83 FR 55144 - Uncovered Innerspring Units From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review; 2017-2018

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 213 (November 2, 2018)

The Department of Commerce (Commerce) preliminarily determines that, for the two companies subject to this review, Foshan Nanhai Jolyspring (Foshan Nanhai) is a part of the China-wide entity and Comfort Coil Technology Sdn. Bhd. (Comfort Coil) had no shipments during the period of review (POR), February 1, 2017, through January 31, 2018. Interested parties are invited to comment on these preliminary results.

[Federal Register Volume 83, Number 213 (Friday, November 2, 2018)]
[Notices]
[Pages 55144-55146]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24013]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-928]


Uncovered Innerspring Units From the People's Republic of China: 
Preliminary Results of the Antidumping Duty Administrative Review; 
2017-2018

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that, for the two companies subject to this review, Foshan Nanhai 
Jolyspring (Foshan Nanhai) is a part of the China-wide entity and 
Comfort Coil Technology Sdn. Bhd. (Comfort Coil) had no shipments 
during the period of review (POR), February 1, 2017, through January 
31, 2018. Interested parties are invited to comment on these 
preliminary results.

FOR FURTHER INFORMATION CONTACT: Christian Llinas, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW, 
Washington, DC 20230; telephone: 202.482.4877.

SUPPLEMENTARY INFORMATION:

Background

    On April 16, 2018, Commerce published in the Federal Register a 
notice of initiation of an administrative review of the antidumping 
duty order on uncovered innerspring units from the People's Republic of 
China.\1\ Commerce initiated a review with respect to two companies: 
Comfort Coil Technology Sdn. Bhd. (Comfort Coil) and Foshan Nanhai 
Jolyspring (Foshan Nanhai).\2\ On May 11, 2018, Commerce issued its 
questionnaire to Comfort Coil and Foshan Nanhai.\3\ The questionnaire 
for Comfort Coil was undeliverable,\4\ and based on an alternate 
address provided by the petitioner,\5\ on July 5, 2018, we resent the 
questionnaire to Comfort Coil.\6\ We confirmed delivery of the 
questionnaires to both respondents.\7\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 16298 (April 16, 2018) (Initiation 
Notice); see also Uncovered Innerspring Units from the People's 
Republic of China: Notice of Antidumping Duty Order, 74 FR 7661 
(February 19, 2009).
    \2\ See Initiation Notice.
    \3\ See Commerce's Letters to Comfort Coil and Foshan Nanhai, 
dated May 11, 2017.
    \4\ See Memorandum to the File, ``Ninth Antidumping Duty 
Administrative Review of Uncovered Innerspring Units from the 
People's Republic of China: Initial AD Questionnaire,'' dated June 
1, 2018.
    \5\ See the petitioner's Letter to Commerce, ``Ninth Antidumping 
Duty Administrative Review of Uncovered Innerspring Units from the 
People's Republic of China: Alternative Address for Initial AD 
Questionnaire'' (June 4, 2018).
    \6\ See Letter from Commerce, ``Ninth Administrative Review of 
Uncovered Innerspring Units from the People's Republic of China: 
Initial AD Questionnaire'' (July 5, 2018).
    \7\ See Memorandum to the File, ``Ninth Antidumping Duty 
Administrative Review of Uncovered Innerspring Units from the 
People's Republic of China: Initial AD Questionnaire,'' dated June 
1, 2018; Memorandum to the File, ``Ninth Antidumping Duty 
Administrative Review of Uncovered Innerspring Units from the 
People's Republic of China: FedEx Delivery Receipt,'' (October 22, 
2018).
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    On July 11, 2018, Comfort Coil stated it had ``no sales, exports, 
or entries of subject merchandise during the period of review.'' \8\ On 
July 30, 2018, Commerce issued a no shipment inquiry to U.S. Customs 
and Border Protection (CBP) with respect to Comfort Coil, and CBP 
reported no entries for the company during the POR.\9\ Foshan Nanhai 
never responded to the questionnaire, nor did it contact Commerce to 
state that it was unable to respond or to request an extension of time 
to do so.
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    \8\ See Letter to Commerce, ``Uncovered Innerspring Units from 
the People's Republic of China--No Sales Certification'' (July 11, 
2018).
    \9\ See Commerce's Memorandum, ``No shipment inquiry'' (August 
1, 2018).
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Scope of the Order

    The merchandise subject to the order is uncovered innerspring units 
composed of a series of individual metal springs joined together in 
sizes corresponding to the sizes of adult mattresses (e.g., twin, twin 
long, full, full long, queen, California king, and king) and units used 
in smaller constructions, such as crib and youth mattresses. The 
product is currently classified under subheading 9404.29.9010 and has 
also been classified under subheadings 9404.10.0000, 9404.29.9005, 
9404.29.9011, 7326.20.0070, 7326.20.0090, 7320.20.5010, 7320.90.5010, 
or 7326.20.0071 of the Harmonized Tariff Schedule of the United States 
(HTSUS). The HTSUS subheadings are provided for convenience and customs 
purposes only; the written description of the scope of the order is 
dispositive.\10\
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    \10\ For a full description of the scope of the order, see the 
Department Memorandum, ``Decision Memorandum for Preliminary Results 
of 2017-2018 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 Memo).
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). For a 
full description of the methodology underlying our conclusions, please 
see the Preliminary Decision Memo. The Preliminary Decision Memo is a 
public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
http://access.trade.gov and is available to all parties in the Central 
Records Unit, Room B8024 of the main Commerce building. In addition, a 
complete version of the Preliminary Decision Memo can be accessed 
directly on the internet at http://enforcement.trade.gov/frn/. The 
signed Preliminary Decision Memo and the electronic version are 
identical in content.

Preliminary Determination of No Shipments

    On July 11, 2018, Comfort Coil filed a no shipment certification, 
indicating that it did not export subject merchandise to the United 
States during the POR. During the course of this review, Commerce 
examined this no shipments claim and provides its analysis in the 
Preliminary Decision

[[Page 55145]]

Memo. Based on the record evidence, we preliminarily determine that 
Comfort Coil had no shipments during the POR. In addition, consistent 
with our practice in non-market economy cases, Commerce is not 
rescinding this review for Comfort Coil, but intends to complete the 
review with respect to Comfort Coil and issue appropriate instructions 
to CBP based on the final results of the review.\11\ Should evidence 
contrary to Comfort Coil's no-shipments claims arise, we will address 
the issue in the final results.
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    \11\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-65695 (October 24, 2011) 
(Reseller Policy).
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Preliminary Results of Review

    Because Foshan Nanhai did not respond to the questionnaire, 
Commerce preliminarily determines that Foshan Nanhai is not eligible 
for a separate rate and is a part of the China-wide entity. We are not 
conducting a review of the China-wide entity. Thus, the weighted-
average dumping margin for the China-wide entity (234.51 percent) \12\ 
is not subject to change as a result of this review. Accordingly, the 
pre-existing China-wide rate of 234.51 percent will apply to entries of 
Foshan Nanhai's subject merchandise into the United States during the 
POR.
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    \12\ See Uncovered Innerspring Units from the People's Republic 
of China: Final Results of Antidumping Duty Administrative Review; 
2012-2013, 79 FR 56338, (September 19, 2014).
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Public Comment \13\
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    \13\ Normally, Commerce 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, in this review there are no calculations to 
disclose.
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    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\ An electronically filed document must 
be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern 
Standard Time on the due dates set forth in this notice.
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    \14\ See 19 CFR 351.309(d).
    \15\ See 19 CFR 351.309(c)(2) and (d)(2).
    \16\ See 19 CFR 351.303.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to 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, Commerce 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.
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    \17\ See 19 CFR 351.310(d).
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    Unless extended, Commerce 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 and rebuttal briefs, within 
120 days of publication of these preliminary results in the Federal 
Register, pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results, Commerce will determine, and 
CBP shall assess, antidumping duties on all appropriate entries covered 
by this review.\18\ Commerce 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 China).
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    \18\ See 19 CFR 351.212(b)(1).
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    If we continue to find that Comfort Coil had no shipments during 
the period of review in the final results, Commerce will direct CBP to 
liquidate and assess antidumping duties on all entries made during the 
period of review claiming Comfort Coil as the exporter or producer in 
accordance with the Reseller Policy, i.e., at the rate for the China-
wide entity.\19\
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    \19\ See Reseller Policy.
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for 
shipments of the subject merchandise from China 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 
previously investigated or reviewed Chinese and non-Chinese exporters 
of subject merchandise 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; (2) for all Chinese exporters of subject merchandise 
that have not been found to be entitled to a separate rate, i.e., 
Foshan Nanhai, the cash deposit rate will be the China-wide rate of 
234.51 percent; and (3) for all non-Chinese exporters of subject 
merchandise which have not received their own rate, the cash deposit 
rate will be the rate applicable to the Chinese exporter that supplied 
that non-Chinese 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 Commerce'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 29, 2018.
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

I. Summary
II. Background
III. Scope of the Order

[[Page 55146]]

IV. Preliminary Determination of No Shipments
V. NME Country Status
VI. Conclusion

[FR Doc. 2018-24013 Filed 11-1-18; 8:45 am]
BILLING CODE 3510-DS-P