcement          (including East Grace) at the current rate
                                                  no shipments of innerspring units of                    of Change in Department Practice for Respondent         for the PRC-wide entity (i.e., 234.51
                                                  PRC origin to the United States during                  Selection in Antidumping Duty Proceedings and           percent). For Macao Commercial, which
                                                  the POR and, therefore, had no                          Conditional Review of the Nonmarket Economy
                                                                                                          Entity in NME Antidumping Duty Proceedings, 78          we preliminarily find had no shipments
                                                  reviewable entries.8 In addition,                       FR 65963 (November 4, 2013).                            during the POR, we intend to instruct
                                                  consistent with the Department’s                          13 Under this policy, the PRC-wide entity will not
                                                                                                                                                                  CBP to liquidate any suspended entries
                                                  practice in nonmarket economy cases,                    be under review unless a party specifically requests,   of subject merchandise that entered
                                                  the Department finds that it is                         or the Department self-initiates, a review of the
                                                                                                          entity. Because no party requested a review of the      under that exporter’s case number (i.e.,
                                                  appropriate not to rescind the review, in               PRC-wide entity in this review, the entity is not
                                                  part, in these circumstances, but rather                under review.
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                                                                                                                                                                  shipments during the POR, there are no calculations
                                                  to complete the review with respect to                    14 Normally, the Department discloses to
                                                                                                                                                                  to disclose.
                                                  Macao Commercial and issue                              interested parties the calculations performed in          15 See 19 CFR 351.309(c)(1)(ii).
                                                                                                          connection with a preliminary results result of           16 See 19 CFR 351.309(d).
                                                                                                          review within five days of the date of publication        17 See 19 CFR 351.309(c)(2), (d)(2).
                                                    7 A list of topics discussed in the Preliminary
                                                                                                          of the notice of preliminary results in the Federal       18 See 19 CFR 351.310(c).
                                                  Decision Memorandum is provided at Appendix I           Register, in accordance with 19 CFR 351.224(b).
                                                                                                                                                                    19 Id.
                                                  to this notice.                                         However, because the Department has preliminarily
                                                    8 For more detail see Preliminary Decision                                                                      20 See 19 CFR 351.310(d).
                                                                                                          determined that East Grace is ineligible for a
                                                  Memorandum.                                             separate rate and that Macao Commercial had no            21 See 19 CFR 351.212(b).




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                                                  12690                        Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Notices

                                                  at that exporter’s rate) at the PRC-wide                4. Discussion of the Methodology                      Scope of the Order
                                                  rate.22                                                    a. Non-Market Economy Status
                                                                                                             b. Companies that Did Not Establish Their            Imports covered by the order are
                                                  Cash Deposit Requirements                                     Eligibility for a Separate Rate                 shipments of certain non-egg dry pasta.
                                                                                                             c. Preliminary Determination of No                 The merchandise subject to review is
                                                     The following cash deposit
                                                                                                                Shipments                                       currently classifiable under items
                                                  requirements will be effective upon
                                                                                                          5. Recommendation                                     1901.90.90.95 and 1902.19.20 of the
                                                  publication of the final results of this
                                                                                                                                                                Harmonized Tariff Schedule of the
                                                  review for shipments of the subject                     [FR Doc. 2016–05404 Filed 3–9–16; 8:45 am]
                                                                                                                                                                United States (HTSUS). Although the
                                                  merchandise from the PRC entered, or                    BILLING CODE 3510–DS–P
                                                                                                                                                                HTSUS subheadings are provided for
                                                  withdrawn from warehouse, for
                                                                                                                                                                convenience and customs purposes, the
                                                  consumption on or after the publication
                                                                                                          DEPARTMENT OF COMMERCE                                written description of the merchandise
                                                  date, as provided by sections
                                                                                                                                                                subject to the order is dispositive.4
                                                  751(a)(2)(C) of the Act: (1) For any
                                                  companies listed that have a separate                   International Trade Administration                    Ministerial Errors
                                                  rate, the cash deposit rate will be that                                                                         Section 751(b) of the Tariff Act of
                                                  established in the final results of this                [A–475–818]                                           1930, as amended (‘‘the Act’’), and 19
                                                  review (except, if the rate is zero or de                                                                     CFR 351.224(f) defines a ministerial
                                                  minimis, then zero cash deposit will be                 Certain Pasta From Italy: Amended
                                                                                                                                                                error as an error ‘‘in addition,
                                                  required); (2) for previously investigated              Final Results of Antidumping Duty
                                                                                                                                                                subtraction, or other arithmetic
                                                  or reviewed PRC and non-PRC exporters                   Administrative Review; 2013–2014
                                                                                                                                                                function, clerical errors resulting from
                                                  not listed that received a separate rate                                                                      inaccurate copying, duplication, or the
                                                                                                          AGENCY:   Enforcement and Compliance,
                                                  in a prior segment of this proceeding,                                                                        like, and any other type of unintentional
                                                                                                          International Trade Administration,
                                                  the cash deposit rate will continue to be                                                                     error which {the Department} considers
                                                                                                          Department of Commerce.
                                                  the existing exporter-specific rate; (3) for                                                                  ministerial.’’ We analyzed La Molisana’s
                                                                                                          SUMMARY: The Department of Commerce
                                                  all PRC exporters of subject                                                                                  ministerial error comments and
                                                                                                          (the Department) is amending the Final
                                                  merchandise that have not been found                                                                          determined, in accordance with section
                                                                                                          Results 1 of the antidumping duty
                                                  to be entitled to a separate rate, the cash                                                                   751(h) of the Act and 19 CFR 351.224(e),
                                                                                                          administrative review of certain pasta
                                                  deposit rate will be that for the PRC-                                                                        that there was a ministerial error in our
                                                                                                          (pasta) from Italy to correct a ministerial
                                                  wide entity; and (4) for all non-PRC                                                                          margin calculation for La Molisana for
                                                                                                          error. The period of review (POR) is July
                                                  exporters of subject merchandise which                                                                        the Final Results. For a complete
                                                                                                          1, 2013, through June 30, 2014.
                                                  have not received their own rate, the                                                                         discussion of the alleged error, see the
                                                  cash deposit rate will be the rate                      DATES: Effective March 10, 2016.
                                                                                                                                                                Department’s Ministerial Error
                                                  applicable to the PRC exporter that                     FOR FURTHER INFORMATION CONTACT: Joy                  Memorandum.5
                                                  supplied that non-PRC exporter. These                   Zhang, AD/CVD Operations, Office III,                    In accordance with section 751(h) of
                                                  deposit requirements, when imposed,                     Enforcement and Compliance,                           the Act and 19 CFR 351.224(e), we are
                                                  shall remain in effect until further                    International Trade Administration,                   amending the Final Results.
                                                  notice.                                                 U.S. Department of Commerce, 14th                     Specifically, we are amending the
                                                                                                          Street and Constitution Avenue NW.,                   weighted-average dumping margin for
                                                  Notification to Importers
                                                                                                          Washington, DC 20230; telephone: (202)                La Molisana as well as for the
                                                     This notice also serves as a                         482–1168.                                             companies that were not selected for
                                                  preliminary reminder to importers of                    SUPPLEMENTARY INFORMATION:                            individual examination, who were
                                                  their responsibility under 19 CFR                                                                             assigned the rate determined for La
                                                  351.402(f)(2) to file a certificate                     Background
                                                                                                                                                                Molisana.6 The revised weighted-
                                                  regarding the reimbursement of                             On February 10, 2016, the Department               average dumping margins for the
                                                  antidumping duties prior to liquidation                 disclosed to interested parties its                   affected companies are detailed below.
                                                  of the relevant entries during the POR.                 calculations for the Final Results.2 On
                                                  Failure to comply with this requirement                                                                       Amended Final Results
                                                                                                          February 17, 2016, the Department
                                                  could result in the Department’s                        received a timely filed ministerial error               As a result of correcting for the
                                                  presumption that reimbursement of                       allegation from La Molisana, S.p.A. (La               ministerial error, we determined the
                                                  antidumping duties occurred and the                     Molisana) regarding the Department’s                  following amended weighted-average
                                                  subsequent assessment of double                         final margin calculation.3                            dumping margins 7 for the period July 1,
                                                  antidumping duties.                                                                                           2013, through June 30, 2014:
                                                     These preliminary results are being                  Period of Review
                                                  issued and published in accordance                        The POR covered by this review is                      4 For a full description of the scope of the order,

                                                  with sections 751(a)(1) and 777(i)(1) of                July 1, 2013, through June 30, 2014.                  see the ‘‘Issues and Decision Memorandum for the
                                                  the Act and 19 CFR 351.221(b)(4).                                                                             Final Results of Antidumping Duty Administrative
                                                                                                                                                                Review and Partial Rescission: Certain Pasta from
                                                    Dated: March 2, 2016.                                    1 See Certain Pasta From Italy: Final Results of   Italy; 2013–2014’’ from Christian Marsh, Deputy
                                                  Paul Piquado,                                           Antidumping Duty Administrative Review; 2013–         Assistant Secretary for Antidumping and
                                                                                                          2014, 81 FR 8043 (February 17, 2016) (Final           Countervailing Duty Operations, to Paul Piquado,
                                                  Assistant Secretary for Enforcement and                                                                       Assistant Secretary for Enforcement and
                                                                                                          Results).
                                                  Compliance.                                                2 See Memorandum to Eric Greynolds, Program        Compliance, dated February 9, 2016 (Issues and
                                                                                                          Manager, AD/CVD Operations, Office III from Joy       Decision Memorandum) and incorporated herein by
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                                                  Appendix I                                                                                                    reference.
                                                                                                          Zhang, Case Analyst, ‘‘2013–2014 Antidumping
                                                                                                                                                                   5 See ‘‘Amended Final Results of the 2013–2014
                                                     List of Topics Discussed in the Preliminary          Duty Administrative Review of Certain Pasta from
                                                  Decision Memorandum:                                    Italy—Final Results, Sales Analysis Memorandum        Administrative Review of the Antidumping Duty
                                                                                                          for La Molisana,’’ dated February 10, 2016 (Final     Order on Certain Pasta from Italy: Allegation of
                                                  1. Summary                                                                                                    Ministerial Error,’’ dated concurrently with this
                                                                                                          Results Calculations).
                                                  2. Case History                                            3 See Letter from La Molisana, ‘‘Certain Pasta     notice (‘‘Ministerial Error Memorandum’’).
                                                  3. Scope of the Order                                   From Italy: A–475–818; Request for Correction of         6 See Final Results, 80 FR at 61362.

                                                                                                          Clerical Error Pursuant to 17 CFR Section                7 The margin for the non-examined companies
                                                    22 Id.                                                351.224(f),’’ dated February 16, 2016.                was based on the calculated weighted-average



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Document Created: 2018-02-02 15:11:38
Document Modified: 2018-02-02 15:11:38
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective Date: March 10, 2016.
ContactKenneth Hawkins, 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) 482-6491.
FR Citation81 FR 12688 

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