81_FR_78331 81 FR 78116 - Uncovered Innerspring Units From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review; 2015-2016

81 FR 78116 - Uncovered Innerspring Units From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review; 2015-2016

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 215 (November 7, 2016)

Page Range78116-78117
FR Document2016-26849

The Department of Commerce (``the Department'') is conducting an administrative review of the antidumping duty order on uncovered innerspring units (``innerspring units'') from the People's Republic of China (``PRC''). The period of review (``POR'') is February 1, 2015, through January 31, 2016. The Department preliminarily determines that the sole respondent, Enchant Privilege Sdn Bhd (``Enchant Privilege''), did not cooperate to the best of its ability and is, therefore, basing its margin on adverse facts available (``AFA''). Interested parties are invited to comment on these preliminary results.

Federal Register, Volume 81 Issue 215 (Monday, November 7, 2016) 
[Federal Register Volume 81, Number 215 (Monday, November 7, 2016)]
[Notices]
[Pages 78116-78117]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26849]


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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; 
2015-2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (``the Department'') is conducting 
an administrative review of the antidumping duty order on uncovered 
innerspring units (``innerspring units'') from the People's Republic of 
China (``PRC''). The period of review (``POR'') is February 1, 2015, 
through January 31, 2016. The Department preliminarily determines that 
the sole respondent, Enchant Privilege Sdn Bhd (``Enchant Privilege''), 
did not cooperate to the best of its ability and is, therefore, basing 
its margin on adverse facts available (``AFA''). Interested parties are 
invited to comment on these preliminary results.

FOR FURTHER INFORMATION CONTACT: Kenneth Hawkins, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-6491.

SUPPLEMENTARY INFORMATION: 

Background

    On February 19, 2009, the Department published an antidumping duty 
order on innerspring units from the PRC (``the Order'').\1\ On February 
29, 2016, Leggett & Platt, Inc. (``Petitioner'') submitted a request 
for the Department to conduct an administrative review of the Order 
that examines Enchant Privilege's exports of subject merchandise made 
during the POR.\2\ On April 7, 2016, the Department published in the 
Federal Register a notice of initiation of this administrative review 
of the Order concerning Enchant Privilege's POR exports of subject 
merchandise.3 4
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    \1\ See Uncovered Innerspring Units from the People's Republic 
of China: Notice of Antidumping Duty Order, 74 FR 7661 (February 19, 
2009).
    \2\ See Request for Antidumping Administrative Review of the 
Antidumping Duty Order on Uncovered Innerspring Units from the 
People's Republic of China, dated February 29, 2016.
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 20324 (April 7, 2016) (``Initiation 
Notice'').
    \4\ Enchant Privilege is located in Malaysia, a market economy 
country. As a result, the Department is examining Enchant 
Privilege's PRC-origin exports of subject merchandise for this 
administrative review.
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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. The 
product is currently classified under subheading 9404.29.9010 and has 
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.\5\
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    \5\ For a full description of the scope of the order, see the 
Department Memorandum, ``Decision Memorandum for Preliminary Results 
of 2015-2016 Antidumping Duty Administrative Review: Uncovered 
Innerspring Units from the People's Republic of China,'' dated 
concurrently with and hereby adopted by this notice (Preliminary 
Decision Memorandum).
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Methodology

    The Department is conducting this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (``the Act''). With 
respect to Enchant Privilege, we relied on facts available and, because 
Enchant Privilege did not act to the best of its ability to respond to 
the Department's requests for information, we drew an adverse inference 
in selecting from among the facts otherwise available.\6\
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    \6\ See sections 776(a) and (b) of the Act.
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    For a full description of the methodology underlying our 
conclusions, please see the Preliminary Decision Memorandum. The 
Preliminary Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (``ACCESS''). 
ACCESS is available to registered users at http://access.trade.gov and 
in the Central Records Unit, room 7046 of the main Department of 
Commerce building. In addition, a complete version of the Preliminary 
Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum 
and the electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Preliminary Results of Review

    The Department preliminarily determines that a dumping margin of 
234.51 percent exists for Enchant Privilege for the period February 1, 
2015, through January 31, 2016.

Public Comment

    Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit 
case briefs not later than 30 days after the date of publication of 
this notice in the Federal Register. Rebuttal briefs, limited to issues 
raised in the case briefs, may be filed not later than five days after 
the date for filing case briefs.\7\ Parties who submit case briefs or 
rebuttal briefs in this proceeding are encouraged to submit with each 
argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.\8\ Case and rebuttal briefs 
should be filed using ACCESS.\9\
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    \7\ See 19 CFR 351.309(d)(1).
    \8\ See 19 CFR 351.309(c)(2) and (d)(2).
    \9\ See 19 CFR 351.303.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to

[[Page 78117]]

the Assistant Secretary for Enforcement and Compliance within 30 days 
of the date of publication of this notice. Requests should contain: (1) 
The party's name, address and telephone number; (2) the number of 
participants; and (3) a list of issues parties intend to discuss. 
Issues raised in the hearing will be limited to those raised in the 
respective case and rebuttal briefs. If a request for a hearing is 
made, the Department intends to hold the hearing at the U.S. Department 
of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a 
date and time to be determined.\10\ Parties should confirm by telephone 
the date, time, and location of the hearing two days before the 
scheduled date.
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    \10\ See 19 CFR 351.310(d).
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    Unless extended, the Department intends to issue the final results 
of this administrative review, which will include the results of our 
analysis of all issues raised in the case briefs, within 120 days of 
publication of these preliminary results in the Federal Register, 
pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review.\11\ The 
Department intends to issue assessment instructions to CBP 15 days 
after the publication date of the final results of this review. We will 
instruct CBP to assess duties at the ad valorem margin rate published 
above. We will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review if any assessment rate 
calculated in the final results of this review is above de minimis. The 
final results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by the final 
results of this review and for future deposits of estimated duties, 
where applicable. The Department will assess duties only on entries of 
subject merchandise (i.e., PRC-origin innerspring units).
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    \11\ See 19 CFR 351.212(b)(1).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for 
shipments of the subject merchandise from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C) of the Act: (1) For Enchant Privilege, 
the cash deposit rate will be that established in the final results of 
this review (except, if the rate is zero or de minimis, then zero cash 
deposit will be required) and the Department will collect cash deposits 
only on Enchant Privilege's PRC-origin merchandise; (2) for previously 
investigated or reviewed PRC and non-PRC exporters not listed above 
that received a separate rate in a prior segment of this proceeding, 
the cash deposit rate will continue to be the existing exporter-
specific rate published for the most recently completed period; (3) for 
all PRC exporters of subject merchandise that have not been found to be 
entitled to a separate rate, the cash deposit rate will be the PRC-wide 
rate of 234.51 percent; and (4) for all non-PRC exporters of subject 
merchandise which have not received their own rate, the cash deposit 
rate will be the rate applicable to the PRC exporter that supplied that 
non-PRC exporter. These deposit requirements, when imposed, shall 
remain in effect until further notice.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.

     Dated: October 31, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
    a. Facts Otherwise Available
    i. Use of Facts Available
    ii. Use of Adverse Facts Available
5. Recommendation

[FR Doc. 2016-26849 Filed 11-4-16; 8:45 am]
 BILLING CODE 3510-DS-P

78116 Federal Register / Vol. 81, No. 215 / Monday, November 7, 2016 / Notices Net FOR FURTHER INFORMATION CONTACT: Methodology Manufacturers/producers/ countervailable Kenneth Hawkins, AD/CVD Operations, The Department is conducting this exporters subsidy rate Office V, Enforcement and Compliance, (percent) review in accordance with section International Trade Administration, 751(a)(1)(A) of the Tariff Act of 1930, as Columbus Stainless Steel Department of Commerce, 1401 amended (‘‘the Act’’). With respect to Company (the operating Constitution Avenue NW., Washington, Enchant Privilege, we relied on facts unit of the Columbus Joint DC 20230; telephone: (202) 482–6491. available and, because Enchant Privilege Venture) ............................ 3.95 SUPPLEMENTARY INFORMATION: did not act to the best of its ability to All-Others .............................. 3.95 Background respond to the Department’s requests for information, we drew an adverse Notification Regarding Administrative On February 19, 2009, the Department inference in selecting from among the Protective Order published an antidumping duty order facts otherwise available.6 This notice serves as the only on innerspring units from the PRC (‘‘the For a full description of the reminder to parties subject to Order’’).1 On February 29, 2016, Leggett methodology underlying our administrative protective order (APO) of & Platt, Inc. (‘‘Petitioner’’) submitted a conclusions, please see the Preliminary their responsibility concerning the request for the Department to conduct Decision Memorandum. The return or destruction of proprietary an administrative review of the Order Preliminary Decision Memorandum is a information disclosed under APO in that examines Enchant Privilege’s public document and is on file accordance with 19 CFR 351.305. exports of subject merchandise made electronically via Enforcement and Timely notification of return/ during the POR.2 On April 7, 2016, the Compliance’s Antidumping and destruction of APO materials or Department published in the Federal Countervailing Duty Centralized conversion to judicial protective order is Register a notice of initiation of this Electronic Service System (‘‘ACCESS’’). hereby requested. Failure to comply administrative review of the Order ACCESS is available to registered users with the regulations and the terms of an concerning Enchant Privilege’s POR at http://access.trade.gov and in the APO is a sanctionable violation. exports of subject merchandise.3 4 Central Records Unit, room 7046 of the The Department is issuing and Scope of the Order main Department of Commerce publishing these final results and this building. In addition, a complete notice in accordance with sections The merchandise subject to the order version of the Preliminary Decision 751(c), 752(b), and 777(i)(1) of the Act. is uncovered innerspring units Memorandum can be accessed directly composed of a series of individual metal on the internet at http:// Dated: October 31, 2016. springs joined together in sizes enforcement.trade.gov/frn/. The signed Paul Piquado, corresponding to the sizes of adult Assistant Secretary for Enforcement and Preliminary Decision Memorandum and mattresses (e.g., twin, twin long, full, the electronic versions of the Compliance. full long, queen, California king and [FR Doc. 2016–26851 Filed 11–4–16; 8:45 am] Preliminary Decision Memorandum are king) and units used in smaller identical in content. BILLING CODE 3510–DS–P constructions, such as crib and youth mattresses. The product is currently Preliminary Results of Review classified under subheading The Department preliminarily DEPARTMENT OF COMMERCE 9404.29.9010 and has also been determines that a dumping margin of International Trade Administration classified under subheadings 234.51 percent exists for Enchant 9404.10.0000, 9404.29.9005, Privilege for the period February 1, [A–570–928] 9404.29.9011, 7326.20.0070, 2015, through January 31, 2016. 7320.20.5010, 7320.90.5010, or Uncovered Innerspring Units From the 7326.20.0071 of the Harmonized Tariff Public Comment People’s Republic of China: Schedule of the United States Pursuant to 19 CFR 351.309(c)(1)(ii), Preliminary Results of the (‘‘HTSUS’’). The HTSUS subheadings interested parties may submit case briefs Antidumping Duty Administrative are provided for convenience and not later than 30 days after the date of Review; 2015–2016 customs purposes only; the written publication of this notice in the Federal AGENCY: Enforcement and Compliance, description of the scope of the order is Register. Rebuttal briefs, limited to International Trade Administration, dispositive.5 issues raised in the case briefs, may be Department of Commerce. filed not later than five days after the SUMMARY: The Department of Commerce 1 See Uncovered Innerspring Units from the date for filing case briefs.7 Parties who People’s Republic of China: Notice of Antidumping submit case briefs or rebuttal briefs in (‘‘the Department’’) is conducting an Duty Order, 74 FR 7661 (February 19, 2009). administrative review of the 2 See Request for Antidumping Administrative this proceeding are encouraged to antidumping duty order on uncovered Review of the Antidumping Duty Order on submit with each argument: (1) A innerspring units (‘‘innerspring units’’) Uncovered Innerspring Units from the People’s statement of the issue; (2) a brief Republic of China, dated February 29, 2016. summary of the argument; and (3) a from the People’s Republic of China 3 See Initiation of Antidumping and (‘‘PRC’’). The period of review (‘‘POR’’) table of authorities.8 Case and rebuttal Countervailing Duty Administrative Reviews, 81 FR is February 1, 2015, through January 31, 20324 (April 7, 2016) (‘‘Initiation Notice’’). briefs should be filed using ACCESS.9 2016. The Department preliminarily 4 Enchant Privilege is located in Malaysia, a Pursuant to 19 CFR 351.310(c), determines that the sole respondent, market economy country. As a result, the interested parties who wish to request a sradovich on DSK3GMQ082PROD with NOTICES Department is examining Enchant Privilege’s PRC- hearing must submit a written request to Enchant Privilege Sdn Bhd (‘‘Enchant origin exports of subject merchandise for this Privilege’’), did not cooperate to the best administrative review. hereby adopted by this notice (Preliminary Decision of its ability and is, therefore, basing its 5 For a full description of the scope of the order, Memorandum). margin on adverse facts available see the Department Memorandum, ‘‘Decision 6 See sections 776(a) and (b) of the Act. Memorandum for Preliminary Results of 2015–2016 (‘‘AFA’’). Interested parties are invited Antidumping Duty Administrative Review: 7 See 19 CFR 351.309(d)(1). to comment on these preliminary Uncovered Innerspring Units from the People’s 8 See 19 CFR 351.309(c)(2) and (d)(2). results. Republic of China,’’ dated concurrently with and 9 See 19 CFR 351.303. VerDate Sep<11>2014 16:02 Nov 04, 2016 Jkt 241001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\07NON1.SGM 07NON1

Federal Register / Vol. 81, No. 215 / Monday, November 7, 2016 / Notices 78117 the Assistant Secretary for Enforcement Privilege, the cash deposit rate will be DEPARTMENT OF COMMERCE and Compliance within 30 days of the that established in the final results of date of publication of this notice. this review (except, if the rate is zero or International Trade Administration Requests should contain: (1) The party’s de minimis, then zero cash deposit will [A–602–807, A–351–842, A–570–022, C–570– name, address and telephone number; be required) and the Department will 023, A–560–828, C–560–829, A–471–807] (2) the number of participants; and (3) collect cash deposits only on Enchant a list of issues parties intend to discuss. Privilege’s PRC-origin merchandise; (2) Certain Uncoated Paper From Issues raised in the hearing will be for previously investigated or reviewed Australia, Brazil, the People’s Republic limited to those raised in the respective PRC and non-PRC exporters not listed of China, Indonesia, and Portugal: case and rebuttal briefs. If a request for Initiation of Anti-Circumvention Inquiry above that received a separate rate in a a hearing is made, the Department prior segment of this proceeding, the AGENCY: Enforcement and Compliance, intends to hold the hearing at the U.S. Department of Commerce, 1401 cash deposit rate will continue to be the International Trade Administration, Constitution Avenue NW., Washington, existing exporter-specific rate published Department of Commerce. DC 20230, at a date and time to be for the most recently completed period; SUMMARY: In response to a request from determined.10 Parties should confirm by (3) for all PRC exporters of subject the United Steel, Paper and Forestry, telephone the date, time, and location of merchandise that have not been found Rubber, Manufacturing, Energy, Allied the hearing two days before the to be entitled to a separate rate, the cash Industrial and Service Workers scheduled date. deposit rate will be the PRC-wide rate International Union; Domtar Unless extended, the Department of 234.51 percent; and (4) for all non- Corporation; Finch Paper LLC; P.H. intends to issue the final results of this PRC exporters of subject merchandise Glatfelter Company; and Packaging administrative review, which will which have not received their own rate, Corporation of America (collectively, include the results of our analysis of all the cash deposit rate will be the rate the petitioners), the Department of issues raised in the case briefs, within applicable to the PRC exporter that Commerce (the Department) is initiating 120 days of publication of these supplied that non-PRC exporter. These an anti-circumvention inquiry pursuant preliminary results in the Federal deposit requirements, when imposed, to section 781(c) of the Tariff Act of Register, pursuant to section shall remain in effect until further 1930, as amended (the Act), to 751(a)(3)(A) of the Act. notice. determine under the minor alterations Assessment Rates provision whether uncoated paper with Notification to Importers a GE brightness of 83 +/¥ 1% (83 Bright Upon issuance of the final results, the paper) is ‘‘altered in form or appearance Department will determine, and U.S. This notice also serves as a preliminary reminder to importers of in minor respects’’ from in-scope Customs and Border Protection (CBP) merchandise such that it may be shall assess, antidumping duties on all their responsibility under 19 CFR considered subject to the antidumping appropriate entries covered by this 351.402(f)(2) to file a certificate (AD) and countervailing duty (CVD) review.11 The Department intends to regarding the reimbursement of orders on certain uncoated paper. issue assessment instructions to CBP 15 antidumping duties prior to liquidation days after the publication date of the DATES: Effective November 7, 2016. of the relevant entries during this final results of this review. We will review period. Failure to comply with FOR FURTHER INFORMATION CONTACT: Ross instruct CBP to assess duties at the ad this requirement could result in the Belliveau, AD/CVD Operations, Office valorem margin rate published above. Department’s presumption that II, Enforcement and Compliance, We will instruct CBP to assess reimbursement of antidumping duties International Trade Administration, antidumping duties on all appropriate occurred and the subsequent assessment U.S. Department of Commerce, 14th entries covered by this review if any of double antidumping duties. Street and Constitution Avenue NW., assessment rate calculated in the final Washington, DC 20230; telephone: (202) results of this review is above de We are issuing and publishing these 482–4952. minimis. The final results of this review results in accordance with sections SUPPLEMENTARY INFORMATION: shall be the basis for the assessment of 751(a)(1) and 777(i)(1) of the Act and 19 antidumping duties on entries of CFR 351.213. Background merchandise covered by the final results Dated: October 31, 2016. On March 3, 2016, the Department of this review and for future deposits of Paul Piquado, issued AD orders on certain uncoated estimated duties, where applicable. The paper from Australia, Brazil, the Assistant Secretary for Enforcement and Department will assess duties only on Compliance. People’s Republic of China (PRC), entries of subject merchandise (i.e., Indonesia, and Portugal and CVD orders PRC-origin innerspring units). Appendix on certain uncoated paper from the PRC and Indonesia.1 On July 15, 2016, the Cash Deposit Requirements List of Topics Discussed in the Preliminary Decision Memorandum petitioners alleged that Asia Pulp and The following cash deposit Paper (APP), one of the major requirements will be effective upon 1. Summary publication of the final results of this 2. Background 1 See Certain Uncoated Paper From Australia, administrative review for shipments of 3. Scope of the Order Brazil, Indonesia, the People’s Republic of China, and Portugal: Amended Final Affirmative sradovich on DSK3GMQ082PROD with NOTICES the subject merchandise from the PRC 4. Discussion of the Methodology a. Facts Otherwise Available Antidumping Determinations for Brazil and entered, or withdrawn from warehouse, Indonesia and Antidumping Duty Orders; 81 FR for consumption on or after the i. Use of Facts Available 11174 (March 3, 2016) and Certain Uncoated Paper publication date, as provided by section ii. Use of Adverse Facts Available from Indonesia and the People’s Republic of China: 5. Recommendation Amended Final Affirmative Countervailing Duty 751(a)(2)(C) of the Act: (1) For Enchant Determination and Countervailing Duty Order [FR Doc. 2016–26849 Filed 11–4–16; 8:45 am] (Indonesia) and Countervailing Duty Order 10 See 19 CFR 351.310(d). BILLING CODE 3510–DS–P (People’s Republic of China); 81 FR 11187, (March 11 See 19 CFR 351.212(b)(1). 3, 2016) (collectively, the Orders). VerDate Sep<11>2014 16:02 Nov 04, 2016 Jkt 241001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\07NON1.SGM 07NON1


Document Created: 2018-02-14 08:21:29
Document Modified: 2018-02-14 08:21:29
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
ContactKenneth Hawkins, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-6491.
FR Citation81 FR 78116 
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