83 FR 42254 - Uncovered Innerspring Units From the People's Republic of China: Preliminary Affirmative Determination of Circumvention of the Antidumping Duty Order
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 162 (August 21, 2018)
International Trade Administration
Federal Register Volume 83, Issue 162 (August 21, 2018)
| Page Range | 42254-42256 | |
| FR Document | 2018-17784 |
[Federal Register Volume 83, Number 162 (Tuesday, August 21, 2018)] [Notices] [Pages 42254-42256] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-17784] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-928] Uncovered Innerspring Units From the People's Republic of China: Preliminary Affirmative Determination of Circumvention of the Antidumping Duty Order AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce SUMMARY: The Department of Commerce (Commerce) preliminarily determines that imports of uncovered innerspring units (innersprings) into the United States exported from Macau, which were assembled or completed in Macau by the Macao Commercial Group using materials sourced from the People's Republic of China (China), are circumventing the antidumping duty (AD) order on innersprings from China. DATES: Applicable August 21, 2018. FOR FURTHER INFORMATION CONTACT: Matthew Renkey AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2312. SUPPLEMENTARY INFORMATION: Background On December 31, 2007, Leggett and Platt, Incorporated (the petitioner) filed a petition seeking imposition of antidumping duties on imports of uncovered innerspring units from, among other countries, China.\1\ Following the completion of investigations by Commerce and the U.S. International Trade Commission (ITC), Commerce issued an antidumping duty order on innersprings from China.\2\ --------------------------------------------------------------------------- \1\ See Uncovered Innerspring Units from the People's Republic of China, South Africa, and the Socialist Republic of Vietnam: Initiation of Antidumping Duty Investigations, 73 FR 4817 (January 28, 2008). \2\ See Uncovered Innerspring Units from the People's Republic of China: Notice of Antidumping Duty Order, 74 FR 7661 (February 19, 2009) (Order). --------------------------------------------------------------------------- In the sixth administrative review of the Order,\3\ the petitioner requested that Commerce review Macao Commercial and Industrial Spring Mattress Manufacturer (Macao Commercial) and East Grace Corporation. Commerce initiated the review on April 3, 2015,\4\ and sent questionnaires to both of the respondents under review. During the course of the sixth administrative review, and in response to Commerce's original and supplemental questionnaires, Macao Commercial acknowledged that it imports innerspring unit components from China for use in the production of innerspring units in Macau, but that it had no shipments of completed innerspring units from China to the United States.\5\ In the final results, Commerce found that Macao Commercial failed to demonstrate that it had no shipments of Chinese-origin innersprings, and assigned a rate to Macao Commercial using facts available with an adverse inference. Commerce stated that this determination applied only with respect to Macao Commercial's Chinese- origin subject merchandise, but explained that it intended to evaluate whether self-initiation of a circumvention inquiry would be warranted based upon information submitted during the review and in light of Commerce's prior circumvention findings in this proceeding.\6\ --------------------------------------------------------------------------- \3\ The sixth administrative review covered the period of review (POR) February 1, 2014, through January 31, 2015. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 80 FR 18202, 18212 (April 3, 2015). \4\ Id. \5\ See, e.g., Memorandum to the File ``Factual Information from the Sixth Administrative Review,'' dated November 22, 2016 (AR6 Factual Information Memo), at Attachment 1, Macao Commercial's July 21, 2016 Supplemental Response. In the AR6 Final Results, we found that ``Macao Commercial submitted . . . an invoice for not just raw materials but PRC-origin innerspring components from Company X.'' See Uncovered Innerspring Units from the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2014-2015, 81 FR 62729 (September 12, 2016) (AR6 Final Results), and accompanying Issues and Decision Memorandum at Comment 1. \6\ See AR6 Final Results, and accompanying Issues and Decision Memorandum at Comment 1. --------------------------------------------------------------------------- Commerce self-initiated an anti-circumvention inquiry pursuant to section 781(b) of the Tariff Act of 1930, as amended, (the Act) and 19 CFR 351.225(h) to determine whether innersprings produced by Macao Commercial in Macao from materials [[Page 42255]] originating in China and exported to the United States from Macao are circumventing the Order.\7\ For a complete description of the events that followed the initiation of this inquiry, see the Preliminary Decision Memorandum.\8\ A list of topics included in the Preliminary Decision Memorandum is included as Appendix I to this notice. 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 https://access.trade.gov, and to all parties in the Central Records Unit, Room B8024 of the main Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content. --------------------------------------------------------------------------- \7\ See Uncovered Innerspring Units from the People's Republic China: Initiation of Anticircumvention Inquiry on Antidumping Duty Order, 81 FR 83801 (November 22, 2016). \8\ See Preliminary Decision Memorandum for the Anti- circumvention Inquiry of the Antidumping Duty Order on Uncovered Innerspring Units from the People's Republic of China, dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). --------------------------------------------------------------------------- Affiliation and Collapsing As explained further in the Preliminary Decision Memorandum, we find, based on the record evidence, that Macao Commercial is affiliated, pursuant to sections 771(33)(A), (E) and (F), of the Act, with Tai Wa Machinery, Tai Wa Commercial, Wa Cheong Hong, and Heshan Tai Hua Jian Ye Machinery Co., Ltd. Further, based on Macao Commercial's own statements and record evidence, we find that, pursuant to 19 CFR 351.401(f), these companies should be treated as a single entity, the Macao Commercial Group. Scope of the Order The products covered by the Order are uncovered innerspring units. For a complete description of the scope of the Order, see the Preliminary Decision Memorandum. Scope of the Anti-Circumvention Inquiry The products covered by this inquiry are innersprings that are manufactured in Macau by the Macao Commercial Group with Chinese-origin components and materials and are then subsequently exported from Macau to the United States. Methodology Commerce is conducting this anti-circumvention inquiry in accordance with section 781(b) of the Act. For a full description of the methodology underlying the Commerce's preliminary determination, see the Preliminary Decision Memorandum. Preliminary Finding As detailed in the Preliminary Decision Memorandum, we preliminarily determine that innersprings exported from Macau, which were manufactured in Macau by the Macao Commercial Group using components and/or materials from China, are circumventing the Order. Therefore, we preliminarily determine that it is appropriate to include this merchandise within the Order and to instruct U.S. Customs and Border Protection (CBP) to suspend any entries of innersprings from Macau, which were manufactured in Macau by the Macao Commercial Group using components and/or materials from China. Suspension of Liquidation As stated above, Commerce has made a preliminary affirmative finding of circumvention of the Order by exports to the United States of innersprings exported from Macau, which were manufactured in Macau by the Macao Commercial Group using components and/or materials from China. In accordance with section 19 CFR 351.225(l)(2), Commerce will direct CBP to suspend liquidation and to require a cash deposit of estimated duties on unliquidated entries of innersprings assembled or completed in Macau from Chinese-origin components or materials that were entered, or withdrawn from warehouse, for consumption on or after November 22, 2016, the date of initiation of the anti-circumvention inquiry. The suspension of liquidation instructions will remain in effect until further notice. Commerce will instruct CBP to require AD cash deposits equal to the China-wide rate of 234.51 percent, unless the importer/exporter can demonstrate to CBP that the Chinese-origin innersprings assembled or completed in Macau by the Macao Commercial Group were supplied by a Chinese manufacturer with a separate rate. In that instance, the cash deposit rate will be the rate of the Chinese innersprings manufacturer that has its own rate.\9\ --------------------------------------------------------------------------- \9\ See Glycine from the People's Republic of China: Preliminary Partial Affirmative Determination of Circumvention of the Antidumping Duty Order and Initiation of Scope Inquiry, 77 FR 21532, 21535 (April 10, 2012). --------------------------------------------------------------------------- Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than 14 days after the publication of this preliminary determination in the Federal Register, unless the Secretary alters the time limit. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.\10\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this anti-circumvention inquiry 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. --------------------------------------------------------------------------- \10\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). --------------------------------------------------------------------------- Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party's name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. ITC Notification Commerce, consistent with section 781(e)(1)(B) of the Act and 19 CFR 351.225(f)(7)(i)(B), has notified the ITC of this preliminary determination to include the merchandise subject to this anti- circumvention inquiry within the scope of the Order. Pursuant to section 781(e)(2) of the Act, the ITC may request consultations concerning Commerce's proposed inclusion of the merchandise. If, after consultations, the ITC believes that a significant injury issue is presented by the proposed inclusion, it will have 60 days from the date of notification by Commerce to provide written advice.\11\ --------------------------------------------------------------------------- \11\ See section 781(e)(3) of the Act. --------------------------------------------------------------------------- [[Page 42256]] Notification to Interested Parties This determination is issued and published in accordance with section 781(b) of the Act and 19 CFR 351.225(f). Dated: August 9, 2018. James Maeder, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations performing the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Appendix I--List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Scope of the Anti-circumvention Inquiry V. Period of Anticircumvention Inquiry VI. Affiliation and Collapsing VII. Statutory Framework VIII. Application of Adverse Facts Available With an Adverse Inference IX. Statutory Analysis X. Recommendation [FR Doc. 2018-17784 Filed 8-20-18; 8:45 am] BILLING CODE 3510-DS-P
![42254 Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Notices
LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION OF ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT
ASSISTANCE
[08/01/2018 through 08/07/2018]
Date accepted
Firm name Firm address for Product(s)
investigation
Manufacturing Technology, Inc ...... 1702 West Washington Street, 8/3/2018 The firm manufactures friction welding machinery
South Bend, IN 46628. and provides friction welding services.
Bryce D. Jewett Machine Manufac- 2901 Maury Street, Richmond, VA 8/3/2018 The firm manufactures precision machined parts of
turing Company, Inc. d/b/a 23224. various materials, including steel, aluminum,
Jewett Machine Manufacturing brass, plastic, and composite materials.
Company, Inc.
Mountain Machine Works .............. 2589 Hotel Road, Auburn, ME 8/3/2018 The firm manufactures precision machined parts,
04210. mandrels, and rebar bending machines.
Accessory Match, Inc ..................... 600 West Maple Street, Waterloo, 8/3/2018 The firm manufactures trim items for wooden kitchen
IN 46793. cabinets, including moldings, corbels, valences,
and crown moldings.
Any party having a substantial materials sourced from the People’s review, and in response to Commerce’s
interest in these proceedings may Republic of China (China), are original and supplemental
request a public hearing on the matter. circumventing the antidumping duty questionnaires, Macao Commercial
A written request for a hearing must be (AD) order on innersprings from China. acknowledged that it imports
submitted to the Trade Adjustment DATES: Applicable August 21, 2018. innerspring unit components from
Assistance Division, Room 71030, FOR FURTHER INFORMATION CONTACT: China for use in the production of
Economic Development Administration, Matthew Renkey AD/CVD Operations, innerspring units in Macau, but that it
U.S. Department of Commerce, Office V, Enforcement and Compliance, had no shipments of completed
Washington, DC 20230, no later than ten International Trade Administration, innerspring units from China to the
(10) calendar days following publication U.S. Department of Commerce, 1401 United States.5 In the final results,
of this notice. These petitions are Constitution Avenue NW, Washington, Commerce found that Macao
received pursuant to section 251 of the DC 20230; telephone: (202) 482–2312. Commercial failed to demonstrate that it
Trade Act of 1974, as amended. SUPPLEMENTARY INFORMATION:
had no shipments of Chinese-origin
Please follow the requirements set innersprings, and assigned a rate to
forth in EDA’s regulations at 13 CFR Background Macao Commercial using facts available
315.9 for procedures to request a public On December 31, 2007, Leggett and with an adverse inference. Commerce
hearing. The Catalog of Federal Platt, Incorporated (the petitioner) filed stated that this determination applied
Domestic Assistance official number a petition seeking imposition of only with respect to Macao
and title for the program under which antidumping duties on imports of Commercial’s Chinese-origin subject
these petitions are submitted is 11.313, uncovered innerspring units from, merchandise, but explained that it
Trade Adjustment Assistance for Firms. among other countries, China.1 intended to evaluate whether self-
Following the completion of initiation of a circumvention inquiry
Irette Patterson, would be warranted based upon
investigations by Commerce and the
Program Analyst. information submitted during the
U.S. International Trade Commission
[FR Doc. 2018–17940 Filed 8–20–18; 8:45 am] (ITC), Commerce issued an antidumping review and in light of Commerce’s prior
BILLING CODE 3510–WH–P duty order on innersprings from China.2 circumvention findings in this
In the sixth administrative review of proceeding.6
the Order,3 the petitioner requested that Commerce self-initiated an anti-
DEPARTMENT OF COMMERCE Commerce review Macao Commercial circumvention inquiry pursuant to
and Industrial Spring Mattress section 781(b) of the Tariff Act of 1930,
International Trade Administration as amended, (the Act) and 19 CFR
Manufacturer (Macao Commercial) and
[A–570–928] East Grace Corporation. Commerce 351.225(h) to determine whether
initiated the review on April 3, 2015,4 innersprings produced by Macao
Uncovered Innerspring Units From the and sent questionnaires to both of the Commercial in Macao from materials
People’s Republic of China: respondents under review. During the
Preliminary Affirmative Determination course of the sixth administrative 5 See, e.g., Memorandum to the File ‘‘Factual
of Circumvention of the Antidumping Information from the Sixth Administrative
Review,’’ dated November 22, 2016 (AR6 Factual
Duty Order 1 See Uncovered Innerspring Units from the
Information Memo), at Attachment 1, Macao
People’s Republic of China, South Africa, and the Commercial’s July 21, 2016 Supplemental
AGENCY: Enforcement and Compliance, Socialist Republic of Vietnam: Initiation of Response. In the AR6 Final Results, we found that
International Trade Administration, Antidumping Duty Investigations, 73 FR 4817 ‘‘Macao Commercial submitted . . . an invoice for
Department of Commerce (January 28, 2008). not just raw materials but PRC-origin innerspring
sradovich on DSK3GMQ082PROD with NOTICES
2 See Uncovered Innerspring Units from the
components from Company X.’’ See Uncovered
SUMMARY: The Department of Commerce People’s Republic of China: Notice of Antidumping Innerspring Units from the People’s Republic of
(Commerce) preliminarily determines Duty Order, 74 FR 7661 (February 19, 2009) (Order). China: Final Results of Antidumping Duty
that imports of uncovered innerspring 3 The sixth administrative review covered the Administrative Review; 2014–2015, 81 FR 62729
units (innersprings) into the United period of review (POR) February 1, 2014, through (September 12, 2016) (AR6 Final Results), and
January 31, 2015. See Initiation of Antidumping accompanying Issues and Decision Memorandum at
States exported from Macau, which and Countervailing Duty Administrative Reviews, Comment 1.
were assembled or completed in Macau 80 FR 18202, 18212 (April 3, 2015). 6 See AR6 Final Results, and accompanying Issues
by the Macao Commercial Group using 4 Id. and Decision Memorandum at Comment 1.
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![42256 Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Notices
Notification to Interested Parties through the IBP, the ITA selects markets by U.S. Embassies and
This determination is issued and domestic trade shows which will Consulates. The DOC is authorized to
published in accordance with section receive ITA services in the form of provide successful applicants with
781(b) of the Act and 19 CFR 351.225(f). global promotion in foreign markets, services in the form of overseas
recruitment of foreign buyers, and promotion of the show; outreach to
Dated: August 9, 2018. provision of export counseling to show participants about exporting;
James Maeder, exhibitors at the trade show. This notice recruitment of potential buyers to attend
Associate Deputy Assistant Secretary for covers selection for IBP participation the events; and staff assistance in setting
Antidumping and Countervailing Duty during quarters 2 and 3 of calendar year up international trade centers at the
Operations performing the duties of Deputy 2019. shows. Worldwide promotion is
Assistant Secretary for Antidumping and executed through ITA offices at U.S.
DATES: Applications for the IBP for
Countervailing Duty Operations.
quarters 2 and 3 of calendar year 2019 Embassies and Consulates in more than
Appendix I—List of Topics Discussed in must be received by October 5, 2018. 70 countries representing the United
the Preliminary Decision Memorandum ADDRESSES: The application form can be States’ major trading partners, and also
found at www.export.gov/ibp. in Embassies in countries where ITA
I. Summary does not maintain offices.
II. Background
Applications may be submitted by any
of the following methods: (1) Mail/Hand ITA is accepting applications from
III. Scope of the Order trade show organizers for the IBP for
IV. Scope of the Anti-circumvention Inquiry (including express) Delivery Service:
International Buyer Program, Trade trade shows taking place between April
V. Period of Anticircumvention Inquiry
VI. Affiliation and Collapsing Promotion Programs, International 1, 2019, and September 30, 2019.
VII. Statutory Framework Trade Administration, U.S. Department Selection of a trade show is valid for
VIII. Application of Adverse Facts Available of Commerce, 1401 Constitution Ave. one show, i.e., a trade show organizer
With an Adverse Inference NW, Mailstop 52024, Washington, DC seeking selection for a recurring show
IX. Statutory Analysis 20230; or (2) email: IBP2019@trade.gov. must submit a new application for
X. Recommendation Email applications will be accepted as selection for each occurrence of the
[FR Doc. 2018–17784 Filed 8–20–18; 8:45 am] interim applications, but must be show. For shows that occur more than
BILLING CODE 3510–DS–P followed by a signed original once in a calendar year, the trade show
application that is received by the organizer must submit a separate
program no later than five (5) business application for each show.
DEPARTMENT OF COMMERCE For the IBP in quarters 2 and 3 of
days after the application deadline. To
calendar year 2019, the ITA expects to
ensure that applications are received by
International Trade Administration select approximately 8 shows from
the deadline, applicants are strongly
among the applicants. The ITA will
[Docket No.: 180719677–8677–01] urged to send applications by express
select those shows that are determined
delivery service (e.g., U.S. Postal Service
Call for Applications for the to most clearly meet the statutory
Express Delivery, Federal Express, UPS,
International Buyer Program Quarters mandate in 15 U.S.C. 4721 to promote
etc.).
2 and 3 Calendar Year 2019 U.S. exports, especially those of small-
FOR FURTHER INFORMATION CONTACT: and medium-sized enterprises, and the
AGENCY: Industry and Analysis, Vidya Desai, Senior Advisor for Trade selection criteria articulated below.
International Trade Administration, Events, Trade Promotion Programs, There is no fee required to submit an
Department of Commerce. International Trade Administration, application. If accepted into the
ACTION: Notice and call for applications. U.S. Department of Commerce, 1401 program for quarter 2 or 3 of calendar
Constitution Ave. NW, Washington, DC year 2019, a participation fee of $9,800
SUMMARY: In this notice, the U.S. 20230; Telephone (202) 482–2311; is required for shows of five days or
Department of Commerce (DOC) Email: IBP2019@trade.gov. fewer. For trade shows more than five
International Trade Administration SUPPLEMENTARY INFORMATION: The IBP days in duration, or requiring more than
(ITA) announces that it will accept was established in the Omnibus Trade one International Trade Center, a
applications for the International Buyer and Competitiveness Act of 1988 (Pub. participation fee of $15,000 is required.
Program (IBP) for quarters 2 and 3 of L. 100–418, title II, § 2304, codified at For trade shows ten days or more in
calendar year 2019 (April 1, 2019, 15 U.S.C. 4724) to bring international duration, and/or requiring more than
through September 30, 2019). The IBP is buyers together with U.S. firms by two International Trade Centers, the
currently undergoing a program review promoting leading U.S. trade shows in participation fee will be determined by
that may result in new ITA products industries with high export potential. DOC and stated in the written
and services for trade shows and it will The IBP emphasizes cooperation notification of acceptance calculated on
take ITA some time to implement the between the DOC and trade show a full cost recovery basis. Successful
recommended changes. Therefore, IBP organizers to benefit U.S. firms applicants will be required to enter into
is only moving forward with the current exhibiting at selected shows and a Memorandum of Agreement (MOA)
program until September 30, 2019. provides practical, hands-on assistance with ITA within 10 days of written
Should the program review result in such as export counseling and market notification of acceptance into the
new ITA products and services for trade analysis to U.S. companies interested in program. The participation fee (by check
shows, they will be announced exporting. Shows selected for the IBP or credit card) is due within 30 days of
separately in the Federal Register. This
sradovich on DSK3GMQ082PROD with NOTICES
will provide a venue for U.S. companies written notification of acceptance into
announcement also sets out the interested in expanding their sales into the program.
objectives, procedures and application international markets. The MOA constitutes an agreement
review criteria for the IBP. The purpose Through the IBP, ITA selects U.S. between ITA and the show organizer
of the IBP is to bring international trade shows, with participation by U.S. specifying which responsibilities for
buyers together with U.S. firms in firms interested in exporting, that ITA international promotion and export
industries with high export potential at determines to be leading international assistance services at the trade shows
leading U.S. trade shows. Specifically, trade shows, for promotion in overseas are to be undertaken by ITA as part of
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Document Created: 2018-08-21 00:08:11
Document Modified: 2018-08-21 00:08:11
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable August 21, 2018. | |
| Contact | Matthew Renkey AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2312. | |
| FR Citation | 83 FR 42254 |
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