Uncovered Innerspring Units From the People's Republic of China: Affirmative Preliminary Determination of Circumvention of the Antidumping Duty Order, 41784-41785 [2013-16674]

Download as PDF 41784 Federal Register / Vol. 78, No. 133 / Thursday, July 11, 2013 / Notices Dated: July 5, 2013. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. DEPARTMENT OF COMMERCE emcdonald on DSK67QTVN1PROD with NOTICES Submission for OMB Review; Comment Request The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). Agency: National Oceanic and Atmospheric Administration (NOAA). Title: Alaska Crab Rationalization Program Cooperative Report. OMB Control Number: None. Form Number(s): NA. Type of Request: Regular submission (request for a new information collection). Number of Respondents: 10. Average Hours per Response: 10 hours. Burden Hours: 100. Needs and Uses: This request is for a new information collection. The North Pacific Fisheries Management Council (Council) passed a motion in February 2013 requesting that each cooperative in the Crab Rationalization Program voluntarily provide an annual report to the Council to report on the measures that the cooperative is taking to: (1) Increase the transfer of quota share to active participants and crew members; and (2) lower currently high lease rates and to increase currently low crew compensation. The annual report should describe the effectiveness of the measures implemented through the cooperatives and the estimated level of member participation in any voluntary measures, and should include supporting information and data. These reports are to be provided to the Council at its October 2013 meeting and every October meeting thereafter. Affected Public: Business or other forprofit organizations. Frequency: Annually. Respondent’s Obligation: Voluntary. OMB Desk Officer: OIRA_Submission@omb.eop.gov. Copies of the above information collection proposal can be obtained by calling or writing Jennifer Jessup, Departmental Paperwork Clearance Officer, (202) 482–0336, Department of Commerce, Room 6616, 14th and Constitution Avenue NW., Washington, DC 20230 (or via the Internet at JJessup@doc.gov). Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to OIRA_Submission@omb.eop.gov. VerDate Mar<15>2010 18:23 Jul 10, 2013 Jkt 229001 [FR Doc. 2013–16608 Filed 7–10–13; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE Submission for OMB Review; Comment Request The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). Agency: National Oceanic and Atmospheric Administration (NOAA). Title: Southeast Region Logbook Family of Forms. OMB Control Number: 0648–0016. Form Number(s): NA. Type of Request: Regular submission (revision and extension of a current information collection). Number of Respondents: 4,161. Average Hours per Response: Logbook reports, 10 minutes, except for live rock, 15 minutes and Colombian waters, 18 minutes; no-fishing responses, 2 minutes; discard reports, 15 minutes; annual fixed cost survey, 30 minutes. Burden Hours: 15,946. Needs and Uses: This request is for revision and extension of a current information collection. Participants in most Federallymanaged fisheries in the Southeast Region are currently required to keep and submit catch and effort logbooks from their fishing trips. A subset of these vessels also provide information on the species and quantities of fish, shellfish, marine turtles, and marine mammals that are caught and discarded or have interacted with the vessel’s fishing gear. A subset of these vessels also provide information about dockside prices, trip operating costs, and annual fixed costs. The data are used for scientific analyses that support critical conservation and management decisions made by national and international fishery management organizations. Interaction reports are needed for fishery management planning and to help protect endangered species and marine mammals. Price and cost data will be used in analyses of the economic effects of proposed regulations. Revision: Logbooks for charter vessels, a new requirement in 2010, were never implemented. Affected Public: Business or other forprofit organizations. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 Frequency: Annually and per vessel trip. Respondent’s Obligation: Mandatory. OMB Desk Officer: OIRA_Submission@omb.eop.gov. Copies of the above information collection proposal can be obtained by calling or writing Jennifer Jessup, Departmental Paperwork Clearance Officer, (202) 482–0336, Department of Commerce, Room 6616, 14th and Constitution Avenue NW., Washington, DC 20230 (or via the Internet at JJessup@doc.gov). Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to OIRA_Submission@omb.eop.gov. Dated: July 5, 2013. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. 2013–16610 Filed 7–10–13; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–928] Uncovered Innerspring Units From the People’s Republic of China: Affirmative Preliminary Determination of Circumvention of the Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. AGENCY: Preliminary Determination The Department has preliminarily determined that uncovered innerspring units (‘‘innersprings units’’) completed and assembled in Malaysia by Reztec Industries Sdn Bhd (‘‘Reztec’’) using components from the People’s Republic of China (‘‘PRC’’), and exported to the United States, are circumventing the antidumping duty order on innersprings from the PRC, as provided in section 781(b) of the Tariff Act of 1930, as amended (‘‘the Act’’).1 DATES: Effective Date: July 11, 2013. FOR FURTHER INFORMATION CONTACT: Susan Pulongbarit or Steven Hampton, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 1 See Uncovered Innerspring Units from the People’s Republic of China: Notice of Antidumping Duty Order, 74 FR 7661 (February 19, 2009) (‘‘Order’’). E:\FR\FM\11JYN1.SGM 11JYN1 Federal Register / Vol. 78, No. 133 / Thursday, July 11, 2013 / Notices 482–4031 or (202) 482–0116, respectively. SUPPLEMENTARY INFORMATION: Scope of the Antidumping Duty Order The merchandise subject to the order is uncovered innerspring units.2 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.3 Scope of the Anticircumvention Inquiry The products covered by this inquiry are innerspring units, as described above, that are manufactured in Malaysia by Reztec with PRC-origin components and other direct materials, such as helical wires, and that are subsequently exported from Malaysia to the United States. emcdonald on DSK67QTVN1PROD with NOTICES Methodology The Department has conducted this preliminary determination of circumvention in accordance with section 781(b) of the Act and 19 CFR 351.225(h). For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. The Preliminary Decision Memorandum can be accessed directly on the internet at https://www.trade.gov/ia/ 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. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. The Preliminary Decision Memorandum is hereby adopted by this notice. 2 See Memorandum to Paul Piquado, Assistant Secretary for Import Administration, from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, entitled ‘‘Anticircumvention Inquiry Regarding the Antidumping Duty Order on Uncovered Innerspring Units from the People’s Republic of China: Preliminary Determination Decision Memorandum for Reztec Industries Sdn Bhd’’ which is dated concurrently with this notice (‘‘Preliminary Decision Memorandum’’) for a complete description of the scope of the Order. 3 See Order, 74 FR at 7661. VerDate Mar<15>2010 18:23 Jul 10, 2013 Jkt 229001 Preliminary Findings As detailed in the Preliminary Decision Memorandum, the Department has preliminarily determined, using partial adverse facts available, that innerspring units completed and assembled in Malaysia by Reztec using components from the PRC and exported from Malaysia to the United States are circumventing the Order. Moreover, because Reztec cannot distinguish between those innerspring units it is exporting to the United States which contain PRC-origin components and those that do not, the Department has preliminarily determined that it is appropriate to instruct U.S. Customs and Border Protection (‘‘CBP’’) to suspend liquidation of all entries of innerspring units from Malaysia produced by Reztec as subject to the Order.4 Suspension of Liquidation In accordance with 19 CFR 351.225(l)(2), the Department will direct CBP to suspend liquidation and to require a cash deposit of estimated duties at the rate applicable to the exporter, on all unliquidated entries of innerspring units produced by Reztec that were entered, or withdrawn from warehouse, for consumption on or after May 23, 2012, the date of initiation of the anticircumvention inquiry.5 Should the Department conduct an administrative review in the future, and determine in the context of that review that Reztec did not produce for export innerspring units using PRC-origin innerspring components, the Department will consider initiating a changed circumstances review pursuant to section 751(b) of the Act to determine if the continued suspension of all innerspring units produced by Reztec is warranted.6 Notification to the International Trade Commission The Department, consistent with section 781(e) of the Act and 19 CFR 351.225(f)(7)(i)(B), has notified the International Trade Commission (‘‘ITC’’) of this preliminary determination to include the merchandise subject to this anticircumvention inquiry within the Order. Pursuant to section 781(e) of the Act, the ITC may request consultations concerning the Department’s proposed inclusion of the subject merchandise. If, after consultations, the ITC believes that Preliminary Decision Memorandum, at 15. at 16. 6 See, e.g., Certain Tissue Paper Products From the People’s Republic of China: Affirmative Final Determination of Circumvention of the Antidumping Duty Order, 76 FR 47554 (August 5, 2011). PO 00000 4 See 5 Id., Frm 00005 Fmt 4703 Sfmt 4703 41785 a significant injury issue is presented by the proposed inclusion, it will have 15 days to provide written advice to the Department. Public Comment Because the Department may seek additional information, the Department will establish the case and rebuttal brief schedule at a later time and will notify parties of the briefing schedule in accordance with 19 CFR 351.309(b). Case and rebuttal briefs, when submitted, must comport with the requirements contained in 19 CFR 351.309(c)(2) and (d)(2). Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Import Administration, filed electronically via IA ACCESS. An electronically filed document must be received successfully in its entirety by the Department’s electronic records system, IA ACCESS, by 5 p.m. Eastern Standard Time within 30 days after the date of publication of this notice.7 Requests should contain: (1) The party’s name, address and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case and rebuttal briefs. Final Determination The final determination with respect to this anticircumvention inquiry, including the results of the Department’s analysis of any written comments, will be issued no later than August 16, 2013, unless extended. This preliminary affirmative circumvention determination is published in accordance with section 781(b) of the Act and 19 CFR 351.225. Dated: July 2, 2013. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2013–16674 Filed 7–10–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF EDUCATION [Docket No. ED–2013–ICCD–0090] Agency Information Collection Activities; Comment Request; Implementation of Title I/II Program Initiatives Institute of Educational Sciences (IES), Department of Education (ED). AGENCY: 7 See E:\FR\FM\11JYN1.SGM 19 CFR 351.310(c). 11JYN1

Agencies

[Federal Register Volume 78, Number 133 (Thursday, July 11, 2013)]
[Notices]
[Pages 41784-41785]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16674]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-928]


Uncovered Innerspring Units From the People's Republic of China: 
Affirmative Preliminary Determination of Circumvention of the 
Antidumping Duty Order

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

Preliminary Determination

    The Department has preliminarily determined that uncovered 
innerspring units (``innersprings units'') completed and assembled in 
Malaysia by Reztec Industries Sdn Bhd (``Reztec'') using components 
from the People's Republic of China (``PRC''), and exported to the 
United States, are circumventing the antidumping duty order on 
innersprings from the PRC, as provided in section 781(b) of the Tariff 
Act of 1930, as amended (``the Act'').\1\
---------------------------------------------------------------------------

    \1\ See Uncovered Innerspring Units from the People's Republic 
of China: Notice of Antidumping Duty Order, 74 FR 7661 (February 19, 
2009) (``Order'').

---------------------------------------------------------------------------
DATES: Effective Date: July 11, 2013.

FOR FURTHER INFORMATION CONTACT: Susan Pulongbarit or Steven Hampton, 
Office 9, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202)

[[Page 41785]]

482-4031 or (202) 482-0116, respectively.

SUPPLEMENTARY INFORMATION: 

Scope of the Antidumping Duty Order

    The merchandise subject to the order is uncovered innerspring 
units.\2\ 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.\3\
---------------------------------------------------------------------------

    \2\ See Memorandum to Paul Piquado, Assistant Secretary for 
Import Administration, from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
entitled ``Anticircumvention Inquiry Regarding the Antidumping Duty 
Order on Uncovered Innerspring Units from the People's Republic of 
China: Preliminary Determination Decision Memorandum for Reztec 
Industries Sdn Bhd'' which is dated concurrently with this notice 
(``Preliminary Decision Memorandum'') for a complete description of 
the scope of the Order.
    \3\ See Order, 74 FR at 7661.
---------------------------------------------------------------------------

Scope of the Anticircumvention Inquiry

    The products covered by this inquiry are innerspring units, as 
described above, that are manufactured in Malaysia by Reztec with PRC-
origin components and other direct materials, such as helical wires, 
and that are subsequently exported from Malaysia to the United States.

Methodology

    The Department has conducted this preliminary determination of 
circumvention in accordance with section 781(b) of the Act and 19 CFR 
351.225(h). For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. The Preliminary 
Decision Memorandum can be accessed directly on the internet at https://www.trade.gov/ia/ 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. 
The signed Preliminary Decision Memorandum and the electronic version 
of the Preliminary Decision Memorandum are identical in content. The 
Preliminary Decision Memorandum is hereby adopted by this notice.

Preliminary Findings

    As detailed in the Preliminary Decision Memorandum, the Department 
has preliminarily determined, using partial adverse facts available, 
that innerspring units completed and assembled in Malaysia by Reztec 
using components from the PRC and exported from Malaysia to the United 
States are circumventing the Order. Moreover, because Reztec cannot 
distinguish between those innerspring units it is exporting to the 
United States which contain PRC-origin components and those that do 
not, the Department has preliminarily determined that it is appropriate 
to instruct U.S. Customs and Border Protection (``CBP'') to suspend 
liquidation of all entries of innerspring units from Malaysia produced 
by Reztec as subject to the Order.\4\
---------------------------------------------------------------------------

    \4\ See Preliminary Decision Memorandum, at 15.
---------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with 19 CFR 351.225(l)(2), the Department will direct 
CBP to suspend liquidation and to require a cash deposit of estimated 
duties at the rate applicable to the exporter, on all unliquidated 
entries of innerspring units produced by Reztec that were entered, or 
withdrawn from warehouse, for consumption on or after May 23, 2012, the 
date of initiation of the anticircumvention inquiry.\5\
---------------------------------------------------------------------------

    \5\ Id., at 16.
---------------------------------------------------------------------------

    Should the Department conduct an administrative review in the 
future, and determine in the context of that review that Reztec did not 
produce for export innerspring units using PRC-origin innerspring 
components, the Department will consider initiating a changed 
circumstances review pursuant to section 751(b) of the Act to determine 
if the continued suspension of all innerspring units produced by Reztec 
is warranted.\6\
---------------------------------------------------------------------------

    \6\ See, e.g., Certain Tissue Paper Products From the People's 
Republic of China: Affirmative Final Determination of Circumvention 
of the Antidumping Duty Order, 76 FR 47554 (August 5, 2011).
---------------------------------------------------------------------------

Notification to the International Trade Commission

    The Department, consistent with section 781(e) of the Act and 19 
CFR 351.225(f)(7)(i)(B), has notified the International Trade 
Commission (``ITC'') of this preliminary determination to include the 
merchandise subject to this anticircumvention inquiry within the Order. 
Pursuant to section 781(e) of the Act, the ITC may request 
consultations concerning the Department's proposed inclusion of the 
subject merchandise. If, after consultations, the ITC believes that a 
significant injury issue is presented by the proposed inclusion, it 
will have 15 days to provide written advice to the Department.

Public Comment

    Because the Department may seek additional information, the 
Department will establish the case and rebuttal brief schedule at a 
later time and will notify parties of the briefing schedule in 
accordance with 19 CFR 351.309(b). Case and rebuttal briefs, when 
submitted, must comport with the requirements contained in 19 CFR 
351.309(c)(2) and (d)(2).
    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Import Administration, 
filed electronically via IA ACCESS. An electronically filed document 
must be received successfully in its entirety by the Department's 
electronic records system, IA ACCESS, by 5 p.m. Eastern Standard Time 
within 30 days after the date of publication of this notice.\7\ 
Requests should contain: (1) The party's name, address and telephone 
number; (2) the number of participants; and (3) a list of issues to be 
discussed. Issues raised in the hearing will be limited to those raised 
in the respective case and rebuttal briefs.
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

Final Determination

    The final determination with respect to this anticircumvention 
inquiry, including the results of the Department's analysis of any 
written comments, will be issued no later than August 16, 2013, unless 
extended.
    This preliminary affirmative circumvention determination is 
published in accordance with section 781(b) of the Act and 19 CFR 
351.225.

    Dated: July 2, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-16674 Filed 7-10-13; 8:45 am]
BILLING CODE 3510-DS-P