Uncovered Innerspring Units from the Socialist Republic of Vietnam: Notice of Final Determination of Sales at Less Than Fair Value, 62479-62481 [E8-25027]
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Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Notices
will be the rate established for the most
recent period for the manufacturer of
the merchandise; and (4) if neither the
exporter nor the manufacturer is a firm
covered in this review, the cash-deposit
rate will be 7.31 percent, the all-others
rate established in Notice of Amended
Final Determination of Sales at Less
Than Fair Value: Certain Polyester
Staple Fiber From the Republic of Korea
and Antidumping Duty Orders: Certain
Polyester Staple Fiber From the
Republic of Korea and Taiwan, 65
FR33807 (May 25, 2000). These cashdeposit requirements shall remain in
effect until further notice.
Notification to Importers
Notification Regarding Administrative
Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
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 sanctionable violation.
We are issuing and publishing these
results and this notice in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: October 14, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
APPENDIX I
mstockstill on PROD1PC66 with NOTICES
List of Comments in the Decision
Memorandum
Comment 1: Date of Sale
Comment 2: Classification of Sales
Comment 3: Grade Designations
Comment 4: Home-Market Credit
Expenses
Comment 5: Verification Findings
VerDate Aug<31>2005
17:06 Oct 20, 2008
Comment 6: U.S. Actual Credit
Expenses
December 2007. See 19 CFR
351.204(b)(1).
[FR Doc. E8–24903 Filed 10–20–08; 8:45 am]
Scope of Investigation
The merchandise covered by this
investigation 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. All uncovered innerspring
units are included in this scope
regardless of width and length. Included
within this definition are innersprings
typically ranging from 30.5 inches to 76
inches in width and 68 inches to 84
inches in length. Innersprings for crib
mattresses typically range from 25
inches to 27 inches in width and 50
inches to 52 inches in length.
Uncovered innerspring units are
suitable for use as the innerspring
component in the manufacture of
innerspring mattresses, including
mattresses that incorporate a foam
encasement around the innerspring.
Pocketed and non–pocketed
innerspring units are included in this
definition. Non–pocketed innersprings
are typically joined together with helical
wire and border rods. Non–pocketed
innersprings are included in this
definition regardless of whether they
have border rods attached to the
perimeter of the innerspring. Pocketed
innersprings are individual coils
covered by a ‘‘pocket’’ or ‘‘sock’’ of a
nonwoven synthetic material or woven
material and then glued together in a
linear fashion.
Uncovered innersprings are classified
under subheading 9404.29.9010 and
have also been classified under
subheadings 9404.10.0000,
7326.20.00.70, 7320.20.5010, or
7320.90.5010 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 this proceeding is dispositive.
BILLING CODE 3510–DS–M
DEPARTMENT OF COMMERCE
International Trade Administration
A–552–803
Uncovered Innerspring Units from the
Socialist Republic of Vietnam: Notice
of Final Determination of Sales at Less
Than Fair Value
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: October 21, 2008.
SUMMARY: The Department of Commerce
(‘‘the Department’’) determines that
imports of uncovered innerspring units
from the Socialist Republic of Vietnam
(‘‘Vietnam’’) are being, or are likely to
be, sold in the United States at less than
fair value, as provided in section 735 of
the Tariff Act of 1930, as amended (‘‘the
Act’’). The final weighted–average
dumping margins are listed below in the
section entitled ‘‘Final Determination of
Investigation.’’
FOR FURTHER INFORMATION CONTACT:
Eugene Degnan or Robert Bolling, AD/
CVD Operations, Office 8, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–0414 or (202) 482–
3434, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
This notice 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 the Secretary’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of doubled antidumping
duties.
Jkt 217001
62479
Background
On August 6, 2008, the Department
published the preliminary
determination of sales at less than fair
value (‘‘LTFV’’) in the antidumping
investigation of uncovered innerspring
units from Vietnam. See Uncovered
Innerspring Units from the Socialist
Republic of Vietnam: Notice of
Preliminary Determination of Sales at
Less Than Fair Value, 73 FR 45738
(August 6, 2008) (‘‘Preliminary
Determination’’). We invited parties to
comment on the Preliminary
Determination. We did not receive any
case or rebuttal briefs from any
interested parties.
Period of Investigation
The POI is April 1, 2007, through
September 30, 2007. This period
corresponds to the two most recent
fiscal quarters prior to the month of the
filing of the petition, which was
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
Scope–Clarification Request
Caye Home Furnishings LLC (Caye
Furnishings), a U.S. manufacturer of
living room furniture, requested that we
clarify the scope language of the
antidumping duty investigations on
uncovered innerspring units from the
People’s Republic of China, South
Africa, and the Socialist Republic of
Vietnam. See August 25, 2008, letter
from Caye Furnishings. Specifically,
Caye Furnishings requested that we
modify the scope of the investigations to
exclude springs and individually
E:\FR\FM\21OCN1.SGM
21OCN1
mstockstill on PROD1PC66 with NOTICES
62480
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Notices
wrapped pocket coils for upholstery
seating that are not suitable for
mattresses or mattress supports.
Caye Furnishings asserted that the
reference to mattresses in the scope
language makes clear that the petitioner
intended to cover innersprings that are
used in the manufacture of innerspring
mattresses and did not intend to cover
innersprings that are not suitable for use
in mattresses or mattress supports. Caye
Furnishings asserted that innersprings
and individually wrapped pocket coils
that it imports for use in upholstery
seating in the manufacture of living
room furniture are not suitable for
mattresses or mattress supports. Caye
Furnishings also explained that,
although the products it imports are
normally classified under subheading
7320.20.5020 of the HTSUS, which is
not one of the HTSUS subheadings
covered by the scope of the
investigations, the scope description as
written could result in the treatment of
its imports as subject merchandise.
In its September 11, 2008, comments
on the issue, the petitioner stated that it
believes the scope language is clear and
that the merchandise described by Caye
Furnishings is outside the scope of the
investigations. The petitioner stated,
however, that it does not object to the
clarification of the scope for the reasons
Caye Furnishings cited. In its September
17, 2008, comments, in response to the
alternative versions of the scope–
clarification language that we proposed,
See Memorandum to the File, dated
September 16, 2008. the petitioner
stated that it does not object to
amending the scope description of the
investigations by excluding individual
springs and individually wrapped
pocket coils for upholstery seating (the
petitioner stated that it objects to the
proposed language which excludes any
mention of end–use of the
merchandise).
We have considered the various
alternatives on the record for
modifications of the scope language. In
addition to the difficulties associated
with administering antidumping duty
orders with end–use as a basis for
whether certain products may be
considered subject merchandise, we
agree with the petitioner that the
merchandise Caye Furnishings
described in its request is not within the
scope of the investigations. Therefore,
we have not modified the scope
language as suggested by any of the
parties.
Adverse Facts Available
As we explained in the Preliminary
Determination, the Department issued a
quantity and value (‘‘Q&V’’)
VerDate Aug<31>2005
17:06 Oct 20, 2008
Jkt 217001
questionnaire (via DHL) to all exporters
identified in the petition. Out of the
eleven exporters to whom the
Department issued its Q&V
questionnaire, only three responded
(i.e., Yang Ching Enterprise Co., Ltd.
(‘‘Yang Ching’’), Uu Viet Co., Ltd. (‘‘Uu
Viet’’), and Dong Bang Stainless Steel
Co. Ltd (‘‘Dong Bang’’)). Each of the
responding exporters stated that they
did not export innersprings to the
United States during the POI. Also,
according to DHL’s tracking system the
remaining eight exporters received the
Department’s Q&V questionnaire.
Record evidence indicates there were
imports into the United States of
innersprings from Vietnam. Based on
the above facts, we have determined
that there were exports of the subject
merchandise under investigation from
Vietnamese producers/exporters that
did not respond to the Department’s
questionnaire, and we are treating these
Vietnamese producers/exporters as part
of the countrywide entity. Additionally,
because we have determined that the
non–responding companies are part of
the Vietnam–wide entity, the Vietnam–
wide entity is under investigation.
Further, pursuant to section 776(a)(2) of
the Act, we find that because the
Vietnam–wide entity (including the
eight companies discussed above) failed
to respond to the Department’s Q&V
questionnaire, withheld or failed to
provide information in a timely manner
or in the form or manner requested by
the Department, and otherwise impeded
the proceeding, it is, therefore,
appropriate to apply a dumping margin
to the Vietnam–wide entity using the
facts otherwise available on the record
pursuant to section 776(a)(2) of the Act.
See Preliminary Determination, 73 FR at
45740. Additionally, because these
parties failed to respond to our requests
for information and did not act to the
best of their ability, we find an adverse
inference is appropriate, pursuant to
section 776(b) of the Act.
As we explained in the Preliminary
Determination, the rate of 116.31
percent that we selected as the adverse
facts–available rate for the Vietnam–
wide entity is the margin alleged in the
petition. See Petitions on Uncovered
Innerspring Units from China, South
Africa, and Vietnam, dated (December
31, 2007) (‘‘Petition’’); Supplement to
the Petition (January 11, 2008); and
Antidumping Investigation Initiation
Checklist: Uncovered Innerspring Units
from South Africa, (January 22, 2008),
which is on file in Import
Administration’s Central Records Unit,
Room 1117, of the main Department of
Commerce building. See also Uncovered
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
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). Further, as discussed in the
Preliminary Determination, we
corroborated the adverse facts–available
rate pursuant to section 776(c) of the
Act. See Preliminary Determination, 73
FR at 45741.
Final Determination
The weighted–average dumping
margin is as follows:
Manufacturer/exporter
Margin (percent)
Vietnam–Wide Rate ......
116.31
Continuation of Suspension of
Liquidation
Pursuant to section 735(c)(1)(B) of the
Act and 19 CFR 351.211(b), we will
instruct U.S. Customs and Border
Protection (‘‘CBP’’) to continue to
suspend liquidation of all entries of
subject merchandise from Vietnam
entered, or withdrawn from warehouse,
for consumption on or after August 6,
2008, the date of publication of the
Preliminary Determination. We will
instruct CBP to require a cash deposit or
the posting of a bond equal to the
weighted–average margin, as follows:
the rate for all producers or exporters
will be 116.31 percent. These
suspension–of-liquidation instructions
will remain in effect until further notice.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we have notified the
International Trade Commission (ITC) of
our final determination. As our final
determination is affirmative and in
accordance with section 735(b)(2)(B) of
the Act, the ITC will determine, within
45 days, whether the domestic industry
in the United States is materially
injured, or threatened with material
injury, by reason of imports or sales (or
the likelihood of sales) for importation
of the subject merchandise. If the ITC
determines that material injury or threat
of material injury does not exist, the
proceeding will be terminated and all
securities posted will be refunded or
canceled. If the ITC determines that
such injury does exist, the Department
will issue an antidumping duty order
directing CBP to assess antidumping
duties on all imports of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the effective date of the suspension
of liquidation.
E:\FR\FM\21OCN1.SGM
21OCN1
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Notices
Notification Regarding APO
This notice also serves as a reminder
to parties subject to administrative
protective order (‘‘APO’’) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305. Timely
notification of return/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
sanctionable violation.
This determination is issued and
published pursuant to sections 735(d)
and 777(i)(1) of the Act.
Dated: October 14, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E8–25027 Filed 10–20–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
A–791–821
Notice of Final Determination of Sales
at Less Than Fair Value: Uncovered
Innerspring Units from South Africa
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: October 21, 2008.
SUMMARY: The Department of Commerce
determines that imports of uncovered
innerspring units from South Africa are
being, or are likely to be, sold in the
United States at less than fair value, as
provided in section 735 of the Tariff Act
of 1930, as amended (the Act). The final
weighted–average dumping margins are
listed below in the section entitled
‘‘Final Determination of Investigation.’’
FOR FURTHER INFORMATION CONTACT:
Dmitry Vladimirov or Minoo Hatten,
AD/CVD Operations, Office 5, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–0665 or (202) 482–
1690, respectively.
SUPPLEMENTARY INFORMATION:
mstockstill on PROD1PC66 with NOTICES
AGENCY:
Background
On August 6, 2008, the Department of
Commerce (the Department) published
the preliminary determination of sales
at less than fair value (LTFV) in the
antidumping investigation of uncovered
innerspring units from South Africa. See
Notice of Preliminary Determination of
Sales at Less Than Fair Value:
VerDate Aug<31>2005
17:06 Oct 20, 2008
Jkt 217001
Uncovered Innerspring Units from
South Africa, 73 FR 45741 (August 6,
2008) (Preliminary Determination). We
invited parties to comment on the
Preliminary Determination. We did not
receive any case or rebuttal briefs from
any interested parties.
Period of Investigation
The period of investigation (POI) is
October 1, 2006, through September 30,
2007.
Scope of Investigation
The merchandise covered by this
investigation 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. All uncovered innerspring
units are included in this scope
regardless of width and length. Included
within this definition are innersprings
typically ranging from 30.5 inches to 76
inches in width and 68 inches to 84
inches in length. Innersprings for crib
mattresses typically range from 25
inches to 27 inches in width and 50
inches to 52 inches in length.
Uncovered innerspring units are
suitable for use as the innerspring
component in the manufacture of
innerspring mattresses, including
mattresses that incorporate a foam
encasement around the innerspring.
Pocketed and non–pocketed
innerspring units are included in this
definition. Non–pocketed innersprings
are typically joined together with helical
wire and border rods. Non–pocketed
innersprings are included in this
definition regardless of whether they
have border rods attached to the
perimeter of the innerspring. Pocketed
innersprings are individual coils
covered by a ‘‘pocket’’ or ‘‘sock’’ of a
nonwoven synthetic material or woven
material and then glued together in a
linear fashion.
Uncovered innersprings are classified
under subheading 9404.29.9010 and
have also been classified under
subheadings 9404.10.0000,
7326.20.00.70, 7320.20.5010, or
7320.90.5010 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 this proceeding is dispositive.
Scope–Clarification Request
Caye Home Furnishings LLC (Caye
Furnishings), a U.S. manufacturer of
living room furniture, requested that we
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
62481
clarify the scope language of the
antidumping duty investigations on
uncovered innerspring units from the
People’s Republic of China, South
Africa, and the Socialist Republic of
Vietnam.1 Specifically, Caye
Furnishings requested that we modify
the scope of the investigations to
exclude springs and individually
wrapped pocket coils for upholstery
seating that are not suitable for
mattresses or mattress supports.
Caye Furnishings asserted that the
reference to mattresses in the scope
language makes clear that the petitioner
intended to cover innersprings that are
used in the manufacture of innerspring
mattresses and did not intend to cover
innersprings that are not suitable for use
in mattresses or mattress supports. Caye
Furnishings asserted that innersprings
and individually wrapped pocket coils
that it imports for use in upholstery
seating in the manufacture of living
room furniture are not suitable for
mattresses or mattress supports. Caye
Furnishings also explained that,
although the products it imports are
normally classified under subheading
7320.20.5020 of the HTSUS, which is
not one of the HTSUS subheadings
covered by the scope of the
investigations, the scope description as
written could result in the treatment of
its imports as subject merchandise.
In its September 11, 2008, comments
on the issue, the petitioner stated that it
believes the scope language is clear and
that the merchandise described by Caye
Furnishings is outside the scope of the
investigations. The petitioner stated,
however, that it does not object to the
clarification of the scope for the reasons
Caye Furnishings cited. In its September
17, 2008, comments, in response to the
alternative versions of the scope–
clarification language that we
proposed,2 the petitioner stated that it
does not object to amending the scope
description of the investigations by
excluding individual springs and
individually wrapped pocket coils for
upholstery seating (the petitioner stated
that it objects to the proposed language
which excludes any mention of end–use
of the merchandise).
We have considered the various
alternatives on the record for
modifications of the scope language. In
addition to the difficulties associated
with administering antidumping duty
orders with end–use as a basis for
whether certain products may be
considered subject merchandise, we
1 See August 25, 2008, letter from Caye
Furnishings.
2 See Memorandum to the File, dated September
16, 2008.
E:\FR\FM\21OCN1.SGM
21OCN1
]]>Agencies
[Federal Register Volume 73, Number 204 (Tuesday, October 21, 2008)]
[Notices]
[Pages 62479-62481]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-25027]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
A-552-803
Uncovered Innerspring Units from the Socialist Republic of
Vietnam: Notice of Final Determination of Sales at Less Than Fair Value
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: October 21, 2008.
SUMMARY: The Department of Commerce (``the Department'') determines
that imports of uncovered innerspring units from the Socialist Republic
of Vietnam (``Vietnam'') are being, or are likely to be, sold in the
United States at less than fair value, as provided in section 735 of
the Tariff Act of 1930, as amended (``the Act''). The final weighted-
average dumping margins are listed below in the section entitled
``Final Determination of Investigation.''
FOR FURTHER INFORMATION CONTACT: Eugene Degnan or Robert Bolling, AD/
CVD Operations, Office 8, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
0414 or (202) 482-3434, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 6, 2008, the Department published the preliminary
determination of sales at less than fair value (``LTFV'') in the
antidumping investigation of uncovered innerspring units from Vietnam.
See Uncovered Innerspring Units from the Socialist Republic of Vietnam:
Notice of Preliminary Determination of Sales at Less Than Fair Value,
73 FR 45738 (August 6, 2008) (``Preliminary Determination''). We
invited parties to comment on the Preliminary Determination. We did not
receive any case or rebuttal briefs from any interested parties.
Period of Investigation
The POI is April 1, 2007, through September 30, 2007. This period
corresponds to the two most recent fiscal quarters prior to the month
of the filing of the petition, which was December 2007. See 19 CFR
351.204(b)(1).
Scope of Investigation
The merchandise covered by this investigation 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. All uncovered innerspring units are included in this scope
regardless of width and length. Included within this definition are
innersprings typically ranging from 30.5 inches to 76 inches in width
and 68 inches to 84 inches in length. Innersprings for crib mattresses
typically range from 25 inches to 27 inches in width and 50 inches to
52 inches in length.
Uncovered innerspring units are suitable for use as the innerspring
component in the manufacture of innerspring mattresses, including
mattresses that incorporate a foam encasement around the innerspring.
Pocketed and non-pocketed innerspring units are included in this
definition. Non-pocketed innersprings are typically joined together
with helical wire and border rods. Non-pocketed innersprings are
included in this definition regardless of whether they have border rods
attached to the perimeter of the innerspring. Pocketed innersprings are
individual coils covered by a ``pocket'' or ``sock'' of a nonwoven
synthetic material or woven material and then glued together in a
linear fashion.
Uncovered innersprings are classified under subheading 9404.29.9010
and have also been classified under subheadings 9404.10.0000,
7326.20.00.70, 7320.20.5010, or 7320.90.5010 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 this proceeding is dispositive.
Scope-Clarification Request
Caye Home Furnishings LLC (Caye Furnishings), a U.S. manufacturer
of living room furniture, requested that we clarify the scope language
of the antidumping duty investigations on uncovered innerspring units
from the People's Republic of China, South Africa, and the Socialist
Republic of Vietnam. See August 25, 2008, letter from Caye Furnishings.
Specifically, Caye Furnishings requested that we modify the scope of
the investigations to exclude springs and individually
[[Page 62480]]
wrapped pocket coils for upholstery seating that are not suitable for
mattresses or mattress supports.
Caye Furnishings asserted that the reference to mattresses in the
scope language makes clear that the petitioner intended to cover
innersprings that are used in the manufacture of innerspring mattresses
and did not intend to cover innersprings that are not suitable for use
in mattresses or mattress supports. Caye Furnishings asserted that
innersprings and individually wrapped pocket coils that it imports for
use in upholstery seating in the manufacture of living room furniture
are not suitable for mattresses or mattress supports. Caye Furnishings
also explained that, although the products it imports are normally
classified under subheading 7320.20.5020 of the HTSUS, which is not one
of the HTSUS subheadings covered by the scope of the investigations,
the scope description as written could result in the treatment of its
imports as subject merchandise.
In its September 11, 2008, comments on the issue, the petitioner
stated that it believes the scope language is clear and that the
merchandise described by Caye Furnishings is outside the scope of the
investigations. The petitioner stated, however, that it does not object
to the clarification of the scope for the reasons Caye Furnishings
cited. In its September 17, 2008, comments, in response to the
alternative versions of the scope-clarification language that we
proposed, See Memorandum to the File, dated September 16, 2008. the
petitioner stated that it does not object to amending the scope
description of the investigations by excluding individual springs and
individually wrapped pocket coils for upholstery seating (the
petitioner stated that it objects to the proposed language which
excludes any mention of end-use of the merchandise).
We have considered the various alternatives on the record for
modifications of the scope language. In addition to the difficulties
associated with administering antidumping duty orders with end-use as a
basis for whether certain products may be considered subject
merchandise, we agree with the petitioner that the merchandise Caye
Furnishings described in its request is not within the scope of the
investigations. Therefore, we have not modified the scope language as
suggested by any of the parties.
Adverse Facts Available
As we explained in the Preliminary Determination, the Department
issued a quantity and value (``Q&V'') questionnaire (via DHL) to all
exporters identified in the petition. Out of the eleven exporters to
whom the Department issued its Q&V questionnaire, only three responded
(i.e., Yang Ching Enterprise Co., Ltd. (``Yang Ching''), Uu Viet Co.,
Ltd. (``Uu Viet''), and Dong Bang Stainless Steel Co. Ltd (``Dong
Bang'')). Each of the responding exporters stated that they did not
export innersprings to the United States during the POI. Also,
according to DHL's tracking system the remaining eight exporters
received the Department's Q&V questionnaire. Record evidence indicates
there were imports into the United States of innersprings from Vietnam.
Based on the above facts, we have determined that there were exports of
the subject merchandise under investigation from Vietnamese producers/
exporters that did not respond to the Department's questionnaire, and
we are treating these Vietnamese producers/exporters as part of the
countrywide entity. Additionally, because we have determined that the
non-responding companies are part of the Vietnam-wide entity, the
Vietnam-wide entity is under investigation. Further, pursuant to
section 776(a)(2) of the Act, we find that because the Vietnam-wide
entity (including the eight companies discussed above) failed to
respond to the Department's Q&V questionnaire, withheld or failed to
provide information in a timely manner or in the form or manner
requested by the Department, and otherwise impeded the proceeding, it
is, therefore, appropriate to apply a dumping margin to the Vietnam-
wide entity using the facts otherwise available on the record pursuant
to section 776(a)(2) of the Act. See Preliminary Determination, 73 FR
at 45740. Additionally, because these parties failed to respond to our
requests for information and did not act to the best of their ability,
we find an adverse inference is appropriate, pursuant to section 776(b)
of the Act.
As we explained in the Preliminary Determination, the rate of
116.31 percent that we selected as the adverse facts-available rate for
the Vietnam-wide entity is the margin alleged in the petition. See
Petitions on Uncovered Innerspring Units from China, South Africa, and
Vietnam, dated (December 31, 2007) (``Petition''); Supplement to the
Petition (January 11, 2008); and Antidumping Investigation Initiation
Checklist: Uncovered Innerspring Units from South Africa, (January 22,
2008), which is on file in Import Administration's Central Records
Unit, Room 1117, of the main Department of Commerce building. See also
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).
Further, as discussed in the Preliminary Determination, we corroborated
the adverse facts-available rate pursuant to section 776(c) of the Act.
See Preliminary Determination, 73 FR at 45741.
Final Determination
The weighted-average dumping margin is as follows:
------------------------------------------------------------------------
Manufacturer/exporter Margin (percent)
------------------------------------------------------------------------
Vietnam-Wide Rate................................... 116.31
------------------------------------------------------------------------
Continuation of Suspension of Liquidation
Pursuant to section 735(c)(1)(B) of the Act and 19 CFR 351.211(b),
we will instruct U.S. Customs and Border Protection (``CBP'') to
continue to suspend liquidation of all entries of subject merchandise
from Vietnam entered, or withdrawn from warehouse, for consumption on
or after August 6, 2008, the date of publication of the Preliminary
Determination. We will instruct CBP to require a cash deposit or the
posting of a bond equal to the weighted-average margin, as follows: the
rate for all producers or exporters will be 116.31 percent. These
suspension-of-liquidation instructions will remain in effect until
further notice.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we have notified the
International Trade Commission (ITC) of our final determination. As our
final determination is affirmative and in accordance with section
735(b)(2)(B) of the Act, the ITC will determine, within 45 days,
whether the domestic industry in the United States is materially
injured, or threatened with material injury, by reason of imports or
sales (or the likelihood of sales) for importation of the subject
merchandise. If the ITC determines that material injury or threat of
material injury does not exist, the proceeding will be terminated and
all securities posted will be refunded or canceled. If the ITC
determines that such injury does exist, the Department will issue an
antidumping duty order directing CBP to assess antidumping duties on
all imports of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the effective date of the
suspension of liquidation.
[[Page 62481]]
Notification Regarding APO
This notice also serves as a reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305. Timely notification of return/
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 sanctionable violation.
This determination is issued and published pursuant to sections
735(d) and 777(i)(1) of the Act.
Dated: October 14, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-25027 Filed 10-20-08; 8:45 am]
BILLING CODE 3510-DS-S
