82_FR_51816 82 FR 51602 - Uncovered Innerspring Units From the People's Republic of China: Preliminary Results and Rescission, in Part, of the Antidumping Duty Administrative Review; 2016-2017

82 FR 51602 - Uncovered Innerspring Units From the People's Republic of China: Preliminary Results and Rescission, in Part, of the Antidumping Duty Administrative Review; 2016-2017

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 214 (November 7, 2017)

Page Range51602-51604
FR Document2017-24199

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, 2016, through January 31, 2017. The Department preliminarily determines that PT Sunhere Buana International (PT Sunhere) failed to cooperate to the best of its ability and is, therefore, basing its margin on facts otherwise available with an adverse inference (AFA). The Department is also rescinding the administrative review with respect to Jietai Machinery Ltd. (HK) (Jietai Machinery). Interested parties are invited to comment on these preliminary results.

Federal Register, Volume 82 Issue 214 (Tuesday, November 7, 2017)
[Federal Register Volume 82, Number 214 (Tuesday, November 7, 2017)]
[Notices]
[Pages 51602-51604]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24199]


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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 and Rescission, in Part, of the Antidumping Duty 
Administrative Review; 2016-2017

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, 2016, through 
January 31, 2017. The Department preliminarily determines that PT 
Sunhere Buana International (PT Sunhere) failed to cooperate to the 
best of its ability and is, therefore, basing its margin on facts 
otherwise available with an adverse inference (AFA). The Department is 
also rescinding the administrative review with respect to Jietai 
Machinery Ltd. (HK) (Jietai Machinery). 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 28, 
2017, Leggett & Platt, Inc. (the petitioner) submitted a request for 
the Department to conduct an administrative review of the Order that 
examines Jietai Machinery and PT Sunhere's exports of subject 
merchandise made during the POR.\2\ On April 10, 2016, the Department 
published in the Federal Register a notice of initiation of this 
administrative review of the Order concerning Jietai Machinery and PT 
Sunhere's POR

[[Page 51603]]

exports of subject merchandise.3 4 On May 1, 2017 the 
Department issued its questionnaire to Jietai Machinery and PT 
Sunhere.\5\ The Department's questionnaire to Jietai Machinery was 
returned as undeliverable.\6\ The Department confirmed delivery of its 
questionnaire to PT Sunhere.\7\ On September 6, 2017, based on guidance 
from U.S. Customs and Border Protection (CBP), we added harmonized 
tariff schedule (HTS) number 7326.20.0090 to the Scope of the Order.\8\
---------------------------------------------------------------------------

    \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 Uncovered Innerspring Units from the People's Republic 
of China: Request for Antidumping Administrative Review, dated 
February 28, 2017.
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 17188 (April 10, 2017) (Initiation 
Notice).
    \4\ PT Sunhere is located in Indonesia, a market economy 
country. The Department is examining PT Sunhere's exports of subject 
merchandise for this administrative review.
    \5\ See the Department's Letter to Jietai Machinery, dated May 
1, 2017; see also, the Department's Letter to PT Sunhere, dated May 
1, 2017 (Questionnaires).
    \6\ See Memorandum to the File, re: ``Antidumping Duty 
Administrative Questionnaire Not Delivered,'' dated August 2, 2017.
    \7\ See Memorandum to the File, re: 2016-2017 Administrative 
Review of Uncovered Innerspring Units from the People's Republic of 
China: Delivery Notification of Antidumping Duty Questionnaire to PT 
Sunhere Buana International, dated August 15, 2017.
    \8\ See Memorandum to the File, through Paul Walker, Program 
Manager, Antidumping and Countervailing Duty Operations, Office V, 
from Kenneth Hawkins, Case Analyst, Antidumping and Countervailing 
Duty Operations, Office V, re: ``Uncovered Innersprings from the 
People's Republic of China (A-570-928) and South Africa (A-791-
821,'' dated September 6, 2017 (Additional HTS Memo).
---------------------------------------------------------------------------

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, 7326.20.0090, 7320.20.5010, 7320.90.5010, 
or 7326.20.0071 of the Harmonized Tariff Schedule of the United States 
(HTSUS).\9\ The HTSUS subheadings are provided for convenience and 
customs purposes only; the written description of the scope of the 
order is dispositive.\10\
---------------------------------------------------------------------------

    \9\ On September 6, 2017, the Department added HTS 7326.20.0090 
to the scope based on a request from CBP. See Additional HTS Memo.
    \10\ For a full description of the scope of the order, see the 
Department Memorandum, ``Decision Memorandum for Preliminary Results 
of 2016-2017 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).
---------------------------------------------------------------------------

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 PT Sunhere, we relied on facts available and, because PT 
Sunhere 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.\11\
---------------------------------------------------------------------------

    \11\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

    For a full description of the methodology underlying our 
conclusions, please see the Preliminary Decision Memorandum. The 
Preliminary Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov and 
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://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum 
and the electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Partial Rescission of Administrative Review

    The Department issued its questionnaire to Jietai Machinery but the 
questionnaire was returned as undeliverable. Despite our request to the 
petitioner, we received no alternative addresses for Jietai Machinery. 
Accordingly, consistent with the Department's practice in similar 
circumstances,\12\ the Department is rescinding the administrative 
review with respect to Jietai Machinery.
---------------------------------------------------------------------------

    \12\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand; 
Partial Rescission of Antidumping Duty Administrative Review, 72 FR 
50931 (September 5, 2007).
---------------------------------------------------------------------------

Preliminary Results of Review

    The Department preliminarily determines that a dumping margin of 
234.51 percent exists for PT Sunhere for the period February 1, 2016, 
through January 31, 2017.

Public Comment 13
---------------------------------------------------------------------------

    \13\ Normally, the Department discloses to interested parties 
the calculations performed in connection with the preliminary 
results 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 PT Sunhere did not 
participate and its rate is based solely on AFA, there are no 
calculations to disclose.
---------------------------------------------------------------------------

    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.\14\ 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.\15\ Case and rebuttal briefs 
should be filed using ACCESS.\16\
---------------------------------------------------------------------------

    \14\ See 19 CFR 351.309(d)(1).
    \15\ See 19 CFR 351.309(c)(2) and (d)(2).
    \16\ See 19 CFR 351.303.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to 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.\17\ Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.
---------------------------------------------------------------------------

    \17\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    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

    As noted above, we are rescinding the review with respect to Jietai 
Machinery. As such, the Department intends to issue appropriate 
assessment instructions to U.S. Customs and Border Protection (CBP) 15 
days after the date of publication of this notice for Jietai

[[Page 51604]]

Machinery. Antidumping duties shall be assessed at rates equal to the 
cash deposit of estimated antidumping duties required at the time of 
entry, or withdrawal from warehouse, for consumption in accordance with 
19 CFR 351.212(c)(1)(i).
    Upon issuance of the final results, the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review.\18\ 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 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. Assessment of duties resulting from the final 
results of this review will pertain only to entries of subject 
merchandise (i.e., innerspring units from the PRC).
---------------------------------------------------------------------------

    \18\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------

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 of 
this notice, as provided by section 751(a)(2)(C) of the Act: (1) For PT 
Sunhere, 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 PT Sunhere'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, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
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. Partial Rescission of Administrative Review
5. Discussion of the Methodology
    a. Application of Facts Otherwise Available
    b. Use of Adverse Inference
    c. Selection of the Adverse Facts Available Rate
6. Recommendation

[FR Doc. 2017-24199 Filed 11-6-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                               51602                           Federal Register / Vol. 82, No. 214 / Tuesday, November 7, 2017 / Notices

                                               ACCESS, by 5:00 p.m. Eastern Time on                      period for each company; (2) for other                DEPARTMENT OF COMMERCE
                                               the date that the document is due.                        producers and exporters covered in a
                                                  Interested parties who wish to request                 prior segment of the proceeding, the                  International Trade Administration
                                               a hearing must submit a written request                   cash deposit rate will continue to be the
                                               to the Assistant Secretary for                            company-specific rate published for the               [A–570–928]
                                               Enforcement and Compliance, U.S.                          completed segment for the most recent
                                               Department of Commerce, using                             period of this proceeding in which that               Uncovered Innerspring Units From the
                                               Enforcement and Compliance’s ACCESS                       producer or exporter participated; (3) if             People’s Republic of China:
                                               system within 30 days of publication of                                                                         Preliminary Results and Rescission, in
                                                                                                         the exporter is not a firm covered in this
                                               this notice.11 Requests should contain                                                                          Part, of the Antidumping Duty
                                                                                                         review, a prior review, or the original
                                               (1) the party’s name, address, and                                                                              Administrative Review; 2016–2017
                                               telephone number; (2) the number of                       investigation, but the producer is, then
                                               participants; and (3) a list of the issues                the cash deposit rate will be the rate                AGENCY:  Enforcement and Compliance,
                                               to be discussed. Issues raised in the                     established for the completed segment                 International Trade Administration,
                                               hearing will be limited to those raised                   for the most recent period of this                    Department of Commerce.
                                               in the respective case briefs.                            proceeding for the producer of subject
                                                                                                         merchandise; and (4) the cash deposit                 SUMMARY:   The Department of Commerce
                                                  Unless the deadline is extended
                                                                                                         rate for all other producers or exporters             (the Department) is conducting an
                                               pursuant to section 751(a)(2)(B)(iv) of
                                                                                                                                                               administrative review of the
                                               the Tariff Act of 1930 (the Act) and 19                   will continue to be 12.45 percent, the
                                                                                                                                                               antidumping duty order on uncovered
                                               CFR 351.213(h)(2), the Department                         all-others rate established in the
                                                                                                                                                               innerspring units (innerspring units)
                                               intends to issue the final results of this                investigation.12 These cash deposit                   from the People’s Republic of China
                                               administrative review, including the                      requirements, when imposed, shall                     (PRC). The period of review (POR) is
                                               results of our analysis of the issues                     remain in effect until further notice.                February 1, 2016, through January 31,
                                               raised by the parties in their case and
                                                                                                         Notification to Importers                             2017. The Department preliminarily
                                               rebuttal briefs, within 120 days after the
                                                                                                                                                               determines that PT Sunhere Buana
                                               publication of these preliminary results,                   This notice serves as a preliminary                 International (PT Sunhere) failed to
                                               pursuant to section 751(a)(3)(A) of the
                                                                                                         reminder to importers of their                        cooperate to the best of its ability and
                                               Act and 19 CFR 351.213(h)(1).
                                                                                                         responsibility under 19 CFR                           is, therefore, basing its margin on facts
                                               Assessment of Antidumping Duties                          351.402(f)(2) to file a certificate                   otherwise available with an adverse
                                                 We are rescinding this review for                       regarding the reimbursement of                        inference (AFA). The Department is also
                                               ASSL; in accordance with Department                       antidumping duties prior to liquidation               rescinding the administrative review
                                               practice, we will instruct CBP to assess                  of the relevant entries during this                   with respect to Jietai Machinery Ltd.
                                               antidumping duties at the rates equal to                  review period. Failure to comply with                 (HK) (Jietai Machinery). Interested
                                               the cash deposit of estimated                             this requirement could result in the                  parties are invited to comment on these
                                               antidumping duties required at the time                   Secretary’s presumption that                          preliminary results.
                                               of entry, or withdrawal from warehouse                    reimbursement of antidumping duties                   FOR FURTHER INFORMATION CONTACT:
                                               for consumption, in accordance with 19                    occurred and the subsequent assessment                Kenneth Hawkins, AD/CVD Operations,
                                               CFR 351.212(c)(1)(i).                                     of double antidumping duties.                         Office V, Enforcement and Compliance,
                                                 Upon issuance of the final results of                                                                         International Trade Administration,
                                               this review, in accordance with the                       Notification to Interested Parties                    Department of Commerce, 1401
                                               Department’s practice, for entries of                                                                           Constitution Avenue NW., Washington,
                                                                                                           We are issuing and publishing these
                                               subject merchandise during the POR for                                                                          DC 20230; telephone: (202) 482–6491.
                                                                                                         preliminary results of administrative
                                               which Ambica or Bhansali did not know
                                               that the merchandise was destined for                     review in accordance with sections                    SUPPLEMENTARY INFORMATION:
                                               the United States, we will instruct CBP                   751(a)(1) and 777(i)(1) of the Act.
                                                                                                                                                               Background
                                               to liquidate such entries at the all-others                 Dated: October 31, 2017.
                                               rate if there is no rate for the                          Gary Taverman,                                          On February 19, 2009, the Department
                                               intermediate company(ies) involved in                                                                           published an antidumping duty order
                                                                                                         Deputy Assistant Secretary for Antidumping
                                               the transaction. We intend to issue                                                                             on innerspring units from the PRC (the
                                                                                                         and Countervailing Duty Operations,
                                               instructions to CBP 15 days after the                                                                           Order).1 On February 28, 2017, Leggett
                                                                                                         performing the non-exclusive functions and
                                               publication date of the final results of                  duties of the Assistant Secretary for
                                                                                                                                                               & Platt, Inc. (the petitioner) submitted a
                                               this review.                                              Enforcement and Compliance.                           request for the Department to conduct
                                                                                                         [FR Doc. 2017–24172 Filed 11–6–17; 8:45 am]
                                                                                                                                                               an administrative review of the Order
                                               Cash Deposit Requirements                                                                                       that examines Jietai Machinery and PT
                                                                                                         BILLING CODE 3510–DS–P
                                                 The following cash deposit                                                                                    Sunhere’s exports of subject
                                               requirements will be effective for all                                                                          merchandise made during the POR.2 On
                                               shipments of the subject merchandise                                                                            April 10, 2016, the Department
                                               entered, or withdrawn from warehouse,                                                                           published in the Federal Register a
                                               for consumption on or after the                                                                                 notice of initiation of this administrative
                                               publication date of the final results of                                                                        review of the Order concerning Jietai
                                               this administrative review, as provided                                                                         Machinery and PT Sunhere’s POR
ethrower on DSK3G9T082PROD with NOTICES




                                               by section 751(a)(2)(C) of the Act: (1)
                                               The cash deposit rate for Ambica and                                                                              1 See Uncovered Innerspring Units from the

                                               Bhansali will remain unchanged from                                                                             People’s Republic of China: Notice of Antidumping
                                                                                                                                                               Duty Order, 74 FR 7661 (February 19, 2009).
                                               the rate assigned to each company in the                                                                          2 See Uncovered Innerspring Units from the
                                               completed segment for the most recent                       12 See Notice of Final Determination of Sales at
                                                                                                                                                               People’s Republic of China: Request for
                                                                                                         Less Than Fair Value: Stainless Steel Bar from        Antidumping Administrative Review, dated
                                                 11 See   19 CFR 351.310(c).                             India, 59 FR 66915, 66921 (December 28, 1994).        February 28, 2017.



                                          VerDate Sep<11>2014     17:29 Nov 06, 2017   Jkt 244001   PO 00000   Frm 00006   Fmt 4703   Sfmt 4703   E:\FR\FM\07NON1.SGM   07NON1


                                                                            Federal Register / Vol. 82, No. 214 / Tuesday, November 7, 2017 / Notices                                                     51603

                                               exports of subject merchandise.3 4 On                     Methodology                                           Public Comment 13
                                               May 1, 2017 the Department issued its                                                                              Pursuant to 19 CFR 351.309(c)(1)(ii),
                                               questionnaire to Jietai Machinery and                        The Department is conducting this
                                                                                                         review in accordance with section                     interested parties may submit case briefs
                                               PT Sunhere.5 The Department’s                                                                                   not later than 30 days after the date of
                                               questionnaire to Jietai Machinery was                     751(a)(1)(A) of the Tariff Act of 1930, as
                                                                                                         amended (the Act). With respect to PT                 publication of this notice in the Federal
                                               returned as undeliverable.6 The                                                                                 Register. Rebuttal briefs, limited to
                                               Department confirmed delivery of its                      Sunhere, we relied on facts available
                                                                                                                                                               issues raised in the case briefs, may be
                                               questionnaire to PT Sunhere.7 On                          and, because PT Sunhere did not act to
                                                                                                                                                               filed not later than five days after the
                                               September 6, 2017, based on guidance                      the best of its ability to respond to the             date for filing case briefs.14 Parties who
                                               from U.S. Customs and Border                              Department’s requests for information,                submit case briefs or rebuttal briefs in
                                               Protection (CBP), we added harmonized                     we drew an adverse inference in                       this proceeding are encouraged to
                                               tariff schedule (HTS) number                              selecting from among the facts                        submit with each argument: (1) A
                                               7326.20.0090 to the Scope of the Order.8                  otherwise available.11                                statement of the issue; (2) a brief
                                               Scope of the Order                                           For a full description of the                      summary of the argument; and (3) a
                                                  The merchandise subject to the order                   methodology underlying our                            table of authorities.15 Case and rebuttal
                                               is uncovered innerspring units                            conclusions, please see the Preliminary               briefs should be filed using ACCESS.16
                                               composed of a series of individual metal                  Decision Memorandum. The                                 Pursuant to 19 CFR 351.310(c),
                                               springs joined together in sizes                          Preliminary Decision Memorandum is a                  interested parties who wish to request a
                                               corresponding to the sizes of adult                       public document and is on file                        hearing must submit a written request to
                                               mattresses (e.g., twin, twin long, full,                  electronically via Enforcement and                    the Assistant Secretary for Enforcement
                                               full long, queen, California king and                     Compliance’s Antidumping and                          and Compliance within 30 days of the
                                               king) and units used in smaller                           Countervailing Duty Centralized                       date of publication of this notice.
                                               constructions, such as crib and youth                     Electronic Service System (ACCESS).                   Requests should contain: (1) The party’s
                                               mattresses. The product is currently                      ACCESS is available to registered users               name, address and telephone number;
                                               classified under subheading                                                                                     (2) the number of participants; and (3)
                                                                                                         at http://access.trade.gov and in the
                                               9404.29.9010 and has also been                                                                                  a list of issues parties intend to discuss.
                                                                                                         Central Records Unit, Room B8024 of
                                               classified under subheadings                                                                                    Issues raised in the hearing will be
                                                                                                         the main Department of Commerce                       limited to those raised in the respective
                                               9404.10.0000, 9404.29.9005,                               building. In addition, a complete
                                               9404.29.9011, 7326.20.0070,                                                                                     case and rebuttal briefs. If a request for
                                                                                                         version of the Preliminary Decision                   a hearing is made, the Department
                                               7326.20.0090, 7320.20.5010,
                                                                                                         Memorandum can be accessed directly                   intends to hold the hearing at the U.S.
                                               7320.90.5010, or 7326.20.0071 of the
                                                                                                         on the internet at http://                            Department of Commerce, 1401
                                               Harmonized Tariff Schedule of the
                                               United States (HTSUS).9 The HTSUS                         enforcement.trade.gov/frn/. The signed                Constitution Avenue NW., Washington,
                                               subheadings are provided for                              Preliminary Decision Memorandum and                   DC 20230, at a date and time to be
                                               convenience and customs purposes                          the electronic versions of the                        determined.17 Parties should confirm by
                                               only; the written description of the                      Preliminary Decision Memorandum are                   telephone the date, time, and location of
                                               scope of the order is dispositive.10                      identical in content.                                 the hearing two days before the
                                                                                                                                                               scheduled date.
                                                                                                         Partial Rescission of Administrative
                                                  3 See Initiation of Antidumping and                                                                             Unless extended, the Department
                                               Countervailing Duty Administrative Reviews, 82 FR         Review                                                intends to issue the final results of this
                                               17188 (April 10, 2017) (Initiation Notice).                                                                     administrative review, which will
                                                  4 PT Sunhere is located in Indonesia, a market           The Department issued its
                                               economy country. The Department is examining PT           questionnaire to Jietai Machinery but                 include the results of our analysis of all
                                               Sunhere’s exports of subject merchandise for this         the questionnaire was returned as                     issues raised in the case briefs, within
                                               administrative review.
                                                                                                         undeliverable. Despite our request to the             120 days of publication of these
                                                  5 See the Department’s Letter to Jietai Machinery,
                                                                                                         petitioner, we received no alternative                preliminary results in the Federal
                                               dated May 1, 2017; see also, the Department’s Letter                                                            Register, pursuant to section
                                               to PT Sunhere, dated May 1, 2017 (Questionnaires).        addresses for Jietai Machinery.
                                                                                                                                                               751(a)(3)(A) of the Act.
                                                  6 See Memorandum to the File, re: ‘‘Antidumping
                                                                                                         Accordingly, consistent with the
                                               Duty Administrative Questionnaire Not Delivered,’’                                                              Assessment Rates
                                               dated August 2, 2017.
                                                                                                         Department’s practice in similar
                                                  7 See Memorandum to the File, re: 2016–2017            circumstances,12 the Department is                       As noted above, we are rescinding the
                                               Administrative Review of Uncovered Innerspring            rescinding the administrative review                  review with respect to Jietai Machinery.
                                               Units from the People’s Republic of China: Delivery       with respect to Jietai Machinery.
                                               Notification of Antidumping Duty Questionnaire to
                                                                                                                                                               As such, the Department intends to
                                               PT Sunhere Buana International, dated August 15,          Preliminary Results of Review                         issue appropriate assessment
                                               2017.                                                                                                           instructions to U.S. Customs and Border
                                                  8 See Memorandum to the File, through Paul
                                                                                                           The Department preliminarily                        Protection (CBP) 15 days after the date
                                               Walker, Program Manager, Antidumping and                                                                        of publication of this notice for Jietai
                                               Countervailing Duty Operations, Office V, from
                                                                                                         determines that a dumping margin of
                                               Kenneth Hawkins, Case Analyst, Antidumping and            234.51 percent exists for PT Sunhere for
                                                                                                                                                                 13 Normally, the Department discloses to
                                               Countervailing Duty Operations, Office V, re:             the period February 1, 2016, through
                                               ‘‘Uncovered Innersprings from the People’s                                                                      interested parties the calculations performed in
                                                                                                         January 31, 2017.                                     connection with the preliminary results of review
                                               Republic of China (A–570–928) and South Africa
                                               (A–791–821,’’ dated September 6, 2017 (Additional                                                               within five days of the date of publication of the
                                                                                                                                                               notice of preliminary results in the Federal
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                                               HTS Memo).                                                Republic of China,’’ dated concurrently with and
                                                  9 On September 6, 2017, the Department added                                                                 Register, in accordance with 19 CFR 351.224(b).
                                                                                                         hereby adopted by this notice (Preliminary Decision   However, because PT Sunhere did not participate
                                               HTS 7326.20.0090 to the scope based on a request          Memorandum).
                                               from CBP. See Additional HTS Memo.                                                                              and its rate is based solely on AFA, there are no
                                                                                                            11 See sections 776(a) and (b) of the Act.         calculations to disclose.
                                                  10 For a full description of the scope of the order,
                                                                                                            12 See, e.g., Certain Frozen Warmwater Shrimp        14 See 19 CFR 351.309(d)(1).
                                               see the Department Memorandum, ‘‘Decision
                                                                                                         from Thailand; Partial Rescission of Antidumping        15 See 19 CFR 351.309(c)(2) and (d)(2).
                                               Memorandum for Preliminary Results of 2016–2017
                                                                                                         Duty Administrative Review, 72 FR 50931                 16 See 19 CFR 351.303.
                                               Antidumping Duty Administrative Review:
                                               Uncovered Innerspring Units from the People’s             (September 5, 2007).                                    17 See 19 CFR 351.310(d).




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                                               51604                        Federal Register / Vol. 82, No. 214 / Tuesday, November 7, 2017 / Notices

                                               Machinery. Antidumping duties shall be                    shall remain in effect until further                  indicated in the ‘‘Final Results of Sunset
                                               assessed at rates equal to the cash                       notice.                                               Review’’ section of this notice.
                                               deposit of estimated antidumping duties                                                                         DATES: Applicable November 7, 2017.
                                                                                                         Notification to Importers
                                               required at the time of entry, or                                                                               FOR FURTHER INFORMATION CONTACT:
                                               withdrawal from warehouse, for                              This notice also serves as a                        Moses Song, AD/CVD Operations, Office
                                               consumption in accordance with 19                         preliminary reminder to importers of                  VI, Enforcement and Compliance,
                                               CFR 351.212(c)(1)(i).                                     their responsibility under 19 CFR                     International Trade Administration,
                                                  Upon issuance of the final results, the                351.402(f)(2) to file a certificate                   U.S. Department of Commerce, 1401
                                               Department will determine, and CBP                        regarding the reimbursement of                        Constitution Avenue NW., Washington,
                                               shall assess, antidumping duties on all                   antidumping duties prior to liquidation               DC 20230; telephone: (202) 482–5041.
                                               appropriate entries covered by this                       of the relevant entries during this                   SUPPLEMENTARY INFORMATION:
                                               review.18 The Department intends to                       review period. Failure to comply with
                                               issue assessment instructions to CBP 15                   this requirement could result in the                  Background
                                               days after the publication date of the                    Department’s presumption that                            On July 3, 2017, the Department
                                               final results of this review. We will                     reimbursement of antidumping duties                   published the notice of initiation of the
                                               instruct CBP to assess antidumping                        occurred and the subsequent assessment                first sunset review of the antidumping
                                               duties on all appropriate entries covered                 of double antidumping duties.                         duty order on LPTs from Korea,
                                               by this review if any assessment rate                       We are issuing and publishing these                 pursuant to section 751(c) of the Tariff
                                               calculated in the final results of this                   results in accordance with sections                   Act of 1930, as amended (the Act).1 On
                                               review is above de minimis. The final                     751(a)(1) and 777(i)(1) of the Act and 19             July 18, 2017, the Department received
                                               results of this review shall be the basis                 CFR 351.213.                                          a notice of intent to participate in this
                                               for the assessment of antidumping                                                                               review from ABB Inc., (ABB) within the
                                                                                                           Dated: October 31, 2017.
                                               duties on entries of merchandise                                                                                deadline specified in 19 CFR
                                                                                                         Gary Taverman,
                                               covered by the final results of this                                                                            351.218(d)(1)(i). ABB claimed interested
                                               review and for future deposits of                         Deputy Assistant Secretary for Antidumping
                                                                                                         and Countervailing Duty Operations,                   party status under section 771(9)(C) of
                                               estimated duties, where applicable.                                                                             the Act, as a manufacturer of a domestic
                                                                                                         performing the non-exclusive functions and
                                               Assessment of duties resulting from the                   duties of the Assistant Secretary for                 like product in the United States.
                                               final results of this review will pertain                 Enforcement and Compliance.                              On August 2, 2017, we received a
                                               only to entries of subject merchandise                                                                          complete substantive response for this
                                               (i.e., innerspring units from the PRC).                   Appendix                                              review from ABB within the 30-day
                                               Cash Deposit Requirements                                 List of Topics Discussed in the Preliminary           deadline specified in 19 CFR
                                                                                                         Decision Memorandum                                   351.218(d)(3)(i). We received no
                                                  The following cash deposit                                                                                   substantive responses from any other
                                                                                                         1. Summary
                                               requirements will be effective upon                                                                             interested parties, nor was a hearing
                                                                                                         2. Background
                                               publication of the final results of this                  3. Scope of the Order                                 requested. As a result, pursuant to
                                               administrative review for shipments of                    4. Partial Rescission of Administrative               section 751(c)(3)(B) of the Act and 19
                                               the subject merchandise from the PRC                            Review                                          CFR 351.218(e)(1)(ii)(C)(2), the
                                               entered, or withdrawn from warehouse,                     5. Discussion of the Methodology                      Department conducted an expedited
                                               for consumption on or after the                              a. Application of Facts Otherwise
                                                                                                                                                               (120-day) sunset review of the order.
                                               publication date of this notice, as                             Available
                                               provided by section 751(a)(2)(C) of the                      b. Use of Adverse Inference                        Scope of the Order
                                               Act: (1) For PT Sunhere, the cash                            c. Selection of the Adverse Facts Available
                                                                                                               Rate                                               The scope of this order covers large
                                               deposit rate will be that established in                                                                        liquid dielectric power transformers
                                                                                                         6. Recommendation
                                               the final results of this review (except,                                                                       (LPTs) having a top power handling
                                               if the rate is zero or de minimis, then                   [FR Doc. 2017–24199 Filed 11–6–17; 8:45 am]
                                                                                                                                                               capacity greater than or equal to 60,000
                                               zero cash deposit will be required) and                   BILLING CODE 3510–DS–P
                                                                                                                                                               kilovolt amperes (60 megavolt amperes),
                                               the Department will collect cash                                                                                whether assembled or unassembled,
                                               deposits only on PT Sunhere’s PRC-                                                                              complete or incomplete.
                                               origin merchandise; (2) for previously                    DEPARTMENT OF COMMERCE
                                                                                                                                                                  Incomplete LPTs are subassemblies
                                               investigated or reviewed PRC and non-                                                                           consisting of the active part and any
                                               PRC exporters not listed above that                       International Trade Administration
                                                                                                                                                               other parts attached to, imported with or
                                               received a separate rate in a prior                       [A–580–867]                                           invoiced with the active parts of LPTs.
                                               segment of this proceeding, the cash                                                                            The ‘‘active part’’ of the transformer
                                               deposit rate will continue to be the                      Large Power Transformers From the                     consists of one or more of the following
                                               existing exporter-specific rate published                 Republic of Korea: Final Results of the               when attached to or otherwise
                                               for the most recently completed period;                   Expedited First Sunset Review of the                  assembled with one another: The steel
                                               (3) for all PRC exporters of subject                      Antidumping Duty Order                                core or shell, the windings, electrical
                                               merchandise that have not been found                                                                            insulation between the windings, the
                                               to be entitled to a separate rate, the cash               AGENCY:   Enforcement and Compliance,
                                                                                                                                                               mechanical frame for an LPT.
                                               deposit rate will be the PRC-wide rate                    International Trade Administration,                      The product definition encompasses
                                               of 234.51 percent; and (4) for all non-                   Department of Commerce.                               all such LPTs regardless of name
                                               PRC exporters of subject merchandise                      SUMMARY: As a result of this sunset                   designation, including but not limited to
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                                               which have not received their own rate,                   review, the Department of Commerce                    step-up transformers, step-down
                                               the cash deposit rate will be the rate                    (the Department) finds that revocation                transformers, autotransformers,
                                               applicable to the PRC exporter that                       of the antidumping duty order on large                interconnection transformers, voltage
                                               supplied that non-PRC exporter. These                     power transformers (LPTs) from the                    regulator transformers, rectifier
                                               deposit requirements, when imposed,                       Republic of Korea (Korea) would be
                                                                                                         likely to lead to continuation or                       1 See Initiation of Five-Year (‘‘Sunset’’) Reviews,
                                                 18 See   19 CFR 351.212(b)(1).                          recurrence of dumping at the levels                   82 FR 30844 (July 3, 2017).



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Document Created: 2018-10-25 10:25:57
Document Modified: 2018-10-25 10:25:57
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 Citation82 FR 51602 

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