Uncovered Innerspring Units From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2013-2014, 53105-53106 [2015-21775]

Download as PDF Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / Notices information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which may be subject to sanctions. These five-year (sunset) reviews and notice are in accordance with sections 751(c) and (d)(2), and 777(i) the Act, and 19 CFR 351.218(f)(4). Dated: August 27, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015–21771 Filed 9–1–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–928] Uncovered Innerspring Units From the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2013–2014 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On February 23, 2015, the Department of Commerce (‘‘the Department’’) published in the Federal Register the preliminary results of the administrative review of the antidumping duty order on uncovered innerspring units (‘‘innersprings’’) from the People’s Republic of China (‘‘PRC’’) covering the period February 1, 2013, through January 31, 2014.1 The Department gave interested parties an opportunity to comment on the Preliminary Results. Based on our analysis of these comments, our final results remain unchanged from the Preliminary Results. DATES: Effective Date: September 2, 2015. FOR FURTHER INFORMATION CONTACT: Kenneth Hawkins, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–6491. SUPPLEMENTARY INFORMATION: mstockstill on DSK4VPTVN1PROD with NOTICES AGENCY: Background This review covers two exporters of subject merchandise: Comfort Coil Technology Sdn Bhd (‘‘Comfort Coil’’) and Creative Furniture & Bedding Manufacturing (‘‘Creative Furniture’’). 1 See Uncovered Innerspring Units from the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2013– 2014, 80 FR 9435 (February 23, 2015) (‘‘Preliminary Results’’). VerDate Sep<11>2014 19:04 Sep 01, 2015 Jkt 235001 On February 23, 2015, the Department published the Preliminary Results in the Federal Register, and provided interested parties an opportunity to comment.2 On March 25, 2015, the Department received a case brief from Leggett and Platt, Inc. (‘‘Petitioner’’).3 No other interested party filed case or rebuttal briefs. Scope of the Order The merchandise subject to the order is uncovered innerspring units.4 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. Analysis of Comments Received All issues raised in Petitioner’s case brief are addressed in the Issues and Decision Memorandum, which is incorporated herein by reference. A list of the issues which parties raised, and to which we respond in the Issues and Decision Memorandum, is attached to this notice as an Appendix. The Issues and 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’’). ACCESS is available to registered users at http:// access.trade.gov, and it is available to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at http:// enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the electronic versions of the Issues Decision Memorandum are identical in content. 2 Id. 3 See Letter from Petitioners, to the Department, regarding Fifth Administrative Review of the Antidumping Duty Order on Uncovered Innerspring Units from the People’s Republic of China: Case Brief, dated March 25, 2015 (‘‘Petitioner’s Case Brief’’). 4 See Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, from Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, entitled ‘‘Uncovered Innerspring Units from the People’s Republic of China: Issues and Decision Memorandum for the Final Results of the 2013–2014 Administrative Review,’’ which is dated concurrently with and hereby adopted by this notice (‘‘Issues and Decision Memorandum’’) for a complete description of the Scope of the Order. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 53105 Use of Facts Available and Adverse Facts Available In the Preliminary Results, because Creative Furniture failed to respond to the Department’s questionnaire, we determined Creative Furniture’s margin on the basis of facts available, pursuant to section 776(a)(1) & (2)(A), (B), and (C) of the Tariff Act of 1930 (‘‘the Act’’). We also applied an adverse inference in selecting from among the facts available, pursuant to section 776(b) of the Act, because we found that Creative Furniture failed to cooperate to the best of its ability in providing the requested information.5 No parties commented on this specific determination or on the margin assigned to Creative Furniture in the Preliminary Results. Accordingly, we are continuing to assign to Creative Furniture a dumping margin of 234.51 percent, based on total adverse facts available. Consistent with section 502 of the Trade Preferences Extension Act of 2015, Public Law 114–27, we are no longer corroborating the rate assigned to Creative Furniture for purposes of these final results.6 Final Determination of No Shipments In the Preliminary Results, the Department preliminarily determined that Comfort Coil did not have any reviewable transactions of subject merchandise during the POR.7 We stated, consistent with the Department’s practice in nonmarket economy (‘‘NME’’) cases, that we would not rescind the review, but rather complete the review with respect to Comfort Coil and issue appropriate instructions to U.S. Customs and Border Protection (‘‘CBP’’) based on the final results of the review.8 We did not receive any comments regarding Comfort Coil. Therefore, we continue to determine that Comfort Coil had no reviewable transactions of subject merchandise during the POR. Consistent with our ‘‘automatic assessment’’ clarification, the Department will issue appropriate instructions to CBP based on our final results.9 Final Results of Review Creative Furniture’s weighted-average dumping margin for the period February 5 See Preliminary Results, and accompanying Preliminary Decision Memorandum at 5–6. 6 See Issues and Decision Memorandum for further discussion of this issue. 7 See Preliminary Results and accompanying Preliminary Decision Memorandum at 4. 8 Id. 9 See Non-Market Economy Antidumping Proceedings; Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011) (‘‘Assessment Practice Refinement’’). E:\FR\FM\02SEN1.SGM 02SEN1 53106 Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / Notices 1, 2013, through January 31, 2014, is as follows: Exporter Weighted-average dumping margin (percent) Creative Furniture & Bedding Manufacturing10 ...................... 234.51 mstockstill on DSK4VPTVN1PROD with NOTICES Assessment Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), the Department will determine, and U.S. Customs and Border Protection (‘‘CBP’’) shall assess, antidumping duties on all appropriate entries. The Department intends to issue assessment instructions to CBP 15 days after the date of publication of the final results of review in the Federal Register. Consistent with the Department’s assessment practice in NME cases, for entries that were not reported in the U.S. sales databases submitted by companies individually examined during this review, the Department will instruct CBP to liquidate such entries at the PRC-wide rate.11 In addition, if the Department determines that an exporter under review had no shipments of subject merchandise, any suspended entries that entered under the exporter’s case number (i.e., at that exporter’s rate) will be liquidated at the PRC–wide rate.12 For Creative Furniture, the Department will instruct CBP to assess antidumping duties on the company’s entries of subject merchandise (i.e., PRC-origin innersprings) at the rate of 234.51 percent. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) for the exporter listed above, the cash deposit rate will be 234.51 percent for their entries of subject merchandise (i.e., PRC-origin innersprings); (2) for previously investigated or reviewed PRC and non-PRC exporters not listed above that have a separate rate, the cash deposit rate will continue to be the exporter-specific rate published for the 10 Because Creative Furniture is located in Malaysia, we are treating them as a third-country reseller. Accordingly, this rate only applies to Creative Furniture’s exports of PRC-origin innersprings. 11 See Assessment Practice Refinement. 12 Id. VerDate Sep<11>2014 19:04 Sep 01, 2015 Jkt 235001 most recently completed segment of this proceeding in which the exporter was reviewed; (3) for all PRC exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash deposit rate will be that established for the PRC-wide entity 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 with the subject merchandise. The deposit requirements, when imposed, shall remain in effect until further notice. Reimbursement of Duties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Administrative Protective Orders In accordance with 19 CFR 351.305(a)(3), this notice also serves as a final reminder to parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under APO, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return 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. Notification to Interested Parties We are issuing and publishing this administrative review and notice in accordance with sections 751(a)(1) and 777(i) of the Act. Dated: August 24, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Final Decision Memorandum 1. Summary 2. Background 3. Scope of the Order 4. Discussion of the Issue PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 5. Recommendation [FR Doc. 2015–21775 Filed 9–1–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Initiation of Antidumping and Countervailing Duty Administrative Reviews Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘the Department’’) has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with July anniversary dates. In accordance with the Department’s regulations, we are initiating those administrative reviews. DATES: Effective Date: September 2, 2015. AGENCY: FOR FURTHER INFORMATION CONTACT: Brenda E. Waters, Office of AD/CVD Operations, Customs Liaison Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, telephone: (202) 482–4735. SUPPLEMENTARY INFORMATION: Background The Department has received timely requests, in accordance with 19 CFR 351.213(b), for administrative reviews of various antidumping and countervailing duty orders and findings with July anniversary dates. All deadlines for the submission of various types of information, certifications, or comments or actions by the Department discussed below refer to the number of calendar days from the applicable starting time. Notice of No Sales If a producer or exporter named in this notice of initiation had no exports, sales, or entries during the period of review (‘‘POR’’), it must notify the Department within 30 days of publication of this notice in the Federal Register. All submissions must be filed electronically at http://access.trade.gov in accordance with 19 CFR 351.303.1 Such submissions are subject to verification in accordance with section 1 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). E:\FR\FM\02SEN1.SGM 02SEN1

Agencies

[Federal Register Volume 80, Number 170 (Wednesday, September 2, 2015)]
[Notices]
[Pages 53105-53106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21775]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-928]


Uncovered Innerspring Units From the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review; 2013-2014

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On February 23, 2015, the Department of Commerce (``the 
Department'') published in the Federal Register the preliminary results 
of the administrative review of the antidumping duty order on uncovered 
innerspring units (``innersprings'') from the People's Republic of 
China (``PRC'') covering the period February 1, 2013, through January 
31, 2014.\1\ The Department gave interested parties an opportunity to 
comment on the Preliminary Results. Based on our analysis of these 
comments, our final results remain unchanged from the Preliminary 
Results.
---------------------------------------------------------------------------

    \1\ See Uncovered Innerspring Units from the People's Republic 
of China: Preliminary Results of Antidumping Duty Administrative 
Review; 2013-2014, 80 FR 9435 (February 23, 2015) (``Preliminary 
Results'').

---------------------------------------------------------------------------
DATES: Effective Date: September 2, 2015.

FOR FURTHER INFORMATION CONTACT: Kenneth Hawkins, AD/CVD Operations, 
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-
6491.

SUPPLEMENTARY INFORMATION:

Background

    This review covers two exporters of subject merchandise: Comfort 
Coil Technology Sdn Bhd (``Comfort Coil'') and Creative Furniture & 
Bedding Manufacturing (``Creative Furniture''). On February 23, 2015, 
the Department published the Preliminary Results in the Federal 
Register, and provided interested parties an opportunity to comment.\2\ 
On March 25, 2015, the Department received a case brief from Leggett 
and Platt, Inc. (``Petitioner'').\3\ No other interested party filed 
case or rebuttal briefs.
---------------------------------------------------------------------------

    \2\ Id.
    \3\ See Letter from Petitioners, to the Department, regarding 
Fifth Administrative Review of the Antidumping Duty Order on 
Uncovered Innerspring Units from the People's Republic of China: 
Case Brief, dated March 25, 2015 (``Petitioner's Case Brief'').
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to the order is uncovered innerspring 
units.\4\ 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.
---------------------------------------------------------------------------

    \4\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, from Gary Taverman, Associate Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, entitled ``Uncovered Innerspring Units from the People's 
Republic of China: Issues and Decision Memorandum for the Final 
Results of the 2013-2014 Administrative Review,'' which is dated 
concurrently with and hereby adopted by this notice (``Issues and 
Decision Memorandum'') for a complete description of the Scope of 
the Order.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in Petitioner's case brief are addressed in the 
Issues and Decision Memorandum, which is incorporated herein by 
reference. A list of the issues which parties raised, and to which we 
respond in the Issues and Decision Memorandum, is attached to this 
notice as an Appendix. The Issues and 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''). ACCESS is available to registered users at http://access.trade.gov, and it is available to all parties in the Central 
Records Unit, room B8024 of the main Department of Commerce building. 
In addition, a complete version of the Issues and Decision Memorandum 
can be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision 
Memorandum and the electronic versions of the Issues Decision 
Memorandum are identical in content.

Use of Facts Available and Adverse Facts Available

    In the Preliminary Results, because Creative Furniture failed to 
respond to the Department's questionnaire, we determined Creative 
Furniture's margin on the basis of facts available, pursuant to section 
776(a)(1) & (2)(A), (B), and (C) of the Tariff Act of 1930 (``the 
Act''). We also applied an adverse inference in selecting from among 
the facts available, pursuant to section 776(b) of the Act, because we 
found that Creative Furniture failed to cooperate to the best of its 
ability in providing the requested information.\5\
---------------------------------------------------------------------------

    \5\ See Preliminary Results, and accompanying Preliminary 
Decision Memorandum at 5-6.
---------------------------------------------------------------------------

    No parties commented on this specific determination or on the 
margin assigned to Creative Furniture in the Preliminary Results. 
Accordingly, we are continuing to assign to Creative Furniture a 
dumping margin of 234.51 percent, based on total adverse facts 
available. Consistent with section 502 of the Trade Preferences 
Extension Act of 2015, Public Law 114-27, we are no longer 
corroborating the rate assigned to Creative Furniture for purposes of 
these final results.\6\
---------------------------------------------------------------------------

    \6\ See Issues and Decision Memorandum for further discussion of 
this issue.
---------------------------------------------------------------------------

Final Determination of No Shipments

    In the Preliminary Results, the Department preliminarily determined 
that Comfort Coil did not have any reviewable transactions of subject 
merchandise during the POR.\7\ We stated, consistent with the 
Department's practice in nonmarket economy (``NME'') cases, that we 
would not rescind the review, but rather complete the review with 
respect to Comfort Coil and issue appropriate instructions to U.S. 
Customs and Border Protection (``CBP'') based on the final results of 
the review.\8\ We did not receive any comments regarding Comfort Coil. 
Therefore, we continue to determine that Comfort Coil had no reviewable 
transactions of subject merchandise during the POR. Consistent with our 
``automatic assessment'' clarification, the Department will issue 
appropriate instructions to CBP based on our final results.\9\
---------------------------------------------------------------------------

    \7\ See Preliminary Results and accompanying Preliminary 
Decision Memorandum at 4.
    \8\ Id.
    \9\ See Non-Market Economy Antidumping Proceedings; Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (``Assessment 
Practice Refinement'').
---------------------------------------------------------------------------

Final Results of Review

    Creative Furniture's weighted-average dumping margin for the period 
February

[[Page 53106]]

1, 2013, through January 31, 2014, is as follows:

------------------------------------------------------------------------
                                                       Weighted-average
                      Exporter                          dumping margin
                                                           (percent)
------------------------------------------------------------------------
Creative Furniture & Bedding Manufacturing\10\......              234.51
------------------------------------------------------------------------

Assessment

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), 
the Department will determine, and U.S. Customs and Border Protection 
(``CBP'') shall assess, antidumping duties on all appropriate entries. 
The Department intends to issue assessment instructions to CBP 15 days 
after the date of publication of the final results of review in the 
Federal Register. Consistent with the Department's assessment practice 
in NME cases, for entries that were not reported in the U.S. sales 
databases submitted by companies individually examined during this 
review, the Department will instruct CBP to liquidate such entries at 
the PRC-wide rate.\11\ In addition, if the Department determines that 
an exporter under review had no shipments of subject merchandise, any 
suspended entries that entered under the exporter's case number (i.e., 
at that exporter's rate) will be liquidated at the PRC-wide rate.\12\
---------------------------------------------------------------------------

    \10\ Because Creative Furniture is located in Malaysia, we are 
treating them as a third-country reseller. Accordingly, this rate 
only applies to Creative Furniture's exports of PRC-origin 
innersprings.
    \11\ See Assessment Practice Refinement.
    \12\ Id.
---------------------------------------------------------------------------

    For Creative Furniture, the Department will instruct CBP to assess 
antidumping duties on the company's entries of subject merchandise 
(i.e., PRC-origin innersprings) at the rate of 234.51 percent.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) for the exporter 
listed above, the cash deposit rate will be 234.51 percent for their 
entries of subject merchandise (i.e., PRC-origin innersprings); (2) for 
previously investigated or reviewed PRC and non-PRC exporters not 
listed above that have a separate rate, the cash deposit rate will 
continue to be the exporter-specific rate published for the most 
recently completed segment of this proceeding in which the exporter was 
reviewed; (3) for all PRC exporters of subject merchandise which have 
not been found to be entitled to a separate rate, the cash deposit rate 
will be that established for the PRC-wide entity 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 with 
the subject merchandise. The deposit requirements, when imposed, shall 
remain in effect until further notice.

Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Orders

    In accordance with 19 CFR 351.305(a)(3), this notice also serves as 
a final reminder to parties subject to administrative protective order 
(``APO'') of their responsibility concerning the return or destruction 
of proprietary information disclosed under APO, which continues to 
govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return 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.

Notification to Interested Parties

    We are issuing and publishing this administrative review and notice 
in accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: August 24, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Final Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Issue
5. Recommendation

[FR Doc. 2015-21775 Filed 9-1-15; 8:45 am]
 BILLING CODE 3510-DS-P