83 FR 8967 - Uncovered Innerspring Units From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2016-2017

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 42 (March 2, 2018)

Page Range8967-8968
FR Document2018-04287

For the final results of this review, the Department of Commerce (Commerce) continues to apply adverse facts available (AFA) to PT Sunhere Buana International's (PT Sunhere) exports of uncovered innerspring units (innersprings) from the People's Republic of China (China).

Federal Register, Volume 83 Issue 42 (Friday, March 2, 2018)
[Federal Register Volume 83, Number 42 (Friday, March 2, 2018)]
[Notices]
[Pages 8967-8968]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04287]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-928]


Uncovered Innerspring Units From the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review; 2016-2017

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

SUMMARY: For the final results of this review, the Department of 
Commerce (Commerce) continues to apply adverse facts available (AFA) to 
PT Sunhere Buana International's (PT Sunhere) exports of uncovered 
innerspring units (innersprings) from the People's Republic of China 
(China).

DATES: Applicable March 2, 2018.

FOR FURTHER INFORMATION CONTACT: Paul Walker, 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) 482-0413.

SUPPLEMENTARY INFORMATION: 

Background

    On November 7, 2017, Commerce published the Preliminary Results of 
the eighth administrative review of innersprings from China, for the 
period of review (POR), February 1, 2016, through January 31, 2017.\1\ 
We invited parties to submit comments on the Preliminary Results, but 
we received no comments. Commerce conducted this administrative review 
in accordance with section 751 of the Tariff Act of 1930, as amended 
(the Act).
---------------------------------------------------------------------------

    \1\ See 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 
(November 7, 2017) and accompanying Preliminary Decision Memorandum 
(PDM) (collectively, Preliminary Results).
---------------------------------------------------------------------------

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).\2\ The 
HTSUS subheadings are provided for convenience and customs purposes 
only; the written description of the scope of the order is 
dispositive.\3\
---------------------------------------------------------------------------

    \2\ Based on a recommendation by CBP, on September 6, 2017, 
Commerce added HTS 7326.20.0090 to the scope. See Memo to the File, 
from Kenneth Hawkins, Case Analyst, ``Request from Customs and 
Border Protection to Update the ACE AD/CVD Case Reference File, 
Uncovered Innersprings from the People's Republic of China (A-570-
928) and South Africa (A-791-821),'' dated September 6, 2017.
    \3\ For a full description of the scope of the Order, see PDM at 
3-4.
---------------------------------------------------------------------------

Analysis of Comments Received

    As noted above, we received no comments on the Preliminary Results.

Changes Since the Preliminary Results

    As no parties submitted comments on the Preliminary Results, 
Commerce has not modified its analysis from that presented in the 
Preliminary Results, and no decision memorandum accompanies this 
Federal Register notice. Further, Commerce has made no changes to the 
application of AFA to PT Sunhere's exports of China-origin 
innersprings.\4\ As noted in the Preliminary Results, in selecting an 
AFA rate, Commerce's practice has been to assign non-cooperative 
respondents the highest margin determined for any party in the LTFV 
investigation or in any administrative review; \5\ thus, we assigned PT 
Sunhere's exports of China-origin innersprings an individual rate of 
234.51 percent based on total AFA, which is the highest rate on the 
record in this proceeding.\6\
---------------------------------------------------------------------------

    \4\ PT Sunhere is not a Chinese exporter of subject merchandise. 
See PDM at 1. As such, we are not treating PT Sunhere as a part of 
the China-wide entity, but rather have assigned a rate to PT Sunhere 
as a market economy reseller.
    \5\ See PDM at 6; Non-Malleable Cast Iron Pipe Fittings from the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review, 71 FR 69546 (December 1, 2006) and 
accompanying IDM at Comment 1.
    \6\ 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).
---------------------------------------------------------------------------

Assessment Rates

    We have not calculated any assessment (or cash deposit) rates in 
this administrative review, because we applied AFA to PT Sunhere. 
Commerce intends to issue assessment instructions to CBP 15 days after 
the publication date of the final results of this administrative 
review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise from China entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For PT Sunhere's 
Chinese-origin merchandise, the cash deposit rate will be 234.51 
percent); (2) for previously investigated or reviewed Chinese and non-
Chinese 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; (3) for all Chinese 
exporters of subject merchandise that have not been found to be 
entitled to a separate rate, the cash deposit rate will be that for the 
China-wide entity (i.e., 234.51 percent); and (4) for all non-Chinese 
exporters of subject merchandise that 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.

Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with the final results within five days of its 
public announcement, or if there is no public announcement, within five 
days of the date of publication of this notice in accordance with 19 
CFR 351.224(b). However, because Commerce applied AFA to PT Sunhere, 
there are no calculations to disclose.

Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties

[[Page 8968]]

occurred and the subsequent assessment of double antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return or 
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and the 
terms of an APO is a violation subject to sanction.

Notification to Interested Parties

    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(h) and 
351.221(b)(5).

    Dated: February 23, 2018.
Prentiss Lee Smith,
Deputy Assistant Secretary for Policy and Negotiations.
[FR Doc. 2018-04287 Filed 3-1-18; 8:45 am]
 BILLING CODE 3510-DS-P


Current View
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
DatesApplicable March 2, 2018.
ContactPaul Walker, 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) 482-0413.
FR Citation83 FR 8967 

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR