Uncovered Innerspring Units From the People's Republic of China: Affirmative Final Determination of Circumvention of the Antidumping Duty Order, 3345-3346 [2014-01053]
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Federal Register / Vol. 79, No. 13 / Tuesday, January 21, 2014 / Notices
3345
persons are not required to respond to
the collection of information unless it
displays a currently valid OMB control
number.
DEPARTMENT OF COMMERCE
International Trade Administration
rebuttal brief.4 The Department has
conducted this anticircumvention
inquiry in accordance with section
781(b) of the Act and 19 CFR 351.225.
Farm Service Agency
[A–570–928]
Scope of the Antidumping Duty Order
Title: Guaranteed Farm Loans
OMB Control Number: 0560–0155
Summary of Collection: The
Consolidated Farm and Rural
Development Act (CONACT), as
amended, authorize the Secretary of
Agriculture to make and service loans
guaranteed by the Farm Service Agency
(FSA) to eligible farmers and ranchers.
The statutory authority for the
guaranteed loan program is set out in
the Code of Federal Regulations, Title 7,
Chapter VII, part 762. The loans made
and serviced under 762 include farm
operating, farm ownership, and soil and
water loans and recreation loans. The
loan applicant must be a citizen of the
United States, own and operate or
become the owner and operator of not
larger than a family size farm and be
unable to obtain sufficient credit
elsewhere at reasonable rates and terms.
FSA will collect information using
several agency forms.
Need and Use of the Information: FSA
will collect information to determine
lender and loan applicant eligibility for
farm loan guarantees, and to ensure the
lender protects the government’s
financial interests. FSA also provides
guarantees for loans made by private
sellers of a farm or ranch on a land
contract sales basis. This information is
needed to effectively administer the
FSA Land Contract Guarantee Program.
If the information were not collected,
the agency would be unable to meet the
congressionally mandated mission of
the guaranteed loan program.
Description of Respondents: Farms;
business or other for-profit
Number of Respondents: 16,183
Frequency of Responses: Reporting:
Other (when applying for loans)
Total Burden Hours: 253,097
Uncovered Innerspring Units From the
People’s Republic of China:
Affirmative Final Determination of
Circumvention of the Antidumping
Duty Order
The merchandise subject to the order
is uncovered innerspring units.5 The
product is currently classified under
subheading 9404.29.9010 and has also
been classified under subheadings
9404.10.0000, 9404.29.9005,
9404.29.9011, 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.
Ruth Brown,
Departmental Information Collection
Clearance Officer.
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 11, 2013, the
Department of Commerce (‘‘the
Department’’) published the affirmative
preliminary determination of
circumvention of the antidumping duty
order on uncovered innerspring units
(‘‘innerspring units’’) from the People’s
Republic of China (‘‘PRC’’).1 We gave
interested parties an opportunity to
comment on the Preliminary
Determination. Based on our analysis of
these comments and the facts of record,
our final determination remains
unchanged from the Preliminary
Determination.
DATES: Effective Date: January 21, 2014.
FOR FURTHER INFORMATION CONTACT:
Steven Hampton, Office V, Enforcement
and Compliance, 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 July 11, 2013, the Department
published the Preliminary
Determination finding that innerspring
units completed and assembled in
Malaysia by Reztec Industries Sdn Bhd
(‘‘Reztec’’) and exported to the United
States are circumventing the
antidumping duty order on innerspring
units from the PRC,2 as provided in
section 781(b) of the Tariff Act of 1930,
as amended (‘‘the Act’’). We invited
interested parties to comment on the
Preliminary Determination. On August
19, 2013, Reztec filed a case brief.3 On
August 26, 2013, Leggett & Platt,
Incorporated (‘‘Petitioner’’) submitted a
[FR Doc. 2014–01027 Filed 1–17–14; 8:45 am]
1 See Uncovered Innerspring Units from the
People’s Republic of China: Affirmative Preliminary
Determination of Circumvention of the
Antidumping Duty Order, 78 FR 41784 (July 11,
2013) (‘‘Preliminary Determination’’).
2 Id.
3 See Letter from Reztec to the Department
regarding Uncovered Innerspring Units from the
People’s Republic of China: Case Brief of Reztec
Industries Sdn Bhd dated August 19, 2013.
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BILLING CODE 3410–05–P
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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.
Analysis of Comments Received
All issues raised in the case briefs by
parties in this circumvention inquiry are
listed in the Appendix to this notice and
addressed in the Issues and Decision
Memorandum, which is hereby adopted
by this notice. The Issues and Decision
Memorandum can be accessed directly
on the internet at: https://
enforcement.trade.gov/frn/ and is on file
electronically via Enforcement and
Compliance’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 Issues and Decision
Memorandum and the electronic
version of the Issues and Decision
Memorandum are identical in content.
4 See Letter from Petitioner to the Department
regarding Uncovered Innerspring Units from the
People’s Republic of China dated August 26, 2013.
5 For a complete description of the scope of the
subject antidumping duty order, see Memorandum
to Christian Marsh, Acting Assistant Secretary for
Enforcement and Compliance, from James C. Doyle,
Director, Office V, Antidumping Duty and
Countervailing Duty Operations, entitled
‘‘Anticircumvention Inquiry Regarding the
Antidumping Duty Order on Uncovered Innerspring
Units from the People’s Republic of China: Issues
and Decision Memorandum for the Final
Determination’’ and dated concurrently with this
notice (‘‘Issues and Decision Memorandum’’).
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21JAN1
3346
Federal Register / Vol. 79, No. 13 / Tuesday, January 21, 2014 / Notices
Final Determination
In the Preliminary Determination, the
Department found, using partial adverse
facts available, that innersprings units
completed and assembled in Malaysia
by Reztec using components from PRC
and exported from Malaysia to the
United States are circumventing the
PRC Innerspring Units Order 6, pursuant
to section 781(b) of the Act. 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
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
PRC Innerspring Units Order. Our final
determination remains unchanged from
our Preliminary Determination.
Therefore, the Department determines
that it is appropriate to include this
merchandise within the scope of the
PRC Innerspring Units Order and to
continue to instruct CBP to suspend all
entries of innerspring units from
Malaysia produced by Reztec.
APO is a violation which is subject to
sanction.
This final affirmative circumvention
determination is published in
accordance with section 781(b) of the
Act and 19 CFR 351.225.
Dated: January 13, 2014.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
Discussion of the Issues
Comment 1: Whether the Department Should
Continue to Find Reztec’s Malaysian
Production Process to be Minor or
Insignificant
Comment 2: Application of Partial AFA with
respect to Whether the Value of the
Merchandise Produced in the PRC is a
Significant Portion of the Total Value of
the Merchandise that Reztec Exported
from Malaysia to the United States
Comment 3: Whether the Department Should
Provide Additional Guidance to Reztec
Regarding Future Compliance with Any
Affirmative Finding
[FR Doc. 2014–01053 Filed 1–17–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Continuation of Suspension of
Liquidation
National Oceanic and Atmospheric
Administration
In accordance with section 781(b) of
the Act and 19 CFR 351.225(1)(3), the
Department will continue to 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 from Malaysia 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.7
RIN 0648–XD084
Notice to Parties
tkelley on DSK3SPTVN1PROD with NOTICES
This notice serves as the only
reminder to parties subject to the
administrative protection order (‘‘APO’’)
of their responsibility concerning the
return or destruction of proprietary
information disclosed under 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 terms of an
6 See
Uncovered Innerspring Units from the
People’s Republic of China: Notice of Antidumping
Duty Order, 74 FR 7661 (February 19, 2009) (‘‘PRC
Innerspring Units Order’’).
7 See Uncovered Innerspring Units from the
People’s Republic China: Initiation of
Anticircumvention Inquiry, 77 FR 30501 (May 23,
2012).
VerDate Mar<15>2010
16:42 Jan 17, 2014
Jkt 232001
Mid-Atlantic Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of a public meeting.
AGENCY:
The Mid-Atlantic Fishery
Management Council (Council) will
hold a workshop to solicit input from
fishing industry members and other
stakeholders on best management
practices for offshore wind development
in the United States.
DATES: The meeting will begin on
Wednesday, February 5, 2014 at 1 p.m.
and will end on Thursday, February 6,
2014 no later than 5:30 p.m.
Meeting address: The meeting will be
held at the Embassy Suites, 222 St. Paul
Place, Baltimore, MD 21202; telephone:
(800) 362–2779.
Council address: Mid-Atlantic Fishery
Management Council, 800 N. State
Street, Suite 201, Dover, DE 19901;
telephone: (302) 674–2331.
FOR FURTHER INFORMATION CONTACT: Dr.
Christopher M. Moore, Executive
Director, Mid-Atlantic Fishery
Management Council, 800 N. State
SUMMARY:
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Street, Suite 201, Dover, DE 19901;
telephone: (302) 526–5255.
SUPPLEMENTARY INFORMATION: The
purpose of the workshop is to facilitate
stakeholder involvement in the
development and refinement of best
management practices (BMPs) for
offshore wind development. The
workshop will provide a forum for
fishermen, fishery managers, other
decision makers, and offshore wind
experts to provide input on the Bureau
of Ocean Energy Management’s (BOEM)
Draft Report on Fishing Best
Management Practices and Mitigation
Measures (https://www.boem.gov/DraftReport-on-Fishing-Best-ManagementPractices-and-Mitigation-Measures/).
The Council is planning the workshop
in coordination with BOEM, and input
provided during the workshop will be
incorporated into the final BMPs
adopted by BOEM.
Although non-emergency issues not
contained in this agenda may come
before this group for discussion, those
issues may not be the subject of formal
action during this meeting. Action will
be restricted to those issues specifically
listed in this notice and any issues
arising after publication of this notice
that require emergency action under
section 305(c) of the Magnuson-Stevens
Fishery Conservation and Management
Act, provided the public has been
notified of the Council’s intent to take
final action to address the emergency.
Special Accommodations
The meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to M.
Jan Saunders at the Mid-Atlantic
Council Office, (302) 526–5251, at least
5 days prior to the meeting date.
Dated: January 14, 2014.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2014–00925 Filed 1–17–14; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XB157
Marine Mammals; File No. 14856
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of permit.
AGENCY:
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Agencies
[Federal Register Volume 79, Number 13 (Tuesday, January 21, 2014)]
[Notices]
[Pages 3345-3346]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01053]
=======================================================================
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-928]
Uncovered Innerspring Units From the People's Republic of China:
Affirmative Final Determination of Circumvention of the Antidumping
Duty Order
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: On July 11, 2013, the Department of Commerce (``the
Department'') published the affirmative preliminary determination of
circumvention of the antidumping duty order on uncovered innerspring
units (``innerspring units'') from the People's Republic of China
(``PRC'').\1\ We gave interested parties an opportunity to comment on
the Preliminary Determination. Based on our analysis of these comments
and the facts of record, our final determination remains unchanged from
the Preliminary Determination.
---------------------------------------------------------------------------
\1\ See Uncovered Innerspring Units from the People's Republic
of China: Affirmative Preliminary Determination of Circumvention of
the Antidumping Duty Order, 78 FR 41784 (July 11, 2013)
(``Preliminary Determination'').
---------------------------------------------------------------------------
DATES: Effective Date: January 21, 2014.
FOR FURTHER INFORMATION CONTACT: Steven Hampton, Office V, Enforcement
and Compliance, 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 July 11, 2013, the Department published the Preliminary
Determination finding that innerspring units completed and assembled in
Malaysia by Reztec Industries Sdn Bhd (``Reztec'') and exported to the
United States are circumventing the antidumping duty order on
innerspring units from the PRC,\2\ as provided in section 781(b) of the
Tariff Act of 1930, as amended (``the Act''). We invited interested
parties to comment on the Preliminary Determination. On August 19,
2013, Reztec filed a case brief.\3\ On August 26, 2013, Leggett &
Platt, Incorporated (``Petitioner'') submitted a rebuttal brief.\4\ The
Department has conducted this anticircumvention inquiry in accordance
with section 781(b) of the Act and 19 CFR 351.225.
---------------------------------------------------------------------------
\2\ Id.
\3\ See Letter from Reztec to the Department regarding Uncovered
Innerspring Units from the People's Republic of China: Case Brief of
Reztec Industries Sdn Bhd dated August 19, 2013.
\4\ See Letter from Petitioner to the Department regarding
Uncovered Innerspring Units from the People's Republic of China
dated August 26, 2013.
---------------------------------------------------------------------------
Scope of the Antidumping Duty Order
The merchandise subject to the order is uncovered innerspring
units.\5\ The product is currently classified under subheading
9404.29.9010 and has also been classified under subheadings
9404.10.0000, 9404.29.9005, 9404.29.9011, 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.
---------------------------------------------------------------------------
\5\ For a complete description of the scope of the subject
antidumping duty order, see Memorandum to Christian Marsh, Acting
Assistant Secretary for Enforcement and Compliance, from James C.
Doyle, Director, Office V, Antidumping Duty and Countervailing Duty
Operations, entitled ``Anticircumvention Inquiry Regarding the
Antidumping Duty Order on Uncovered Innerspring Units from the
People's Republic of China: Issues and Decision Memorandum for the
Final Determination'' and dated concurrently with this notice
(``Issues and Decision Memorandum'').
---------------------------------------------------------------------------
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.
Analysis of Comments Received
All issues raised in the case briefs by parties in this
circumvention inquiry are listed in the Appendix to this notice and
addressed in the Issues and Decision Memorandum, which is hereby
adopted by this notice. The Issues and Decision Memorandum can be
accessed directly on the internet at: https://enforcement.trade.gov/frn/
and is on file electronically via Enforcement and Compliance'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 Issues and
Decision Memorandum and the electronic version of the Issues and
Decision Memorandum are identical in content.
[[Page 3346]]
Final Determination
In the Preliminary Determination, the Department found, using
partial adverse facts available, that innersprings units completed and
assembled in Malaysia by Reztec using components from PRC and exported
from Malaysia to the United States are circumventing the PRC
Innerspring Units Order \6\, pursuant to section 781(b) of the Act.
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 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
PRC Innerspring Units Order. Our final determination remains unchanged
from our Preliminary Determination. Therefore, the Department
determines that it is appropriate to include this merchandise within
the scope of the PRC Innerspring Units Order and to continue to
instruct CBP to suspend all entries of innerspring units from Malaysia
produced by Reztec.
---------------------------------------------------------------------------
\6\ See Uncovered Innerspring Units from the People's Republic
of China: Notice of Antidumping Duty Order, 74 FR 7661 (February 19,
2009) (``PRC Innerspring Units Order'').
---------------------------------------------------------------------------
Continuation of Suspension of Liquidation
In accordance with section 781(b) of the Act and 19 CFR
351.225(1)(3), the Department will continue to 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 from Malaysia 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.\7\
---------------------------------------------------------------------------
\7\ See Uncovered Innerspring Units from the People's Republic
China: Initiation of Anticircumvention Inquiry, 77 FR 30501 (May 23,
2012).
---------------------------------------------------------------------------
Notice to Parties
This notice serves as the only reminder to parties subject to the
administrative protection order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under 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 terms of an APO is a violation which
is subject to sanction.
This final affirmative circumvention determination is published in
accordance with section 781(b) of the Act and 19 CFR 351.225.
Dated: January 13, 2014.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
Discussion of the Issues
Comment 1: Whether the Department Should Continue to Find Reztec's
Malaysian Production Process to be Minor or Insignificant
Comment 2: Application of Partial AFA with respect to Whether the
Value of the Merchandise Produced in the PRC is a Significant
Portion of the Total Value of the Merchandise that Reztec Exported
from Malaysia to the United States
Comment 3: Whether the Department Should Provide Additional Guidance
to Reztec Regarding Future Compliance with Any Affirmative Finding
[FR Doc. 2014-01053 Filed 1-17-14; 8:45 am]
BILLING CODE 3510-DS-P