81 FR 62729 - Uncovered Innerspring Units From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2014-2015
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 176 (September 12, 2016)
International Trade Administration
Federal Register Volume 81, Issue 176 (September 12, 2016)
| Page Range | 62729-62731 | |
| FR Document | 2016-21859 |
[Federal Register Volume 81, Number 176 (Monday, September 12, 2016)] [Notices] [Pages 62729-62731] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-21859] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-928] Uncovered Innerspring Units From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2014-2015 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On March 10, 2016, the Department of Commerce (the ``Department'') published the preliminary results of the administrative review of the antidumping duty order on uncovered innerspring units (``innersprings'') from the People's Republic of China (``PRC''). We gave interested parties an opportunity to comment on the preliminary results, and based upon our analysis of the comments and information received, we made certain changes for these final results. In these final results, we determine that innersprings are being, or are likely to be, sold in the United States at less than fair value. The period of review (``POR'') is February 1, 2014, through January 31, 2015. The final weighted-average dumping margins are listed below in the ``Final Results of Review'' section of this notice. DATES: Effective September 12, 2016. FOR FURTHER INFORMATION CONTACT: Kenneth Hawkins, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 6491. SUPPLEMENTARY INFORMATION: Background This review covers two exporters of subject merchandise: East Grace Corporation (``East Grace'') and Macao Commercial and Industrial Spring Mattress Manufacturer (``Macao Commercial''). The Department published the preliminary results on March 10, 2016.\1\ A summary of the events that occurred since the Department published the Preliminary Results, as well as a full discussion of the issues raised by parties for these final results, may be found in the Final Issues and Decision Memorandum.\2\ --------------------------------------------------------------------------- \1\ See Uncovered Innerspring Units from the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review; 2014-2015, 81 FR 12688 (March 10, 2016) (``Preliminary Results'') and accompanying Preliminary Decision Memorandum. \2\ See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ``Uncovered Innerspring Units from the People's Republic of China: Issues and Decision Memorandum for the Final Results of the 2014- 2015 Administrative Review'' (``Issues and Decision Memorandum''), dated concurrently with this notice. --------------------------------------------------------------------------- Also, as explained in the memorandum from the Acting Assistant Secretary for Enforcement and Compliance, the Department exercised its authority to toll all administrative deadlines due to the recent closure of the Federal Government.\3\ As a consequence, all deadlines in this segment of the proceeding have been extended by four business days. The revised deadline for the final results is now September 6, 2016. --------------------------------------------------------------------------- \3\ Memorandum to the Record from Ron Lorentzen, Acting A/S for Enforcement & Compliance, regarding ``Tolling of Administrative Deadlines As a Result of the Government Closure During Snowstorm Jonas,'' dated January 27, 2016, extending all administrative deadlines by four business days. --------------------------------------------------------------------------- Scope of the Order The merchandise subject to the order is uncovered innerspring units.\4\ 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. --------------------------------------------------------------------------- \4\ See Issues and Decision Memorandum for a complete description of the Scope of the Order. --------------------------------------------------------------------------- Analysis of Comments Received All issues raised in parties' case and rebuttal briefs are addressed in the Issues and Decision Memorandum, which is incorporated herein by reference. A list of the issues which parties raised, and to which we responded in the Issues and Decision Memorandum, is attached to this notice as an Appendix. The Issues and 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 it is available to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. The Issues and Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/index.html. The signed and electronic [[Page 62730]] versions of the Issues and Decision Memorandum are identical in content. Companies That Did Not Establish Their Eligibility for a Separate Rate In the Preliminary Results, the Department found that East Grace failed to establish its eligibility to receive a separate rate and that it was, thus, part of the PRC-wide entity.\5\ The Department has not received any comments that would warrant a review of that determination. Therefore, we continue to find that East Grace is part of the PRC-wide entity for purposes of this review. 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.\6\ The rate previously established for the PRC-wide entity in this proceeding is 234.51 percent. --------------------------------------------------------------------------- \5\ See Preliminary Results, 81 FR at 12689. \6\ 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). --------------------------------------------------------------------------- Changes Since the Preliminary Results In the Preliminary Results, we found that Macao Commercial had no shipments of PRC-origin innersprings during the POR and, therefore, had no reviewable shipments.\7\ However, after considering comments raised by interested parties and additional questionnaire responses submitted after the Preliminary Results, the Department is revising its preliminary results with respect to Macao Commercial. Specifically, we determine that use of facts available with respect to Macao Commercial is warranted pursuant to section 776(a)(1) & (2)(A), (B), and (C) of the Tariff Act of 1930, as amended (``the Act''). We are also applying an adverse inference in selecting from among the facts available, pursuant to section 776(b) of the Act, because we find that Macao Commercial failed to cooperate to the best of its ability in providing the requested information. Based on the foregoing, we find that Macao Commercial has failed to demonstrate that it had no shipments of PRC- origin innersprings during the POR, and we are assigning a rate to Macao Commercial using adverse facts available. --------------------------------------------------------------------------- \7\ See Preliminary Results, 81 FR at 12689. --------------------------------------------------------------------------- As part of this determination, we have not adopted petitioner Leggett and Platt, Inc.'s suggestion that the Department also find that the country of origin of all of Macao Commercial's exports of innersprings to the United States during the POR is the PRC. However, the information placed on the record during this administrative review as well as prior circumvention findings in this proceeding \8\ raise a concern that there are entries which should be subject to the Order but currently are not. The Department intends to consider these facts to determine if it would be appropriate for the Department to self- initiate a circumvention inquiry. --------------------------------------------------------------------------- \8\ See, e.g., Uncovered Innerspring Units from the People's Republic of China: Affirmative Final Determination of Circumvention of the Antidumping Duty Order, 79 FR 3345 (January 21, 2014). --------------------------------------------------------------------------- Final Results of Review The weighted-average dumping margin for the period February 1, 2014, through January 31, 2015, is as follows: ------------------------------------------------------------------------ Weighted- average Exporter dumping margin (percent) ------------------------------------------------------------------------ Macao Commercial and Industrial Spring Mattress 234.51 Manufacturer........................................... ------------------------------------------------------------------------ Assessment Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), the Department will determine, and U.S. Customs and Border Protection (``CBP'') shall assess, antidumping duties on all appropriate entries. The Department intends to issue assessment instructions to CBP 15 days after the date of publication of the final results of review in the Federal Register. For East Grace, the Department will instruct CBP to assess antidumping duties on the companies' entries of subject merchandise (i.e., PRC-origin innersprings) at the rate for the PRC- entity of 234.51 percent. For Macao Commercial, the Department will instruct CBP to assess antidumping duties on the companies' entries of subject merchandise (i.e., PRC-origin innersprings) at the individually-assigned rate of 234.51 percent. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) For the exporter listed above, the cash deposit rate will be 234.51 percent for their entries of subject merchandise (i.e., PRC-origin innersprings); (2) for previously investigated or reviewed PRC and non-PRC exporters not listed above that have a separate rate, the cash deposit rate will continue to be the exporter-specific rate published for the most recently completed segment of this proceeding in which the exporter was reviewed; (3) for all PRC exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash deposit rate will be that established for the PRC-wide entity 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 with the subject merchandise. The deposit requirements, when imposed, shall remain in effect until further notice. Reimbursement of Duties This notice also serves as a final 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 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 doubled antidumping duties. Administrative Protective Order In accordance with 19 CFR 351.305(a)(3), this notice also serves as a final reminder to parties subject to administrative protective order (``APO'') of their responsibility concerning the return or destruction of proprietary information disclosed under APO, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties We are issuing and publishing this administrative review and notice in accordance with sections 751(a)(1) and 777(i) of the Act. Dated: September 6, 2016. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Appendix I--List of Topics Discussed in the Final Decision Memorandum 1. Summary 2. Background [[Page 62731]] 3. Scope of the Order 4. Discussion of the Issue 5. Application of Facts Available 6. Affiliations 7. Sales Process 8. Q&V Information Financial Statements/Sales Reconciliations 9. Cost Reconciliations 10. Use of Adverse Inferences 11. Country of Origin 12. Recommendation [FR Doc. 2016-21859 Filed 9-9-16; 8:45 am] BILLING CODE 3510-DS-P
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untimely if it is filed after the time limit DEPARTMENT OF COMMERCE the Final Issues and Decision
established under Part 351 expires. For Memorandum.2
submissions which are due from International Trade Administration Also, as explained in the
multiple parties simultaneously, an memorandum from the Acting Assistant
extension request will be considered [A–570–928] Secretary for Enforcement and
untimely if it is filed after 10:00 a.m. on Compliance, the Department exercised
the due date. Examples include, but are Uncovered Innerspring Units From the its authority to toll all administrative
not limited to: (1) Case and rebuttal People’s Republic of China: Final deadlines due to the recent closure of
Results of Antidumping Duty the Federal Government.3 As a
briefs, filed pursuant to 19 CFR 351.309;
Administrative Review; 2014–2015 consequence, all deadlines in this
(2) factual information to value factors
segment of the proceeding have been
under 19 CFR 351.408(c), or to measure AGENCY: Enforcement and Compliance, extended by four business days. The
the adequacy of remuneration under 19 International Trade Administration, revised deadline for the final results is
CFR 351.511(a)(2), filed pursuant to 19 Department of Commerce. now September 6, 2016.
CFR 351.301(c)(3) and rebuttal,
SUMMARY: On March 10, 2016, the Scope of the Order
clarification and correction filed Department of Commerce (the
pursuant to 19 CFR 351.301(c)(3)(iv); (3) ‘‘Department’’) published the The merchandise subject to the order
comments concerning the selection of a preliminary results of the administrative is uncovered innerspring units.4 The
surrogate country and surrogate values review of the antidumping duty order product is currently classified under
and rebuttal; (4) comments concerning on uncovered innerspring units subheading 9404.29.9010 and has also
U.S. Customs and Border Protection (‘‘innersprings’’) from the People’s been classified under subheadings
data; and (5) quantity and value Republic of China (‘‘PRC’’). We gave 9404.10.0000, 7326.20.0070,
questionnaires. Under certain 7320.20.5010, or 7320.90.5010, of the
interested parties an opportunity to
circumstances, the Department may Harmonized Tariff Schedule of the
comment on the preliminary results,
elect to specify a different time limit by United States (‘‘HTSUS’’). The HTSUS
and based upon our analysis of the
subheadings are provided for
which extension requests will be comments and information received, we
convenience and customs purposes
considered untimely for submissions made certain changes for these final
only; the written product description of
which are due from multiple parties results. In these final results, we
the scope of the order is dispositive.
simultaneously. In such a case, the determine that innersprings are being,
Department will inform parties in the or are likely to be, sold in the United Analysis of Comments Received
letter or memorandum setting forth the States at less than fair value. The period All issues raised in parties’ case and
deadline (including a specified time) by of review (‘‘POR’’) is February 1, 2014, rebuttal briefs are addressed in the
which extension requests must be filed through January 31, 2015. The final Issues and Decision Memorandum,
to be considered timely. This weighted-average dumping margins are which is incorporated herein by
modification also requires that an listed below in the ‘‘Final Results of reference. A list of the issues which
extension request must be made in a Review’’ section of this notice. parties raised, and to which we
separate, stand-alone submission, and DATES: Effective September 12, 2016. responded in the Issues and Decision
clarifies the circumstances under which FOR FURTHER INFORMATION CONTACT:
Memorandum, is attached to this notice
the Department will grant untimely- Kenneth Hawkins, AD/CVD Operations, as an Appendix. The Issues and
filed requests for the extension of time Office V, Enforcement and Compliance, Decision Memorandum is a public
limits. These modifications are effective International Trade Administration, document and is on file electronically
for all segments initiated on or after U.S. Department of Commerce, 14th via Enforcement and Compliance’s
October 21, 2013. Please review the Street and Constitution Avenue NW., Antidumping and Countervailing Duty
final rule, available at http:// Washington, DC 20230; telephone: (202) Centralized Electronic Service System
482–6491. (‘‘ACCESS’’). ACCESS is available to
www.gpo.gov/fdsys/pkg/FR-2013-09-20/
registered users at http://
html/2013-22853.htm, prior to SUPPLEMENTARY INFORMATION: access.trade.gov, and it is available to
submitting factual information in these all parties in the Central Records Unit,
segments. Background
Room B8024 of the main Department of
These initiations and this notice are This review covers two exporters of Commerce building. The Issues and
in accordance with section 751(a) of the subject merchandise: East Grace Decision Memorandum can be accessed
Act (19 U.S.C. 1675(a)) and 19 CFR Corporation (‘‘East Grace’’) and Macao at http://enforcement.trade.gov/frn/
351.221(c)(1)(i). Commercial and Industrial Spring index.html. The signed and electronic
Mattress Manufacturer (‘‘Macao
Dated: September 6, 2016. Commercial’’). 2 See Memorandum to Christian Marsh, Deputy
Christian Marsh, The Department published the Assistant Secretary for Antidumping and
Deputy Assistant Secretary for Antidumping preliminary results on March 10, 2016.1 Countervailing Duty Operations, ‘‘Uncovered
Innerspring Units from the People’s Republic of
and Countervailing Duty Operations. A summary of the events that occurred China: Issues and Decision Memorandum for the
[FR Doc. 2016–21866 Filed 9–9–16; 8:45 am] since the Department published the Final Results of the 2014–2015 Administrative
BILLING CODE 3510–DS–P Preliminary Results, as well as a full Review’’ (‘‘Issues and Decision Memorandum’’),
discussion of the issues raised by parties dated concurrently with this notice.
sradovich on DSK3GMQ082PROD with NOTICES
3 Memorandum to the Record from Ron
for these final results, may be found in Lorentzen, Acting A/S for Enforcement &
Compliance, regarding ‘‘Tolling of Administrative
1 See Uncovered Innerspring Units from the Deadlines As a Result of the Government Closure
People’s Republic of China: Preliminary Results of During Snowstorm Jonas,’’ dated January 27, 2016,
the Antidumping Duty Administrative Review; extending all administrative deadlines by four
2014–2015, 81 FR 12688 (March 10, 2016) business days.
(‘‘Preliminary Results’’) and accompanying 4 See Issues and Decision Memorandum for a
Preliminary Decision Memorandum. complete description of the Scope of the Order.
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![Federal Register / Vol. 81, No. 176 / Monday, September 12, 2016 / Notices 62731
3. Scope of the Order FURTHER INFORMATION CONTACT section of not to exceed fifteen minutes, for oral
4. Discussion of the Issue this notice in advance of the meeting for comments from the public on Monday,
5. Application of Facts Available building entrance requirements. September 19, 2016 from 4:15 p.m. until
6. Affiliations 4:30 p.m. Eastern Time. Speakers will
FOR FURTHER INFORMATION CONTACT: Sara
7. Sales Process
8. Q&V Information Financial Statements/ Kerman, Information Technology be selected on a first-come, first-served
Sales Reconciliations Laboratory, National Institute of basis. Each speaker will be limited to
9. Cost Reconciliations Standards and Technology, 100 Bureau five minutes. Questions from the public
10. Use of Adverse Inferences Drive, Stop 2000, Gaithersburg, MD will not be considered during this
11. Country of Origin 20899–8900, telephone: 301–975–4634, period. Members of the public who are
12. Recommendation or by email at: eo-commission@nist.gov. interested in speaking are requested to
[FR Doc. 2016–21859 Filed 9–9–16; 8:45 am] Please use subject line ‘‘Open Meeting of contact Sara Kerman at the contact
BILLING CODE 3510–DS–P the Commission on Enhancing National information indicated in the FOR
Cybersecurity—DC’’. FURTHER INFORMATION CONTACT section of
SUPPLEMENTARY INFORMATION: Pursuant this notice.
DEPARTMENT OF COMMERCE to the Federal Advisory Committee Act, Speakers who wish to expand upon
as amended, 5 U.S.C. App., notice is their oral statements, those who had
National Institute of Standards and hereby given that the Commission on wished to speak but could not be
Technology Enhancing National Cybersecurity (‘‘the accommodated on the agenda, and those
Commission’’) will meet Monday, who were unable to attend in person are
Open Meeting of the Commission on September 19, 2016 from 9:00 a.m. until invited to submit written statements. In
Enhancing National Cybersecurity 5:00 p.m. Eastern Time. All sessions addition, written statements are invited
AGENCY: National Institute of Standards will be open to the public. The and may be submitted to the
and Technology, Commerce. Commission is authorized by Executive Commission at any time. All written
ACTION: Notice. Order 13718, Commission on Enhancing statements should be directed to the
National Cybersecurity.1 The Commission Executive Director,
SUMMARY: The Commission on Commission was established by the Information Technology Laboratory, 100
Enhancing National Cybersecurity will President and will make detailed Bureau Drive, Stop 8900, National
meet Monday, September 19, 2016 from recommendations to strengthen Institute of Standards and Technology,
9:00 a.m. until 5:00 p.m. Eastern Time cybersecurity in both the public and Gaithersburg, MD 20899–8900 or by
at the American University Washington private sectors while protecting privacy, email at: cybercommission@nist.gov.
College of Law, Claudio Grossman Hall, ensuring public safety and economic Please use subject line ‘‘Open Meeting of
Yuma Building. The primary purpose of and national security, fostering the Commission on Enhancing National
the meeting is to discuss the challenges discovery and development of new Cybersecurity—DC’’.
and opportunities for organizations and technical solutions, and bolstering Pursuant to 41 CFR 102–3.150(b), this
consumers in securing the digital partnerships between Federal, State, Federal Register notice for this meeting
economy. In particular, the meeting will local, tribal and territorial governments is being published fewer than 15
address: (1) International concerns; (2) and the private sector in the calendar days prior to the meeting as
review of current state of cybersecurity; development, promotion, and use of exceptional circumstances exist. It is
(3) growing and securing the digital cybersecurity technologies, policies, and imperative that the meeting be held on
economy; and (4) innovation and best practices. September 19, 2016 to accommodate the
technology in the government. The The agenda is expected to include the scheduling priorities of the key
meeting will support detailed following items: participants, who must maintain a strict
recommendations to strengthen —Introductions schedule of meetings in order to
cybersecurity in both the public and —Panel discussion on International complete the Commission’s report by
private sectors while protecting privacy, Concerns December 1, 2016, as required by
ensuring public safety and economic —Panel discussion—Current State Executive Order 13718 § 3(e) (February
and national security, fostering Review—‘‘How did we get here?’’ 9, 2016). Notice of the meeting is also
discovery and development of new —Panel discussion on Growing and posted on the National Institute of
technical solutions, and bolstering Securing the Digital Economy Standards and Technology’s Web site at
partnerships between Federal, State, —Panel discussion on Embracing http://www.nist.gov/cybercommission.
local, tribal and territorial governments Innovation and Technology in the
and the private sector in the Government Kevin Kimball,
development, promotion, and use of —Conclusion Chief of Staff.
cybersecurity technologies, policies, and Note that agenda items may change [FR Doc. 2016–21813 Filed 9–9–16; 8:45 am]
best practices. All sessions will be open without notice. The final agenda will be BILLING CODE 3510–13–P
to the public. posted on http://www.nist.gov/
DATES: The meeting will be held on cybercommission. Seating will be
Monday, September 19, 2016 from 9:00 available for the public and media. No DEPARTMENT OF COMMERCE
a.m. until 5:00 p.m. Eastern Time. registration is required to attend this
meeting; however, on-site attendees are National Oceanic and Atmospheric
ADDRESSES: The meeting will be held at Administration
asked to voluntarily sign in and space
the American University Washington
sradovich on DSK3GMQ082PROD with NOTICES
will be available on a first-come, first-
College of Law, Claudio Grossman Hall,
served basis. RIN 0648–XE875
Yuma Building, located at 4300 Public Participation: The Commission
Nebraska Avenue NW., Washington, DC agenda will include a period of time, Pacific Fishery Management Council;
20016. The meeting is open to the Public Meeting
public and interested parties are 1 https://www.federalregister.gov/articles/2016/
requested to contact Sara Kerman at the 02/12/2016-03038/commission-on-enhancing- AGENCY: National Marine Fisheries
contact information indicated in the FOR national-cybersecurity. Service (NMFS), National Oceanic and
VerDate Sep<11>2014 18:40 Sep 09, 2016 Jkt 238001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\12SEN1.SGM 12SEN1](https://thefederalregister.org/doc/81_FR_62905/page/3.svg)
Document Created: 2016-09-10 00:56:39
Document Modified: 2016-09-10 00:56:39
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective September 12, 2016. | |
| Contact | Kenneth Hawkins, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 6491. | |
| FR Citation | 81 FR 62729 |
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