Uncovered Innerspring Units From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2011-2012, 17635-17637 [2013-06682]
Download as PDF
<![CDATA[
Federal Register / Vol. 78, No. 56 / Friday, March 22, 2013 / Notices
application was submitted pursuant to
the provisions of the Foreign-Trade
Zones Act, as amended (19 U.S.C. 81a–
81u), and the regulations of the Board
(15 CFR part 400). It was formally
docketed on March 18, 2013.
The proposed subzone would consist
of the following sites: Site 1 (38 acres)
1070 and 1090 Horsham Road, North
Wales, Montgomery County; Site 2 (29
acres) 111 New Britain Boulevard,
Chalfont, Bucks County; Site 3 (7 acres)
9747 Commerce Circle, Kutztown,
Lehigh County; and, Site 4 (63 acres)
650 and 717 Cathill Road, Sellersville,
Bucks County. No authorization for
production activity has been requested
at this time. The proposed subzone
would be subject to the existing
activation limit of FTZ 35.
In accordance with the Board’s
regulations, Elizabeth Whiteman of the
FTZ Staff is designated examiner to
review the application and make
recommendations to the Executive
Secretary.
Public comment is invited from
interested parties. Submissions shall be
addressed to the Board’s Executive
Secretary at the address below. The
closing period for their receipt is May 1,
2013. Rebuttal comments in response to
material submitted during the foregoing
period may be submitted during the
subsequent 15-day period to May 16,
2013.
A copy of the application will be
available for public inspection at the
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room
21013, U.S. Department of Commerce,
1401 Constitution Avenue NW.,
Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the Board’s
Web site, which is accessible via
www.trade.gov/ftz.
For Further Information Contact:
Elizabeth Whiteman at
Elizabeth.Whiteman@trade.gov or (202)
482–0473.
Dated: March 18, 2013.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2013–06665 Filed 3–21–13; 8:45 am]
srobinson on DSK4SPTVN1PROD with NOTICES
BILLING CODE P
VerDate Mar<15>2010
18:27 Mar 21, 2013
Jkt 229001
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
BILLING CODE P
Foreign-Trade Zone 93—RaleighDurham, North Carolina; Notification of
Proposed Production Activity;
Southern Lithoplate, Inc. (Aluminum
Printing Plates); Youngsville, North
Carolina
The Triangle J Council of
Governments grantee of FTZ 93,
submitted a notification of proposed
production activity on behalf of
Southern Lithoplate, Inc. (SLP), located
in Youngsville, North Carolina. The
notification conforming to the
requirements of the regulations of the
Board (15 CFR 400.22) was received on
March 18, 2013.
The SLP facility is located within Site
5 of FTZ 93. The facility is used for the
production of aluminum offset printing
plates for the printing industry.
Pursuant to 15 CFR 400.14(b), FTZ
activity would be limited to the specific
foreign-status materials and components
and specific finished products described
in the submitted notification (as
described below) and subsequently
authorized by the FTZ Board.
Production under FTZ procedures
could exempt SLP from customs duty
payments on the foreign status
components used in export production.
On its domestic sales, SLP would be
able to choose the duty rates during
customs entry procedures that apply to
aluminum printing plates (duty-free) for
the foreign status inputs noted below.
Customs duties also could possibly be
deferred or reduced on foreign status
production equipment.
The components and materials
sourced from abroad include: aluminum
coils (duty rate 3%).
Public comment is invited from
interested parties. Submissions shall be
addressed to the Board’s Executive
Secretary at the address below. The
closing period for their receipt is May 1,
2013.
A copy of the notification will be
available for public inspection at the
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room
21013, U.S. Department of Commerce,
1401 Constitution Avenue NW.,
Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the Board’s
Web site, which is accessible via
www.trade.gov/ftz.
For further information, contact
Elizabeth Whiteman at
Elizabeth.Whiteman@trade.gov or (202)
482–0473.
Frm 00009
Dated: March 18, 2013.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2013–06667 Filed 3–21–13; 8:45 am]
[B–23–2013]
PO 00000
17635
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 Antidumping Duty
Administrative Review; 2011–2012
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On September 17, 2012, the
Department of Commerce (‘‘the
Department’’) published in the Federal
Register the preliminary results of the
2011–2012 administrative review of the
antidumping duty order on uncovered
innerspring units (‘‘innersprings’’) from
the People’s Republic of China (‘‘PRC’’)
for the period February 1, 2011, through
January 31, 2012.1 The Department gave
interested parties an opportunity to
comment on the Preliminary Results.
Based upon our analysis of the
comments and information received, the
Department has made changes to its
treatment of Tai Wa Hong and its
affiliates for the final results. The final
dumping margin for this administrative
review is listed in the ‘‘Final Results of
Review’’ section below.
DATES: Effective Date: March 22, 2013.
FOR FURTHER INFORMATION CONTACT:
Steven Hampton, AD/CVD Operations,
Office 9, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–0116.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 17, 2012, the
Department published in the Federal
Register the Preliminary Results.2
Interested parties were provided an
opportunity to comment on the
1 See Uncovered Innerspring Units from the
People’s Republic of China: Antidumping Duty
Administrative Review; 2011–2012, 77 FR 57072
(September 17, 2012) (‘‘Preliminary Results’’) and
accompanying Decision Memorandum for
Preliminary Results of 2011–2012 Antidumping
Duty Administrative Review: Uncovered
Innerspring Units from the People’s Republic of
China, dated September 10, 2012 (‘‘Preliminary
Decision Memorandum’’).
2 See id.
E:\FR\FM\22MRN1.SGM
22MRN1
17636
Federal Register / Vol. 78, No. 56 / Friday, March 22, 2013 / Notices
Preliminary Results.3 On October 17,
2012, the Department received a case
brief from Leggett and Platt, Inc.
(‘‘Petitioner’’).4 No other case or rebuttal
briefs were filed by interested parties.
On December 7, 2012, the Department
partially extended the time limit for
these final results by 30 days.5 On
February 6, 2013, the Department fully
extended the time limit for these final
results by an additional 30 days to
March 18, 2013.6
Scope of the Order
The merchandise subject to the order
is uncovered innerspring units.7 The
product is currently classified under
subheading 9404.29.9010 and has also
been classified under subheadings
9404.10.0000, 7326.20.0070,
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
product description of the scope of the
order is dispositive.8
Analysis of Comments Received
All issues raised in the case brief by
Petitioner are addressed in the Issues
and Decision Memorandum, which is
incorporated herein by reference. A list
of the issues which parties raised, and
to which we respond in the Issues and
srobinson on DSK4SPTVN1PROD with NOTICES
3 See
id., 77 FR at 57073.
4 See Petitioner’s Case Brief, dated October 17,
2012.
5 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations through James
Doyle, Director, Office 9, Antidumping and
Countervailing Duty Operations, from Steven
Hampton, International Trade Compliance Analyst,
Antidumping and Countervailing Duty Operations,
Office 9, regarding Uncovered Innerspring Units
from the People’s Republic of China: Extension of
Deadline for Final Results of Antidumping Duty
Administrative Review, dated December 7, 2012.
6 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations through James
Doyle, Director, Office 9, Antidumping and
Countervailing Duty Operations, from Steven
Hampton, International Trade Compliance Analyst,
Antidumping and Countervailing Duty Operations,
Office 9, regarding Uncovered Innerspring Units
from the People’s Republic of China: Extension of
Deadline for Final Results of Antidumping Duty
Administrative Review, dated February 6, 2012.
7 See Memorandum to Paul Piquado, Assistant
Secretary for Import Administration, from Christian
Marsh, Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations, entitled
‘‘Uncovered Innerspring Units from the People’s
Republic of China: Issues and Decision
Memorandum for the Final Results of the 2011–
2012 Administrative Review,’’ which is dated
concurrently with this notice (‘‘Issues and Decision
Memorandum’’) for a complete description of the
Scope of the Order.
8 See Notice of Antidumping Duty Order:
Uncovered Innerspring Units from the People’s
Republic of China, 74 FR 7661 (February 19, 2009).
VerDate Mar<15>2010
18:27 Mar 21, 2013
Jkt 229001
Decision Memorandum, is attached to
this notice as Appendix I. The Issues
and Decision Memorandum is a public
document and is on file electronically
via Import Administration’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(‘‘IA ACCESS’’). IA ACCESS is available
to registered users at https://
iaaccess.trade.gov and in the Central
Records Unit, room 7046 of the main
Department of Commerce building. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly on the Internet at
https://www.trade.gov/ia/. The signed
Issues and Decision Memorandum and
the electronic versions of the Issues and
Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
The Department has made changes
with respect to its treatment of Tai Wa
Hong and its affiliates. Specifically, we
determine as facts available that we
should collapse Tai Wa Hong with two
other companies, Tai Wa Commercial &
Industrial (Macau) Co. Ltd. (‘‘Tai Wa
Commercial’’) and Macau Commercial &
Industrial Spring Mattress Manufacturer
(‘‘Macau Commercial’’), and that we
should treat this group of companies as
a single entity (i.e., the Tai Wa Hong
Group).
Use of Facts Available and Adverse
Facts Available
As stated in the Preliminary Results,
Tai Wa Hong failed to cooperate to the
best of its ability in providing requested
information, failed to provide the
information in a timely manner and in
the form requested, and significantly
impeded this proceeding.9 Accordingly,
pursuant to sections 776(a)(2)(A), (B),
and (C) and section 776(b) of the Tariff
Act of 1930, as amended (‘‘Act’’) we
find it appropriate to assign total
adverse facts available (‘‘AFA’’) to Tai
Wa Hong.10 Moreover, as facts available,
the Department finds it appropriate to
regard Tai Wa Hong as affiliated with
Tai Wa Commercial and Macau
Commercial, to collapse these three
companies, and to treat these companies
as a single entity, the Tai Wa Hong
Group. Therefore, the Department has
9 See
Preliminary Decision Memorandum at 3–5.
Certain Frozen Warmwater Shrimp From
the Socialist Republic of Vietnam: Preliminary
Results of the First Administrative Review and New
Shipper Review, 72 FR 10689, 10692 (March 9,
2007) (decision to apply total AFA to the nonmarket-economy-wide entity), unchanged in
Certain Frozen Warmwater Shrimp From the
Socialist Republic of Vietnam: Final Results of the
First Antidumping Duty Administrative Review and
First New Shipper Review, 72 FR 52052 (September
12, 2007).
10 See
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
assigned the total AFA rate of 234.51%
to the Tai Wa Hong Group. Because the
Tai Wa Hong Group is located in Macau,
it is a third country reseller.
Accordingly, this rate only applies to
the Tai Wa Hong Group’s PRC-origin
merchandise.11
Final Results of Review
The dumping margin for the period of
review (‘‘POR’’) is as follows:
Exporter
Weightedaverage
dumping
margin
(percent)
Tai Wa Hong Group .............
234.51
Assessment
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b), 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 calculated importerspecific (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.12 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 of this
administrative review for all shipments
of the subject merchandise from the PRC
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
the exporter listed above, the cash
deposit rate will be 234.51 percent for
its PRC-origin merchandise; (2) for
previously investigated or reviewed PRC
and non-PRC exporters not listed above
that have a separate rate, the cash
11 See Comment 1 of the Issues and Decision
Memorandum for further discussion on this issue.
12 In these final results, the Department applied
the assessment rate calculation method adopted in
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
E:\FR\FM\22MRN1.SGM
22MRN1
Federal Register / Vol. 78, No. 56 / Friday, March 22, 2013 / Notices
deposit rate will continue to be the
exporter-specific rate published for the
most recent period; (3) 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 (4) 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. The 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
In accordance with 19 CFR
351.305(a)(3), 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,
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
administrative review and notice in
accordance with sections 751(a)(1) and
777(i) of the Act.
srobinson on DSK4SPTVN1PROD with NOTICES
Dated: March 18, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–805]
Certain Circular Welded Non-Alloy
Steel Pipe from Mexico: Notice of
Amended Final Results of
Antidumping Duty Administrative
Review Pursuant to Settlement
Import Administration,
International Trade Administration,
Department of Commerce
DATES: Effective Date: March 22, 2013.
FOR FURTHER INFORMATION CONTACT:
Mark Flessner or Robert James, AD/CVD
Operations, Office 7, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–6312 and (202)
482–0649, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On April 9, 2010, the Department of
Commerce (the Department) published
the final results of its administrative
review of the antidumping duty order
on certain circular welded non-alloy
steel pipe from Mexico. The period of
review (POR) is November 1, 2007,
through October 31, 2008.1
In the Final Results, the Department
assigned to Mueller Comercial de
Mexico, S. de R.L. de C.V. (Mueller), an
exporter of certain circular welded nonalloy steel pipe from Mexico to the
United States, an adverse facts available
(AFA) rate of 48.33 percent. The
application of AFA was necessitated by
Mueller’s failure to cooperate with the
Department and impeding this
administrative review by ignoring
multiple requests for information.
Following the publication of the final
results, Mueller filed a lawsuit with the
United States Court of International
Trade (CIT) challenging the
Department’s final results of
administrative review.2 The Court
remanded this matter to the Department
ordering that the Department ‘‘shall
reconsider its determination not to
apply the ‘all others’ rate to Mueller’s
entries.’’ See the Opinion at 23. The
Department complied with the Court
order and reconsidered its
Appendix I
Comment 1: Treatment of the Tai Wa Hong
Group’s Sales
Comment 2: Cash Deposit and Liquidation
Instructions
[FR Doc. 2013–06682 Filed 3–21–13; 8:45 am]
BILLING CODE 3510–DS–P
VerDate Mar<15>2010
18:27 Mar 21, 2013
Jkt 229001
1 See Certain Circular Welded Non-Alloy Steel
Pipe from Mexico: Final Results of Antidumping
Duty Administrative Review and Rescission of
Administrative Review in Part, 75 FR 20342 (April
19, 2010) (Final Results).
2 See Mueller Comercial de Mexico, S. de R.L. de
C.V., and Southland Pipe Nipples Co., Inc. v.
United States, Court No. 10–00163, Slip Op. 11–159
(December 16, 2011) (the Opinion).
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
17637
determination not to apply the ‘‘all
others’’ rate to a non-cooperating
respondent. In the Final Results of
Redetermination Pursuant to Court
Remand, for the reasons set forth in the
review, the Department found the ‘‘all
others’’ rate was not sufficient to deter
non-compliance by Mueller.3
The United States and Mueller have
now entered into an agreement to settle
this dispute. The Court issued its Order
of Judgment by Stipulation on February
27, 2013. Pursuant to the Court’s Order
of Judgment by Stipulation, the
Department will order liquidation of the
unliquidated entries of certain circular
welded non-alloy steel pipe from
Mexico, produced and/or exported by
Mueller Comercial de Mexico, S. de R.L.
de C.V., and entered or withdrawn from
warehouse, for consumption in the
United States, from November 1, 2007
through October 31, 2008, at the rate of
40.475 percent agreed to by the parties.
We are issuing this determination and
publishing these final results of
antidumping duty administrative review
pursuant to settlement and notice in
accordance with 19 U.S.C. 1516a(e).
Dated: March 14, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2013–06678 Filed 3–21–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–833]
Polyester Staple Fiber From Taiwan:
Preliminary Results of Antidumping
Duty Administrative Review; 2011–
2012
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on polyester
staple fiber (PSF) from Taiwan. The
period of review (POR) is May 1, 2011,
through April 30, 2012. The review
covers two producers/exporters of the
subject merchandise, Far Eastern New
Century Corporation (FENC) and Nan
Ya Plastics Corporation (Nan Ya). We
preliminarily find that FENC has not
AGENCY:
3 See Final Results of Redetermination Pursuant
to Court Remand: Certain Circular Welded NonAlloy Steel Pipe from Mexico, Mueller Comercial de
Mexico, S. de R.L. de C.V., and Southland Pipe
Nipples Co., Inc. v. United States, Court No. 10–
00163, Slip Op. 11–159 (CIT December 16, 2011),
dated May 14, 2012.
E:\FR\FM\22MRN1.SGM
22MRN1
]]>Agencies
[Federal Register Volume 78, Number 56 (Friday, March 22, 2013)]
[Notices]
[Pages 17635-17637]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06682]
-----------------------------------------------------------------------
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; 2011-2012
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On September 17, 2012, the Department of Commerce (``the
Department'') published in the Federal Register the preliminary results
of the 2011-2012 administrative review of the antidumping duty order on
uncovered innerspring units (``innersprings'') from the People's
Republic of China (``PRC'') for the period February 1, 2011, through
January 31, 2012.\1\ The Department gave interested parties an
opportunity to comment on the Preliminary Results. Based upon our
analysis of the comments and information received, the Department has
made changes to its treatment of Tai Wa Hong and its affiliates for the
final results. The final dumping margin for this administrative review
is listed in the ``Final Results of Review'' section below.
---------------------------------------------------------------------------
\1\ See Uncovered Innerspring Units from the People's Republic
of China: Antidumping Duty Administrative Review; 2011-2012, 77 FR
57072 (September 17, 2012) (``Preliminary Results'') and
accompanying Decision Memorandum for Preliminary Results of 2011-
2012 Antidumping Duty Administrative Review: Uncovered Innerspring
Units from the People's Republic of China, dated September 10, 2012
(``Preliminary Decision Memorandum'').
---------------------------------------------------------------------------
DATES: Effective Date: March 22, 2013.
FOR FURTHER INFORMATION CONTACT: Steven Hampton, AD/CVD Operations,
Office 9, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-0116.
SUPPLEMENTARY INFORMATION:
Background
On September 17, 2012, the Department published in the Federal
Register the Preliminary Results.\2\ Interested parties were provided
an opportunity to comment on the
[[Page 17636]]
Preliminary Results.\3\ On October 17, 2012, the Department received a
case brief from Leggett and Platt, Inc. (``Petitioner'').\4\ No other
case or rebuttal briefs were filed by interested parties. On December
7, 2012, the Department partially extended the time limit for these
final results by 30 days.\5\ On February 6, 2013, the Department fully
extended the time limit for these final results by an additional 30
days to March 18, 2013.\6\
---------------------------------------------------------------------------
\2\ See id.
\3\ See id., 77 FR at 57073.
\4\ See Petitioner's Case Brief, dated October 17, 2012.
\5\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations through
James Doyle, Director, Office 9, Antidumping and Countervailing Duty
Operations, from Steven Hampton, International Trade Compliance
Analyst, Antidumping and Countervailing Duty Operations, Office 9,
regarding Uncovered Innerspring Units from the People's Republic of
China: Extension of Deadline for Final Results of Antidumping Duty
Administrative Review, dated December 7, 2012.
\6\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations through
James Doyle, Director, Office 9, Antidumping and Countervailing Duty
Operations, from Steven Hampton, International Trade Compliance
Analyst, Antidumping and Countervailing Duty Operations, Office 9,
regarding Uncovered Innerspring Units from the People's Republic of
China: Extension of Deadline for Final Results of Antidumping Duty
Administrative Review, dated February 6, 2012.
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the order is uncovered innerspring
units.\7\ The product is currently classified under subheading
9404.29.9010 and has also been classified under subheadings
9404.10.0000, 7326.20.0070, 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 product description of the scope of the order is
dispositive.\8\
---------------------------------------------------------------------------
\7\ See Memorandum to Paul Piquado, Assistant Secretary for
Import Administration, from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
entitled ``Uncovered Innerspring Units from the People's Republic of
China: Issues and Decision Memorandum for the Final Results of the
2011-2012 Administrative Review,'' which is dated concurrently with
this notice (``Issues and Decision Memorandum'') for a complete
description of the Scope of the Order.
\8\ See Notice of Antidumping Duty Order: Uncovered Innerspring
Units from the People's Republic of China, 74 FR 7661 (February 19,
2009).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case brief by Petitioner are addressed in
the Issues and Decision Memorandum, which is incorporated herein by
reference. A list of the issues which parties raised, and to which we
respond in the Issues and Decision Memorandum, is attached to this
notice as Appendix I. The Issues and Decision Memorandum is a public
document and is on file electronically via Import Administration's
Antidumping and Countervailing Duty Centralized Electronic Service
System (``IA ACCESS''). IA ACCESS is available to registered users at
https://iaaccess.trade.gov and in the Central Records Unit, room 7046 of
the main Department of Commerce building. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
on the Internet at https://www.trade.gov/ia/. The signed Issues and
Decision Memorandum and the electronic versions of the Issues and
Decision Memorandum are identical in content.
Changes Since the Preliminary Results
The Department has made changes with respect to its treatment of
Tai Wa Hong and its affiliates. Specifically, we determine as facts
available that we should collapse Tai Wa Hong with two other companies,
Tai Wa Commercial & Industrial (Macau) Co. Ltd. (``Tai Wa Commercial'')
and Macau Commercial & Industrial Spring Mattress Manufacturer (``Macau
Commercial''), and that we should treat this group of companies as a
single entity (i.e., the Tai Wa Hong Group).
Use of Facts Available and Adverse Facts Available
As stated in the Preliminary Results, Tai Wa Hong failed to
cooperate to the best of its ability in providing requested
information, failed to provide the information in a timely manner and
in the form requested, and significantly impeded this proceeding.\9\
Accordingly, pursuant to sections 776(a)(2)(A), (B), and (C) and
section 776(b) of the Tariff Act of 1930, as amended (``Act'') we find
it appropriate to assign total adverse facts available (``AFA'') to Tai
Wa Hong.\10\ Moreover, as facts available, the Department finds it
appropriate to regard Tai Wa Hong as affiliated with Tai Wa Commercial
and Macau Commercial, to collapse these three companies, and to treat
these companies as a single entity, the Tai Wa Hong Group. Therefore,
the Department has assigned the total AFA rate of 234.51% to the Tai Wa
Hong Group. Because the Tai Wa Hong Group is located in Macau, it is a
third country reseller. Accordingly, this rate only applies to the Tai
Wa Hong Group's PRC-origin merchandise.\11\
---------------------------------------------------------------------------
\9\ See Preliminary Decision Memorandum at 3-5.
\10\ See Certain Frozen Warmwater Shrimp From the Socialist
Republic of Vietnam: Preliminary Results of the First Administrative
Review and New Shipper Review, 72 FR 10689, 10692 (March 9, 2007)
(decision to apply total AFA to the non-market-economy-wide entity),
unchanged in Certain Frozen Warmwater Shrimp From the Socialist
Republic of Vietnam: Final Results of the First Antidumping Duty
Administrative Review and First New Shipper Review, 72 FR 52052
(September 12, 2007).
\11\ See Comment 1 of the Issues and Decision Memorandum for
further discussion on this issue.
---------------------------------------------------------------------------
Final Results of Review
The dumping margin for the period of review (``POR'') is as
follows:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping margin
(percent)
------------------------------------------------------------------------
Tai Wa Hong Group...................................... 234.51
------------------------------------------------------------------------
Assessment
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b),
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 calculated 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.\12\ 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.
---------------------------------------------------------------------------
\12\ In these final results, the Department applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
---------------------------------------------------------------------------
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 the PRC 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 the exporter
listed above, the cash deposit rate will be 234.51 percent for its PRC-
origin merchandise; (2) for previously investigated or reviewed PRC and
non-PRC exporters not listed above that have a separate rate, the cash
[[Page 17637]]
deposit rate will continue to be the exporter-specific rate published
for the most recent period; (3) 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 (4) 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. The 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
In accordance with 19 CFR 351.305(a)(3), 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, 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 administrative review and notice
in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: March 18, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I
Comment 1: Treatment of the Tai Wa Hong Group's Sales
Comment 2: Cash Deposit and Liquidation Instructions
[FR Doc. 2013-06682 Filed 3-21-13; 8:45 am]
BILLING CODE 3510-DS-P
