Uncovered Innerspring Units From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2013-2014, 9435-9437 [2015-03613]
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Federal Register / Vol. 80, No. 35 / Monday, February 23, 2015 / Notices
Salgado-Guzman had an interest at the
time of his conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until
May 5, 2024, Ernesto Salgado-Guzman,
with last known addresses of Inmate
Number—68370–097, Willacy County,
Correctional Institution, 1800 Industrial
Drive, Raymondville, TX 78580 and
16738 Harper Blvd., Madera, CA 93638,
and when acting for or on his behalf, his
successors, assigns, employees, agents
or representatives (the ‘‘Denied
Person’’), may not, directly or indirectly,
participate in any way in any
transaction involving any commodity,
software or technology (hereinafter
collectively referred to as ‘‘item’’)
exported or to be exported from the
United States that is subject to the
Regulations, including, but not limited
to:
A. Applying for, obtaining, or using
any license, License Exception, or
export control document;
B. Carrying on negotiations
concerning, or ordering, buying,
receiving, using, selling, delivering,
storing, disposing of, forwarding,
transporting, financing, or otherwise
servicing in any way, any transaction
involving any item exported or to be
exported from the United States that is
subject to the Regulations, or in any
other activity subject to the Regulations;
or
C. Benefitting in any way from any
transaction involving any item exported
or to be exported from the United States
that is subject to the Regulations, or in
any other activity subject to the
Regulations.
Second, no person may, directly or
indirectly, do any of the following:
A. Export or reexport to or on behalf
of the Denied Person any item subject to
the Regulations;
B. Take any action that facilitates the
acquisition or attempted acquisition by
the Denied Person of the ownership,
possession, or control of any item
subject to the Regulations that has been
or will be exported from the United
States, including financing or other
support activities related to a
transaction whereby the Denied Person
acquires or attempts to acquire such
ownership, possession or control;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from the Denied Person of
any item subject to the Regulations that
has been exported from the United
States;
D. Obtain from the Denied Person in
the United States any item subject to the
Regulations with knowledge or reason
to know that the item will be, or is
VerDate Sep<11>2014
14:19 Feb 20, 2015
Jkt 235001
intended to be, exported from the
United States; or
E. Engage in any transaction to service
any item subject to the Regulations that
has been or will be exported from the
United States and which is owned,
possessed or controlled by the Denied
Person, or service any item, of whatever
origin, that is owned, possessed or
controlled by the Denied Person if such
service involves the use of any item
subject to the Regulations that has been
or will be exported from the United
States. For purposes of this paragraph,
servicing means installation,
maintenance, repair, modification or
testing.
Third, after notice and opportunity for
comment as provided in Section 766.23
of the Regulations, any other person,
firm, corporation, or business
organization related to Salgado-Guzman
by ownership, control, position of
responsibility, affiliation, or other
connection in the conduct of trade or
business may also be made subject to
the provisions of this Order in order to
prevent evasion of this Order.
Fourth, in accordance with Part 756 of
the Regulations, Salgado-Guzman may
file an appeal of this Order with the
Under Secretary of Commerce for
Industry and Security. The appeal must
be filed within 45 days from the date of
this Order and must comply with the
provisions of Part 756 of the
Regulations.
Fifth, a copy of this Order shall be
delivered to the Salgado-Guzman. This
Order shall be published in the Federal
Register.
Sixth, this Order is effective
immediately and shall remain in effect
until May 5, 2024.
Issued this 12th day of February, 2015.
Thomas Andrukonis,
Acting Director, Office of Exporter Services.
[FR Doc. 2015–03590 Filed 2–20–15; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–928]
Uncovered Innerspring Units From the
People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review; 2013–
2014
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) is conducting an
administrative review of the
AGENCY:
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9435
antidumping duty order on uncovered
innerspring units (‘‘innerspring units’’)
from the People’s Republic of China
(‘‘PRC’’). The period of review is
February 1, 2013, through January 31,
2014. The review covers two exporters
of subject merchandise: Comfort Coil
Technology Sdn Bhd (‘‘Comfort Coil’’)
and Creative Furniture & Bedding
Manufacturing (‘‘Creative Furniture’’).
The Department preliminarily
determines that Comfort Coil had no
shipments of subject merchandise
during the POR. The Department also
preliminarily determines that Creative
Furniture did not cooperate to the best
of its ability and is, therefore, applying
adverse facts available (‘‘AFA’’) to
Creative Furniture’s PRC-origin
merchandise. Interested parties are
invited to comment on these
preliminary results.
FOR FURTHER INFORMATION CONTACT:
Susan Pulongbarit, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–4031.
SUPPLEMENTARY INFORMATION:
Background
On February 19, 2009, the Department
published in the Federal Register notice
of an antidumping duty order on
innerspring units from the PRC (‘‘the
Order’’).1 On February 28, 2014, Leggett
& Platt, Inc. (‘‘Petitioner’’) submitted a
request for the Department to conduct
an administrative review of the Order
that examines Comfort Coil’s and
Creative Furniture’s exports of subject
merchandise made during the POR.2 On
April 1, 2014, the Department published
in the Federal Register a notice of
initiation of this administrative review
of the Order concerning Comfort Coil’s
and Creative Furniture’s POR exports of
subject merchandise.3 4
Scope of the Order
The merchandise subject to the order
is uncovered innerspring units
1 See Uncovered Innerspring Units from the
People’s Republic of China: Notice of Antidumping
Duty Order, 74 FR 7661 (February 19, 2009).
2 See Request for Antidumping Administrative
Review of the Antidumping Duty Order on
Uncovered Innerspring Units from the People’s
Republic of China, dated February 28, 2014.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 79 FR 18262, 18272
(April 1, 2014) (‘‘Initiation Notice’’).
4 Comfort Coil and Creative Furniture are both
located in market economy countries. As a result,
the Department is examining each company’s
respective PRC exports of subject merchandise for
this administrative review.
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23FEN1
9436
Federal Register / Vol. 80, No. 35 / Monday, February 23, 2015 / Notices
composed of a series of individual metal
springs joined together in sizes
corresponding to the sizes of adult
mattresses (e.g., twin, twin long, full,
full long, queen, California king and
king) and units used in smaller
constructions, such as crib and youth
mattresses. 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, or 7320.90.5010 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
Rmajette on DSK2VPTVN1PROD with NOTICES
Methodology
The Department has conducted this
review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as
amended (‘‘the Act’’). With respect to
Creative Furniture, we relied on facts
available and, because Creative
Furniture did not act to the best of its
ability to respond to the Department’s
requests for information, we drew an
adverse inference in selecting from
among the facts otherwise available.6
For a full description of the
methodology underlying our
conclusions, please see the Preliminary
Decision Memorandum. The
Preliminary Decision Memorandum is a
public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘ACCESS’’).7
ACCESS is available to registered users
at https://access.trade.gov and in the
Central Records Unit, room 7046 of the
main Department of Commerce
building. In addition, a complete
version of the Preliminary Decision
5 For a complete description of the scope of the
subject antidumping duty order, see Memorandum
to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, from Christian
Marsh, Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations, entitled
‘‘Decision Memorandum for Preliminary Results of
2013–2014 Antidumping Duty Administrative
Review: Uncovered Innerspring Units from the
People’s Republic of China’’ (‘‘Preliminary Decision
Memorandum’’), dated concurrently with these
results and hereby adopted by this notice.
6 See sections 776(a) and (b) of the Act.
7 On November 24, 2014, Enforcement and
Compliance changed the name of its centralized
electronic service system to ACCESS. The Web site
location was changed from https://iaaccess.trade.gov
to https://access.trade.gov. The Department
published in the Federal Register the final rule
changing the references to ‘‘IA ACCESS’’ in the
Department’s regulations to ‘‘ACCESS.’’ See
Enforcement and Compliance; Change of Electronic
Filing System Name, 79 FR 69046 (November 20,
2014).
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14:19 Feb 20, 2015
Jkt 235001
Memorandum can be accessed directly
on the Internet at https://
enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and
the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Preliminary Determination of No
Shipments
Comfort Coil timely submitted a
certification indicating that it had no
exports, sales, or entries of subject
merchandise to the United States during
the POR.8 To corroborate Comfort Coil’s
no shipments claim, the Department
submitted a formal query to U.S.
Customs & Border Protection (‘‘CBP’’),
the results of which did not provide any
evidence that contradicts Comfort Coil’s
claim of no shipments. Moreover, no
party commented on Comfort Coil’s no
shipments claim or the results of the
CBP query. Based on the certification of
Comfort Coil and our analysis of the
CBP information, the Department
preliminarily determines that Comfort
Coil did not have any reviewable
transactions during the POR. In
addition, consistent with the
Department’s practice in nonmarket
economy (‘‘NME’’) cases, the
Department finds that it is appropriate
not to rescind the review, in part, in
these circumstances, but rather to
complete the review with respect to
Comfort Coil and issue appropriate
instructions to CBP based on the final
results of the review.9
Preliminary Results of Review
The Department preliminarily
determines that a dumping margin of
234.51 percent exists for Creative
Furniture for the period February 1,
2013, through January 31, 2014.
Public Comment
Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs
not later than 30 days after the date of
publication of this notice in the Federal
Register. Rebuttal briefs, limited to
issues raised in the case briefs, may be
filed not later than five days after the
date for filing case briefs.10 Parties who
submit case briefs or rebuttal briefs in
this proceeding are encouraged to
submit with each argument: (1) A
statement of the issue; (2) a brief
summary of the argument; and (3) a
8 See Uncovered Innerspring Units from the
People’s Republic of China: No Sales Certifications
Clarifications, dated December 2, 2014.
9 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–95 (October 24, 2011) and the
‘‘Assessment Rates’’ section below.
10 See 19 CFR 351.309(d).
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table of authorities.11 Case and rebuttal
briefs should be filed using ACCESS.12
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
Enforcement and Compliance, filed
electronically via ACCESS. An
electronically filed document must be
received successfully in its entirety by
5 p.m. Eastern Standard Time within 30
days after the date of publication of this
notice in the Federal Register.13
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
briefs. The Department will issue the
final results of this administrative
review, including the results of its
analysis of the issues raised in any
written briefs, not later than 120 days
after the date of publication of this
notice, pursuant to section 751(a)(3)(A)
of the Act.
Assessment Rates
Upon issuance of the final results, the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review.14 The Department intends to
issue assessment instructions to CBP 15
days after the publication date of the
final results of this review. We will
instruct CBP to assess duties at the ad
valorem margin rate published above.
We will instruct CBP to assess
antidumping duties on all appropriate
entries covered by this review if any
assessment rate calculated in the final
results of this review is above de
minimis. Additionally, pursuant to its
assessment practice in NME cases, if the
Department continues to determine that
Comfort Coil had no shipments of the
subject merchandise, any suspended
entries that entered under that
exporter’s case number (i.e., at that
exporter’s rate) will be liquidated at the
PRC-wide rate.15 The final results of this
review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
final results of this review and for future
deposits of estimated duties, where
applicable. The Department will assess
duties only on entries of Comfort Coil’s
11 See
19 CFR 351.309(c)(2) and (d)(2).
19 CFR 351.303.
13 See 19 CFR 351.310(c).
14 See 19 CFR 351.212(b)(1).
15 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
12 See
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Federal Register / Vol. 80, No. 35 / Monday, February 23, 2015 / Notices
Dated: February 13, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
and Creative Furniture’s PRC-origin
merchandise.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for shipments of
the subject merchandise from the PRC
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by section
751(a)(2)(C) of the Act: (1) For Comfort
Coil, which claimed no shipments, the
Department has not established a cash
deposit rate in this administrative
review, for Creative Furniture, the cash
deposit rate will be that established in
the final results of this review (except,
if the rate is zero or de minimis, then
zero cash deposit will be required) and
the Department will collect cash
deposits only on Comfort Coil’s and
Creative Furniture’s PRC-origin
merchandise; (2) for previously
investigated or reviewed PRC and nonPRC exporters not listed above that
received a separate rate in a prior
segment of this proceeding, the cash
deposit rate will continue to be the
existing exporter-specific rate published
for the most recently completed period;
(3) for all PRC exporters of subject
merchandise that 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 nonPRC exporters of subject merchandise
which have not received their own rate,
the cash deposit rate will be the rate
applicable to the PRC exporter that
supplied that non-PRC exporter. These
deposit requirements, when imposed,
shall remain in effect until further
notice.
Rmajette on DSK2VPTVN1PROD with NOTICES
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213.
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Jkt 235001
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Preliminary Determination of No
Shipments
5. Facts Otherwise Available
6. Adverse Facts Available
7. Corroboration
8. Recommendation
[FR Doc. 2015–03613 Filed 2–20–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
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: Shipboard Observation Form for
Floating Marine Debris.
OMB Control Number: 0648–0644.
Form Number(s): None.
Type of Request: Regular (extension of
a currently approved information
collection).
Number of Respondents: 20.
Average Hours Per Response: 30
minutes.
Burden Hours: 10.
Needs and Uses: This request is for
extension of a currently approved
information collection.
This data collection project will be
coordinated by the NOAA Marine
Debris Program, and involve
recreational and commercial vessels
(respondents), shipboard observers
(respondents), NGOs (respondents) as
well as numerous experts on marine
debris observations at sea. The
Shipboard Observation Form for
Floating Marine Debris was created
based on methods used in studies of
floating marine debris by established
researchers, previous shipboard
observational studies conducted at sea
by NOAA, and the experience and input
of recreational sailors. The goal of this
form is to be able to calculate the
density of marine debris within an area
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9437
of a known size. Additionally, this form
will help collect data on potential
marine debris resulting from the March
2011 Japan tsunami in order to better
model movement of the debris as well
as prepare (as needed) for continued
debris arrival to areas around the
Pacific. This form may additionally be
used to collect data on floating marine
debris in any water body.
Affected Public: Individuals or
households; not-for-profit institutions;
business or other for-profit
organizations.
Frequency: On occasion.
Respondent’s Obligation: Voluntary.
This information collection request
may be viewed at reginfo.gov. Follow
the instructions to view Department of
Commerce collections currently under
review by OMB.
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 or fax to (202) 395–5806.
Dated: February 17, 2015.
Sarah Brabson,
NOAA PRA Clearance Officer.
[FR Doc. 2015–03536 Filed 2–20–15; 8:45 am]
BILLING CODE 3510–JE–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
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: Coral Reef Conservation
Program Administration.
OMB Control Number: 0648–0448.
Form Number(s): None.
Type of Request: Regular (extension of
a currently approved information
collection).
Number of Respondents: 35.
Average Hours Per Response: 2.
Burden Hours: 70.
Needs and Uses: This request is for
extension of a currently approved
information collection.
The Coral Reef Conservation Act of
2000 (Act) was enacted to provide a
framework for conserving coral reefs.
The Coral Reef Conservation Grant
Program, under the Act, provides funds
E:\FR\FM\23FEN1.SGM
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Agencies
[Federal Register Volume 80, Number 35 (Monday, February 23, 2015)]
[Notices]
[Pages 9435-9437]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-03613]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-928]
Uncovered Innerspring Units From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review; 2013-
2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is conducting
an administrative review of the antidumping duty order on uncovered
innerspring units (``innerspring units'') from the People's Republic of
China (``PRC''). The period of review is February 1, 2013, through
January 31, 2014. The review covers two exporters of subject
merchandise: Comfort Coil Technology Sdn Bhd (``Comfort Coil'') and
Creative Furniture & Bedding Manufacturing (``Creative Furniture'').
The Department preliminarily determines that Comfort Coil had no
shipments of subject merchandise during the POR. The Department also
preliminarily determines that Creative Furniture did not cooperate to
the best of its ability and is, therefore, applying adverse facts
available (``AFA'') to Creative Furniture's PRC-origin merchandise.
Interested parties are invited to comment on these preliminary results.
FOR FURTHER INFORMATION CONTACT: Susan Pulongbarit, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-4031.
SUPPLEMENTARY INFORMATION:
Background
On February 19, 2009, the Department published in the Federal
Register notice of an antidumping duty order on innerspring units from
the PRC (``the Order'').\1\ On February 28, 2014, Leggett & Platt, Inc.
(``Petitioner'') submitted a request for the Department to conduct an
administrative review of the Order that examines Comfort Coil's and
Creative Furniture's exports of subject merchandise made during the
POR.\2\ On April 1, 2014, the Department published in the Federal
Register a notice of initiation of this administrative review of the
Order concerning Comfort Coil's and Creative Furniture's POR exports of
subject merchandise.3 4
---------------------------------------------------------------------------
\1\ See Uncovered Innerspring Units from the People's Republic
of China: Notice of Antidumping Duty Order, 74 FR 7661 (February 19,
2009).
\2\ See Request for Antidumping Administrative Review of the
Antidumping Duty Order on Uncovered Innerspring Units from the
People's Republic of China, dated February 28, 2014.
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 79 FR
18262, 18272 (April 1, 2014) (``Initiation Notice'').
\4\ Comfort Coil and Creative Furniture are both located in
market economy countries. As a result, the Department is examining
each company's respective PRC exports of subject merchandise for
this administrative review.
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the order is uncovered innerspring units
[[Page 9436]]
composed of a series of individual metal springs joined together in
sizes corresponding to the sizes of adult mattresses (e.g., twin, twin
long, full, full long, queen, California king and king) and units used
in smaller constructions, such as crib and youth mattresses. 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, or 7320.90.5010 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\
---------------------------------------------------------------------------
\5\ For a complete description of the scope of the subject
antidumping duty order, see Memorandum to Paul Piquado, Assistant
Secretary for Enforcement and Compliance, from Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, entitled ``Decision Memorandum for Preliminary Results
of 2013-2014 Antidumping Duty Administrative Review: Uncovered
Innerspring Units from the People's Republic of China''
(``Preliminary Decision Memorandum''), dated concurrently with these
results and hereby adopted by this notice.
---------------------------------------------------------------------------
Methodology
The Department has conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (``the Act''). With
respect to Creative Furniture, we relied on facts available and,
because Creative Furniture did not act to the best of its ability to
respond to the Department's requests for information, we drew an
adverse inference in selecting from among the facts otherwise
available.\6\
---------------------------------------------------------------------------
\6\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
For a full description of the methodology underlying our
conclusions, please see the Preliminary Decision Memorandum. The
Preliminary Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System
(``ACCESS'').\7\ ACCESS is available to registered users at https://access.trade.gov and in the Central Records Unit, room 7046 of the main
Department of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly on the
Internet at https://enforcement.trade.gov/frn/. The signed Preliminary
Decision Memorandum and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\7\ On November 24, 2014, Enforcement and Compliance changed the
name of its centralized electronic service system to ACCESS. The Web
site location was changed from https://iaaccess.trade.gov to https://access.trade.gov. The Department published in the Federal Register
the final rule changing the references to ``IA ACCESS'' in the
Department's regulations to ``ACCESS.'' See Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014).
---------------------------------------------------------------------------
Preliminary Determination of No Shipments
Comfort Coil timely submitted a certification indicating that it
had no exports, sales, or entries of subject merchandise to the United
States during the POR.\8\ To corroborate Comfort Coil's no shipments
claim, the Department submitted a formal query to U.S. Customs & Border
Protection (``CBP''), the results of which did not provide any evidence
that contradicts Comfort Coil's claim of no shipments. Moreover, no
party commented on Comfort Coil's no shipments claim or the results of
the CBP query. Based on the certification of Comfort Coil and our
analysis of the CBP information, the Department preliminarily
determines that Comfort Coil did not have any reviewable transactions
during the POR. In addition, consistent with the Department's practice
in nonmarket economy (``NME'') cases, the Department finds that it is
appropriate not to rescind the review, in part, in these circumstances,
but rather to complete the review with respect to Comfort Coil and
issue appropriate instructions to CBP based on the final results of the
review.\9\
---------------------------------------------------------------------------
\8\ See Uncovered Innerspring Units from the People's Republic
of China: No Sales Certifications Clarifications, dated December 2,
2014.
\9\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) and
the ``Assessment Rates'' section below.
---------------------------------------------------------------------------
Preliminary Results of Review
The Department preliminarily determines that a dumping margin of
234.51 percent exists for Creative Furniture for the period February 1,
2013, through January 31, 2014.
Public Comment
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs not later than 30 days after the date of publication of this
notice in the Federal Register. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed not later than five days after
the date for filing case briefs.\10\ Parties who submit case briefs or
rebuttal briefs in this proceeding are encouraged to submit with each
argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.\11\ Case and rebuttal briefs
should be filed using ACCESS.\12\
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\10\ See 19 CFR 351.309(d).
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
\12\ See 19 CFR 351.303.
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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 Enforcement and
Compliance, filed electronically via ACCESS. An electronically filed
document must be received successfully in its entirety by 5 p.m.
Eastern Standard Time within 30 days after the date of publication of
this notice in the Federal Register.\13\ 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
briefs. The Department will issue the final results of this
administrative review, including the results of its analysis of the
issues raised in any written briefs, not later than 120 days after the
date of publication of this notice, pursuant to section 751(a)(3)(A) of
the Act.
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\13\ See 19 CFR 351.310(c).
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Assessment Rates
Upon issuance of the final results, the Department will determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by this review.\14\ The Department intends to issue assessment
instructions to CBP 15 days after the publication date of the final
results of this review. We will instruct CBP to assess duties at the ad
valorem margin rate published above. We will instruct CBP to assess
antidumping duties on all appropriate entries covered by this review if
any assessment rate calculated in the final results of this review is
above de minimis. Additionally, pursuant to its assessment practice in
NME cases, if the Department continues to determine that Comfort Coil
had no shipments of the subject merchandise, any suspended entries that
entered under that exporter's case number (i.e., at that exporter's
rate) will be liquidated at the PRC-wide rate.\15\ The final results of
this review shall be the basis for the assessment of antidumping duties
on entries of merchandise covered by the final results of this review
and for future deposits of estimated duties, where applicable. The
Department will assess duties only on entries of Comfort Coil's
[[Page 9437]]
and Creative Furniture's PRC-origin merchandise.
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\14\ See 19 CFR 351.212(b)(1).
\15\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) For Comfort Coil,
which claimed no shipments, the Department has not established a cash
deposit rate in this administrative review, for Creative Furniture, the
cash deposit rate will be that established in the final results of this
review (except, if the rate is zero or de minimis, then zero cash
deposit will be required) and the Department will collect cash deposits
only on Comfort Coil's and Creative Furniture's PRC-origin merchandise;
(2) for previously investigated or reviewed PRC and non-PRC exporters
not listed above that received a separate rate in a prior segment of
this proceeding, the cash deposit rate will continue to be the existing
exporter-specific rate published for the most recently completed
period; (3) for all PRC exporters of subject merchandise that 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
exporter that supplied that non-PRC exporter. These deposit
requirements, when imposed, shall remain in effect until further
notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.
Dated: February 13, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Preliminary Determination of No Shipments
5. Facts Otherwise Available
6. Adverse Facts Available
7. Corroboration
8. Recommendation
[FR Doc. 2015-03613 Filed 2-20-15; 8:45 am]
BILLING CODE 3510-DS-P