Uncovered Innerspring Units From the People's Republic of China: Affirmative Final Determination of Circumvention of the Antidumping Duty Order, 3345-3346 [2014-01053]

Download as PDF 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. tkelley on DSK3SPTVN1PROD with NOTICES BILLING CODE 3410–05–P VerDate Mar<15>2010 16:42 Jan 17, 2014 Jkt 232001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 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’’). E:\FR\FM\21JAN1.SGM 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: PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 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: E:\FR\FM\21JAN1.SGM 21JAN1

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
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