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 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 http:// 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 http://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 
http://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 http://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