Uncovered Innerspring Units From the People's Republic of China: Final Results of First Antidumping Duty Administrative Review, 4290-4291 [2011-1395]

Download as PDF 4290 Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices The merchandise subject to the order is currently classifiable under subheadings 0409.00.00, 1702.90.90 and 2106.90.99 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). Although the HTSUS subheadings are provided for convenience and customs purposes, the Department’s written description of the merchandise under order is dispositive. Analysis of Comments Received All issues raised in the briefs by parties to these reviews are addressed in the ‘‘New Shipper Reviews of Honey from the People’s Republic of China: Issues and Decision Memorandum,’’ dated January 31, 2010, which is hereby adopted by this notice (‘‘Issues and Decision Memo’’). A list of the issues which parties raised and to which we respond in the Issues and Decision Memo is attached to this notice as an Appendix. The Issues and Decision Memo is a public document and is on file in the Central Records Unit (‘‘CRU’’), main Commerce building, Room 7046, and is accessible on the Web at http:// www.trade.gov/ia. The paper copy and electronic version of the memorandum are identical in content. Changes Since the Preliminary Results We have made no changes to our preliminary decision to rescind the NSRs of Suzhou and Fenglian. Final Rescission of New Shipper Reviews In the Preliminary Results, the Department preliminarily rescinded the NSRs for Suzhou and Fenglian, whose POR sales the Department found to be non-bona fide.4 The Department received comments with respect to our preliminary decision to rescind the review. For these final results the Department continues to find the sales by Suzhou and Fenglian to be non-bona fide.5 mstockstill on DSKH9S0YB1PROD with NOTICES Cash-Deposit Requirements The following cash deposit requirements will be effective upon 18:40 Jan 24, 2011 Jkt 223001 Administrative Protective Orders 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 APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. We are issuing and publishing this determination in accordance with sections 751(a)(2)(B) and 777(i) of the Act, and 19 CFR 351.214(h) and 351.221(b)(5). Dated: January 13, 2011. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. Appendix I 4 See Preliminary Results; see also Memorandum to the File from Katie Marksberry, International Trade Specialist, through Catherine Bertrand, Program Manager, regarding ‘‘Antidumping Duty New Shipper Review of Honey from the People’s Republic of China: Bona Fide Analysis of the Sale Under Review for Suzhou Shanding Honey Product Co., Ltd.,’’ dated September 2, 2010; see also Memorandum to the File from Josh Startup, International Trade Specialist, through Catherine Bertrand, Program Manager, regarding ‘‘Antidumping Duty New Shipper Review of Honey from the People’s Republic of China: Bona Fide Analysis of the Sale Under Review for Wuhu Fenglian Co., Ltd.,’’ dated September 2, 2010. 5 See Issues and Decision Memorandum at Comments 3 and 4. VerDate Mar<15>2010 publication of these final results for all shipments of subject merchandise from Suzhou or Fenglian 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 subject merchandise produced and exported by Suzhou or Fenglian, the cash deposit rate will continue to be the PRC-wide rate (i.e., $2.63 per kilogram); (2) for subject merchandise exported by Suzhou or Fenglian but not manufactured by Suzhou or Fenglian, the cash deposit rate will continue to be the PRC-wide rate (i.e., $2.63 per kilogram); and (3) for subject merchandise manufactured by Suzhou or Fenglian, but exported by any other party, the cash deposit rate will be the rate applicable to the exporter. These cash deposit requirements, when imposed, shall remain in effect until further notice. General Issues Comment 1: Department’s Treatment of Respondents’ Post-Preliminary Request for Additional Supplemental Questionnaires Comment 2: Department’s Rejection of Respondents’ Submission Comment 3: Accuracy of the CBP Data Company Specific Issues Comment 4: Finding that Suzhou’s POR Sale was Non-Bona Fide Comment 5: Finding that Fenglian’s Sale was Non-Bona Fide [FR Doc. 2011–1388 Filed 1–24–11; 8:45 am] BILLING CODE 3510–DS–P PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [A–570–928] Uncovered Innerspring Units From the People’s Republic of China: Final Results of First Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On November 10, 2010, the Department of Commerce (the ‘‘Department’’) published the Preliminary Results of the first administrative review of the antidumping duty order on uncovered innerspring units (‘‘innersprings’’) from the People’s Republic of China (‘‘PRC’’), covering the period of review (‘‘POR’’) August 6, 2008, through January 31, 2010.1 The Department received no comments on the Preliminary Results. We have made no changes to our margin calculations for the final results of this review. The final weighted-average margins are listed below in the ‘‘Final Results of the Review’’ section of this notice. DATES: Effective Date: January 25, 2011. FOR FURTHER INFORMATION CONTACT: Toni Dach, AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–1655. AGENCY: Case History With the issuance of the Preliminary Results, the Department invited interested parties to comment on the Preliminary Results. No interested party submitted a case brief or comments, or requested a hearing. Therefore, the Department has made no changes from the Preliminary Results for these final results. Scope of 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. All uncovered innerspring units are included in the scope 1 See Uncovered Innerspring Units From the People’s Republic of China: Preliminary Results of First Antidumping Duty Administrative Review, 75 FR 69055 (November 10, 2010) (‘‘Preliminary Results’’). E:\FR\FM\25JAN1.SGM 25JAN1 Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices 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, 7326.20.0070, 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 the order is dispositive. mstockstill on DSKH9S0YB1PROD with NOTICES Final Results of the Review As explained in the Preliminary Results, the Department finds that the following margins exist for the exporters under review for the period August 6, 2008, through January 31, 2010: to CBP 15 days after the date of publication of the final results of review. Pursuant to 19 CFR 351.212(b)(1), we will calculate importer-specific (or customer) ad valorem duty assessment rates based on the ratio of the total amount of the dumping margins calculated for the examined sales to the total entered value of those same sales. In accordance with 19 CFR 351.106(c)(2), we will instruct CBP to liquidate, without regard to antidumping duties, all entries of subject merchandise during the POR for which the importer-specific assessment rate is zero or de minimis. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results for all shipments of the subject merchandise 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 previously investigated or reviewed PRC and non-PRC exporters not listed above that have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recent period; (2) for all PRC exporters of subject merchandise which 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 (3) 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 exporters that supplied that nonPRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Reimbursement of Duties This notice also serves as a final INNERSPRINGS FROM THE PRC reminder to importers of their responsibility under 19 CFR 351.402(f) Margin to file a certificate regarding the Manufacturer/exporter (percent) reimbursement of antidumping duties PRC-wide Entity 2 ..................... 234.51 prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Department’s presumption Assessment of Antidumping Duties that reimbursement of antidumping Upon issuance of the final results, the duties has occurred and the subsequent assessment of doubled antidumping Department will determine, and U.S. duties. Customs and Border Protection (‘‘CBP’’) shall assess, antidumping duties on all Administrative Protective Orders appropriate entries. The Department This notice also serves as a final intends to issue assessment instructions reminder to parties subject to the administrative protective order (‘‘APO’’) 2 The PRC-wide entity includes mandatory respondents Foshan Jingxin Steel Wire & Spring of their responsibility concerning the Co., Ltd. and Top One Manufacturing Factory, return or destruction of proprietary whom the Department found withheld requested information disclosed under the APO in information, failed to provide the information in a accordance with 19 CFR 351.305. timely manner and in the form requested, and significantly impeded the proceeding. Timely written notification of the return VerDate Mar<15>2010 18:40 Jan 24, 2011 Jkt 223001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 4291 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. This administrative review and notice is in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: January 11, 2011. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2011–1395 Filed 1–24–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–580–818] Corrosion-Resistant Carbon Steel Flat Products From the Republic of Korea: Partial Rescission of Countervailing Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In response to a request for administrative review received on August 31, 2010, the Department of Commerce (the Department) initiated an administrative review of the countervailing duty order on corrosionresistant carbon steel flat products from the Republic of Korea covering the period January 1, 2009, through December 31, 2009. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part, 75 FR 60078 (September 29, 2010) (Initiation). As a result of withdrawals of request for review, we are rescinding this review, in part, with respect to Dongbu Steel (Dongbu) and Pohang Iron & Steel Co., Ltd. (POSCO). DATES: Effective Date: January 25, 2011. FOR FURTHER INFORMATION CONTACT: Gayle Longest, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Ave, NW., Washington, DC 20230; telephone (202) 482–3338. SUPPLEMENTARY INFORMATION: AGENCY: Background On August 31, 2010, Dongbu and POSCO requested that the Department conduct an administrative review of their companies. On September 29, 2010, the Department initiated the review. See Initiation. On September 27, 2010, and October, 1, 2010, Dongbu and POSCO, respectively, withdrew their E:\FR\FM\25JAN1.SGM 25JAN1

Agencies

[Federal Register Volume 76, Number 16 (Tuesday, January 25, 2011)]
[Notices]
[Pages 4290-4291]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1395]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-928]


Uncovered Innerspring Units From the People's Republic of China: 
Final Results of First Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On November 10, 2010, the Department of Commerce (the 
``Department'') published the Preliminary Results of the first 
administrative review of the antidumping duty order on uncovered 
innerspring units (``innersprings'') from the People's Republic of 
China (``PRC''), covering the period of review (``POR'') August 6, 
2008, through January 31, 2010.\1\ The Department received no comments 
on the Preliminary Results. We have made no changes to our margin 
calculations for the final results of this review. The final weighted-
average margins are listed below in the ``Final Results of the Review'' 
section of this notice.
---------------------------------------------------------------------------

    \1\ See Uncovered Innerspring Units From the People's Republic 
of China: Preliminary Results of First Antidumping Duty 
Administrative Review, 75 FR 69055 (November 10, 2010) 
(``Preliminary Results'').

---------------------------------------------------------------------------
DATES: Effective Date: January 25, 2011.

FOR FURTHER INFORMATION CONTACT: Toni Dach, AD/CVD Operations, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230; telephone: (202) 482-1655.

Case History

    With the issuance of the Preliminary Results, the Department 
invited interested parties to comment on the Preliminary Results. No 
interested party submitted a case brief or comments, or requested a 
hearing. Therefore, the Department has made no changes from the 
Preliminary Results for these final results.

Scope of 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. All 
uncovered innerspring units are included in the scope

[[Page 4291]]

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, 
7326.20.0070, 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 the order is dispositive.

Final Results of the Review

    As explained in the Preliminary Results, the Department finds that 
the following margins exist for the exporters under review for the 
period August 6, 2008, through January 31, 2010:

                        Innersprings From the PRC
------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
PRC-wide Entity \2\........................................       234.51
------------------------------------------------------------------------

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

    \2\ The PRC-wide entity includes mandatory respondents Foshan 
Jingxin Steel Wire & Spring Co., Ltd. and Top One Manufacturing 
Factory, whom the Department found withheld requested information, 
failed to provide the information in a timely manner and in the form 
requested, and significantly impeded the proceeding.
---------------------------------------------------------------------------

Assessment of Antidumping Duties

    Upon issuance of the final results, the Department will determine, 
and U.S. Customs and Border Protection (``CBP'') shall assess, 
antidumping duties on all appropriate entries. The Department intends 
to issue assessment instructions to CBP 15 days after the date of 
publication of the final results of review. Pursuant to 19 CFR 
351.212(b)(1), we will calculate importer-specific (or customer) ad 
valorem duty assessment rates based on the ratio of the total amount of 
the dumping margins calculated for the examined sales to the total 
entered value of those same sales. In accordance with 19 CFR 
351.106(c)(2), we will instruct CBP to liquidate, without regard to 
antidumping duties, all entries of subject merchandise during the POR 
for which the importer-specific assessment rate is zero or de minimis.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results for all shipments of the subject 
merchandise 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 previously investigated or reviewed PRC and non-PRC 
exporters not listed above that have separate rates, the cash deposit 
rate will continue to be the exporter-specific rate published for the 
most recent period; (2) for all PRC exporters of subject merchandise 
which 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 (3) 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 exporters that supplied that non-PRC exporter. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties has occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Orders

    This notice also serves as a final reminder to parties subject to 
the 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. 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 sanctionable 
violation.
    This administrative review and notice is in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: January 11, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-1395 Filed 1-24-11; 8:45 am]
BILLING CODE 3510-DS-P