Uncovered Innerspring Units From the People's Republic of China: Affirmative Preliminary Determination of Circumvention of the Antidumping Duty Order, 64392-64394 [2015-27089]
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64392
Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Notices
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restaurants to inquire about garbagedisposal methods, in favor of allowing
inspectors to spend more time
interacting with and educating swine
producers and conducting inspections.
The regular presence of APHIS
inspectors in U.S. garbage feeding
facilities provides opportunities to
educate operators on disease signs and
reporting requirements and to conduct
direct observation of animals for signs of
illness. APHIS believes, therefore, that
the presence of animal products
infected with FMD or other reportable
conditions entering the United States
would be detected more quickly in these
types of premises than in other,
unregulated premises.
Environmental Assessment
The commenters noted that the
environmental assessment (EA)
provided with this rulemaking was the
May 2011 EA for the importation of
swine and swine commodities from
Slovakia. They also noted that APHIS
provided a supporting document that
was an amended finding of no
significant impact (FONSI) from
importation of swine and swine
commodities from Croatia that uses the
EA from Slovakia as the basis for the
amended finding related to Croatia. The
commenters requested that APHIS
expand on how it is justifiable to use an
EA prepared for other countries and
apply it to Croatia.
APHIS has conducted animal health
status evaluations for multiple EU
Member States for swine diseases. Since
2006 we have recognized the CSF, FMD,
SVD, and/or rinderpest status for EU
Member States Latvia, Lithuania,
Poland, the Czech Republic, Slovakia,
Slovenia, Estonia, and Hungary, and for
certain countries that have entered into
agricultural equivalence agreements
with the EU. In each case, we
determined that measures are in place to
mitigate the risk of CSF, SVD, FMD,
and/or rinderpest introduction into the
United States through importation of
swine, swine commodities, ruminants,
and ruminant commodities from
countries or regions that we recognize as
low risk for CSF and free of SVD, FMD,
and rinderpest.
Given that the EU applies and ensures
enforcement of the same disease
mitigation requirements across all EU
Member States, we recognized that the
single-state evaluations we were
conducting were redundant and thus
unnecessary with respect to meeting the
requirements of the National
Environmental Protection Act (NEPA).
After we consulted with Agency
specialists on NEPA, we did an
environmental impact analysis
VerDate Sep<11>2014
18:05 Oct 22, 2015
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comparison of the 2011 Slovakia EA
analysis in regards to the proposed
action of this notice for the EU Member
State Croatia and determined that the
environmental analyses of the Slovakia
EA were similar and sufficient to cover
the proposed action for Croatia. The
2011 Slovakia EA stated that for any
like/similar future regionalization
actions proposed for EU Member States,
APHIS would incorporate the Slovakia
EA by reference in a new FONSI issued
for a proposed new action for an EU
Member State. That is what we have
done for this proposed action for
Croatia.
Additionally, we determined that
future proposed actions of this nature
pose negligible environmental impacts
to each EU Member State or country that
has entered into an agricultural
equivalency agreement with the EU,
provided that a disease assessment finds
them to be free of or a low risk for
relevant diseases. As Croatia is an EU
Member State and because we have
determined that Croatia is free of SVD,
FMD, and rinderpest, and at low risk for
CSF, we believe that the ‘‘like/similar
action’’ environmental analyses
approach as presented in the 2011
Slovakia EA/FONSI is appropriate to
use for the proposed action for Croatia.
Based on the evaluation and the
reasons given in this document in
response to comments, we are
recognizing Croatia as free of FMD,
rinderpest, and SVD, and low risk for
CSF. The lists of regions recognized as
free or at low risk of these diseases can
be found by visiting the APHIS Web site
at https://www.aphis.usda.gov/wps/
portal/aphis/ourfocus/importexport and
following the link to ‘‘Animal or Animal
Product.’’ Copies of the lists are also
available via postal mail, fax, or email
upon request to the Regionalization
Evaluation Services, National Import
Export Services, Veterinary Services,
Animal and Plant Health Inspection
Service, 4700 River Road Unit 39,
Riverdale, Maryland 20737.
Authority: 7 U.S.C. 450, 7701–7772, 7781–
7786, and 8301–8317; 21 U.S.C. 136 and
136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and
371.4.
Done in Washington, DC, this 19th day of
October 2015.
Kevin Shea,
Administrator, Animal and Plant Health
Inspection Service.
[FR Doc. 2015–27092 Filed 10–22–15; 8:45 am]
BILLING CODE 3410–34–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–928]
Uncovered Innerspring Units From the
People’s Republic of China:
Affirmative Preliminary Determination
of Circumvention of the Antidumping
Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) preliminarily
determines that uncovered innerspring
units (‘‘innersprings units’’) completed
or assembled in Malaysia by Goldon
Bedding Manufacturing Sdn. Bhd.
(‘‘Goldon’’) using components from the
People’s Republic of China (‘‘PRC’’), and
exported to the United States, are
circumventing the antidumping duty
order on innersprings from the PRC, as
provided in section 781(b) of the Tariff
Act of 1930, as amended (‘‘the Act’’).1
DATES: Effective Date: October 23, 2015.
FOR FURTHER INFORMATION CONTACT:
Susan Pulongbarit, 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) 482–4031.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On December 31, 2014, the
Department initiated an
anticircumvention inquiry on imports of
innersprings from the PRC exported by
Goldon.2 On January 12, 2015, the
Department issued a circumvention
inquiry questionnaire.3 On January 22,
2015, we placed information on the
record confirming Goldon’s receipt of
the questionnaire.4 The Department has,
1 See Uncovered Innerspring Units from the
People’s Republic of China: Notice of Antidumping
Duty Order, 74 FR 7661 (February 19, 2009)
(‘‘Order’’).
2 See Uncovered Innerspring Units From the
People’s Republic of China: Initiation of
Anticircumvention Inquiry on Antidumping Duty
Order, 79 FR 78792 (December 31, 2014)
(‘‘Initiation’’).
3 See Letter from the Department, to Goldon,
regarding ‘‘Uncovered Innerspring Units from the
People’s Republic of China: Circumvention Inquiry
Questionnaire,’’ dated January 12, 2015
(‘‘Circumvention Questionnaire’’).
4 See Memo to the File, through Scot T. Fullerton,
Program Manager, Office V, AD/CVD Operations,
Enforcement and Compliance, from Steven
Hampton, International Trade Compliance Analyst,
Office V, AD/CVD Operations, Enforcement and
Compliance, regarding ‘‘Uncovered Innerspring
Units from the People’s Republic of China:
Anticircumvention Inquiry Questionnaire:
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23OCN1
Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Notices
to date, not received any responses to
our requests for information from
Goldon.
Because Goldon failed to respond to
the questionnaire, the record does not
contain complete information regarding
the factors set forth in section 781(b) of
the Tariff Act of 1930 (the ‘‘Act’’).
Accordingly, we have based our
determination on facts otherwise
available, pursuant to sections
776(a)(2)(A) and (C) of the Act, applying
an adverse inference, pursuant to
section 776(b) of the Act.5
at https://access.trade.gov and is
available to all parties in the Central
Records Unit, room B8024 of the main
Department of Commerce building. In
addition, the signed Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed Preliminary
Decision Memorandum and the
electronic version of the Preliminary
Decision Memorandum are identical in
content. The Preliminary Decision
Memorandum is hereby adopted by this
notice.
Scope of the Antidumping Duty Order
The merchandise subject to the order
is uncovered innerspring units. The
product is currently classified under
subheading 9404.29.9010 and has also
been classified under subheadings
9404.10.0000, 7326.20.0070,
7320.20.5010, 7320.90.5010, or
7326.20.0071 of the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’). The HTSUS subheadings
are provided for convenience and
customs purposes only; the written
product description of the scope of the
order is dispositive.6
Affirmative Preliminary Determination
of Circumvention
Scope of the Anticircumvention Inquiry
The products covered by this inquiry
are innerspring units, as described
above, that are manufactured in
Malaysia by Goldon with PRC-origin
components and other direct materials,
such as helical wires, and that are
subsequently exported from Malaysia to
the United States.
mstockstill on DSK4VPTVN1PROD with NOTICES
Methodology
The Department has conducted this
preliminary determination of
circumvention in accordance with
section 781(b) of the Act and 19 CFR
351.225(h). For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. The
Preliminary Decision Memorandum 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
Documentation to Confirm Goldon’s Receipt of the
Questionnaire,’’ dated January 22, 2015.
5 For more information, see Department
Memorandum, ‘‘Anticircumvention Inquiry
Regarding the Antidumping Duty Order on
Uncovered Innerspring Units from the People’s
Republic of China: Preliminary Determination
Decision Memorandum for Goldon Bedding
Manufacturing Sdn. Bhd.,’’ dated concurrently with
these results (‘‘Preliminary Decision
Memorandum’’).
6 See Preliminary Decision Memorandum for a
complete description of the scope of the Order.
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Jkt 238001
As detailed in the Preliminary
Decision Memorandum, the Department
preliminarily determines, based on facts
available with an adverse inference
pursuant to sections 776(a) and (b) of
the Act, that innerspring units
completed and assembled in Malaysia
by Goldon using components from the
PRC and exported from Malaysia to the
United States are circumventing the
Order. Moreover, because we are unable
to distinguish between those
innerspring units that Goldon is
exporting to the United States which
contain PRC-origin components and
those that do not, the Department has
preliminarily determined that it is
appropriate to instruct U.S. Customs
and Border Protection (‘‘CBP’’) to
suspend liquidation of all entries of
innerspring units from Malaysia
produced by Goldon as subject to the
Order.
Suspension of Liquidation
In accordance with 19 CFR
351.225(l)(2), the Department will direct
CBP to suspend liquidation and to
require a cash deposit of estimated
duties at the rate applicable to the
exporter, on all unliquidated entries of
innerspring units produced by Goldon
that were entered, or withdrawn from
warehouse, for consumption on or after
December 22, 2014, the date of initiation
of the anticircumvention inquiry.
Should the Department conduct an
administrative review in the future, and
determine in the context of that review
that Goldon did not produce for export
innerspring units using PRC-origin
innerspring components, the
Department will consider initiating a
changed circumstances review pursuant
to section 751(b) of the Act to determine
if the continued suspension of all
innerspring units produced by Goldon
is warranted.7
7 See,
e.g., Certain Tissue Paper Products from the
People’s Republic of China: Affirmative Final
Determination of Circumvention of the
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64393
Notification to the International Trade
Commission
The Department, consistent with
section 781(e)(1)(B) of the Act and 19
CFR 351.225(f)(7)(i)(B), has notified the
International Trade Commission (‘‘ITC’’)
of this preliminary determination to
include the merchandise subject to this
anticircumvention inquiry within the
Order. Pursuant to section 781(e)(2) of
the Act, the ITC may request
consultations concerning the
Department’s proposed inclusion of the
subject merchandise. If, after
consultations, the ITC believes that a
significant injury issue is presented by
the proposed inclusion, it will have 15
days to provide written advice to the
Department.8
Public Comment
Interested parties may submit case
briefs within 15 days after the date of
publication of these preliminary results
of review in the Federal Register.
Rebuttals to case briefs, which are
limited to issues raised in the case
briefs, must be filed within five days
after the time limit for filing case briefs.
Parties who submit case or rebuttal
briefs are requested to submit with the
argument (a) a statement of the issue, (b)
a brief summary of the argument, and (c)
a table of authorities. Parties submitting
briefs should do so using the
Department’s electronic filing system,
ACCESS.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, U.S. Department of
Commerce, filed electronically using
ACCESS. An electronically filed
document must be received successfully
in its entirety by the Department’s
electronic records system, ACCESS, by
5:00 p.m. Eastern Time, within 30 days
after the date of publication of this
notice.9 Hearing requests should contain
the party’s name, address, and
telephone number, the number of
participants, and a list of the issues
parties intend to present at the hearing.
If a request for a hearing is made, the
Department intends to hold the hearing
at the U.S. Department of Commerce,
14th Street and Constitution Avenue
NW., Washington, DC 20230, at a time
and location to be determined. Prior to
the date of the hearing, the Department
will contact all parties that submitted
case or rebuttal brief to determine if
they wish to participate in the hearing.
Antidumping Duty Order, 76 FR 47554 (August 5,
2011).
8 See section 781(e)(2) of the Act.
9 See 19 CFR 351.310(c).
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Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Notices
The Department will then distribute a
hearing schedule to the parties prior to
the hearing and only those parties listed
on the schedule may present issues
raised in their briefs.
Final Determination
Pursuant to section 781(f) of the Act,
the final determination with respect to
this anticircumvention inquiry,
including the results of the
Department’s analysis of any written
comments, will be issued no later than
December 2, 2015, unless extended.
This preliminary affirmative
circumvention determination is
published in accordance with section
781(b) of the Act and 19 CFR 351.225.
Dated: October 19, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Agenda
The committee will receive a progress
report and provide guidance to the Plan
Development Team on the development
of an example Fishery Ecosystem Plan
(FEP). This meeting will focus on the
FEP components, strawman goals and
objectives and a summary of how
various ecosystem models address FEP
data needs. The Committee will also
formulate comments on NOAA
Fisheries Draft Ecosystem-Based
Fisheries Management Policy (https://
s3.amazonaws.com/nefmc.org/2_DraftEBFM-Policy-9.9.2015-for-release.pdf).
Final comments on the Draft Policy will
be approved at the December 2015
Council meeting.
Special Accommodations
This meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to
Thomas A. Nies, Executive Director, at
(978) 465–0492, at least 5 days prior to
the meeting date.
[FR Doc. 2015–27089 Filed 10–22–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Authority: 16 U.S.C. 1801 et seq.
National Oceanic and Atmospheric
Administration
Dated: October 20, 2015.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
RIN 0648–XE264
[FR Doc. 2015–27005 Filed 10–22–15; 8:45 am]
New England Fishery Management
Council; Public Meeting
BILLING CODE 3510–22–P
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; public meeting.
AGENCY:
The New England Fishery
Management Council (Council) is
scheduling a public meeting of its
Ecosystem Based Fishery Management
Committee to consider actions affecting
New England fisheries in the exclusive
economic zone (EEZ).
Recommendations from this group will
be brought to the full Council for formal
consideration and action, if appropriate.
DATES: This meeting will be held on
Tuesday, November 10, 2015 at 9 a.m.
ADDRESSES: The meeting will be held at
the Fairfield Inn & Suites, 185
MacArthur Drive, New Bedford, MA
02740; telephone: (774) 634–2000; fax:
(774) 634–2001.
Council address: New England
Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950.
FOR FURTHER INFORMATION CONTACT:
Thomas A. Nies, Executive Director,
New England Fishery Management
Council; telephone: (978) 465–0492.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
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18:05 Oct 22, 2015
Jkt 238001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE253
by telephone will be available at:
https://www.mafmc.org.
Council address: Mid-Atlantic Fishery
Management Council, 800 N. State
Street, Suite 201, Dover, DE 19901;
telephone: (302) 674–2331; Web site:
www.mafmc.org.
FOR FURTHER INFORMATION CONTACT:
Christopher M. Moore, Ph.D., Executive
Director, Mid-Atlantic Fishery
Management Council, telephone: (302)
526–5255.
SUPPLEMENTARY INFORMATION: The MidAtlantic Fishery Management Council’s
Summer Flounder, Scup, and Black Sea
Bass Advisory Panel, together with the
Atlantic States Marine Fisheries
Commission’s Advisory Panel, will meet
on Tuesday November 17, 2015 (see
DATES and ADDRESSES). The purpose of
this meeting is to discuss management
measures (e.g. bag limits, size limits,
and seasons) for recreational summer
flounder, scup, and black sea bass
fisheries in 2016.
A detailed agenda and background
documents will be made available on
the Council’s Web site (www.mafmc.org)
prior to the meeting.
Special Accommodations
The meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aid should be directed to M.
Jan Saunders, (302) 526–5251, at least 5
days prior to the meeting date.
Dated: October 20, 2015.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2015–27004 Filed 10–22–15; 8:45 am]
Mid-Atlantic Fishery Management
Council (MAFMC); Public Meeting
BILLING CODE 3510–22–P
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; public meeting.
DEPARTMENT OF COMMERCE
AGENCY:
The Mid-Atlantic Fishery
Management Council’s (MAFMC’s)
Summer Flounder, Scup, and Black Sea
Bass Advisory Panel will hold a public
meeting jointly with the Atlantic States
Marine Fisheries Commission’s
(ASMFC’s) Summer Flounder, Scup,
and Black Sea Bass Advisory Panel.
DATES: The meeting will be held on
Tuesday November 17, 2015, from 4
p.m. to 7 p.m. See SUPPLEMENTARY
INFORMATION for agenda details.
ADDRESSES: The meeting will take place
over webinar with a telephone-only
connection option. Details on how to
connect to the webinar by computer and
SUMMARY:
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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: Socioeconomics of Guided
Wildlife Viewing Operations in
Monterey Bay National Marine
Sanctuary (MBNMS).
OMB Control Number: 0648–xxxx.
Form Number(s): None.
E:\FR\FM\23OCN1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 205 (Friday, October 23, 2015)]
[Notices]
[Pages 64392-64394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27089]
=======================================================================
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-928]
Uncovered Innerspring Units From the People's Republic of China:
Affirmative Preliminary Determination of Circumvention of the
Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') preliminarily
determines that uncovered innerspring units (``innersprings units'')
completed or assembled in Malaysia by Goldon Bedding Manufacturing Sdn.
Bhd. (``Goldon'') using components from the People's Republic of China
(``PRC''), and exported to the United States, are circumventing the
antidumping duty order on innersprings from the PRC, as provided in
section 781(b) of the Tariff Act of 1930, as amended (``the Act'').\1\
---------------------------------------------------------------------------
\1\ See Uncovered Innerspring Units from the People's Republic
of China: Notice of Antidumping Duty Order, 74 FR 7661 (February 19,
2009) (``Order'').
---------------------------------------------------------------------------
DATES: Effective Date: October 23, 2015.
FOR FURTHER INFORMATION CONTACT: Susan Pulongbarit, 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-
4031.
SUPPLEMENTARY INFORMATION:
Background
On December 31, 2014, the Department initiated an anticircumvention
inquiry on imports of innersprings from the PRC exported by Goldon.\2\
On January 12, 2015, the Department issued a circumvention inquiry
questionnaire.\3\ On January 22, 2015, we placed information on the
record confirming Goldon's receipt of the questionnaire.\4\ The
Department has,
[[Page 64393]]
to date, not received any responses to our requests for information
from Goldon.
---------------------------------------------------------------------------
\2\ See Uncovered Innerspring Units From the People's Republic
of China: Initiation of Anticircumvention Inquiry on Antidumping
Duty Order, 79 FR 78792 (December 31, 2014) (``Initiation'').
\3\ See Letter from the Department, to Goldon, regarding
``Uncovered Innerspring Units from the People's Republic of China:
Circumvention Inquiry Questionnaire,'' dated January 12, 2015
(``Circumvention Questionnaire'').
\4\ See Memo to the File, through Scot T. Fullerton, Program
Manager, Office V, AD/CVD Operations, Enforcement and Compliance,
from Steven Hampton, International Trade Compliance Analyst, Office
V, AD/CVD Operations, Enforcement and Compliance, regarding
``Uncovered Innerspring Units from the People's Republic of China:
Anticircumvention Inquiry Questionnaire: Documentation to Confirm
Goldon's Receipt of the Questionnaire,'' dated January 22, 2015.
---------------------------------------------------------------------------
Because Goldon failed to respond to the questionnaire, the record
does not contain complete information regarding the factors set forth
in section 781(b) of the Tariff Act of 1930 (the ``Act''). Accordingly,
we have based our determination on facts otherwise available, pursuant
to sections 776(a)(2)(A) and (C) of the Act, applying an adverse
inference, pursuant to section 776(b) of the Act.\5\
---------------------------------------------------------------------------
\5\ For more information, see Department Memorandum,
``Anticircumvention Inquiry Regarding the Antidumping Duty Order on
Uncovered Innerspring Units from the People's Republic of China:
Preliminary Determination Decision Memorandum for Goldon Bedding
Manufacturing Sdn. Bhd.,'' dated concurrently with these results
(``Preliminary Decision Memorandum'').
---------------------------------------------------------------------------
Scope of the Antidumping Duty Order
The merchandise subject to the order is uncovered innerspring
units. The product is currently classified under subheading
9404.29.9010 and has also been classified under subheadings
9404.10.0000, 7326.20.0070, 7320.20.5010, 7320.90.5010, or 7326.20.0071
of the Harmonized Tariff Schedule of the United States (``HTSUS''). The
HTSUS subheadings are provided for convenience and customs purposes
only; the written product description of the scope of the order is
dispositive.\6\
---------------------------------------------------------------------------
\6\ See Preliminary Decision Memorandum for a complete
description of the scope of the Order.
---------------------------------------------------------------------------
Scope of the Anticircumvention Inquiry
The products covered by this inquiry are innerspring units, as
described above, that are manufactured in Malaysia by Goldon with PRC-
origin components and other direct materials, such as helical wires,
and that are subsequently exported from Malaysia to the United States.
Methodology
The Department has conducted this preliminary determination of
circumvention in accordance with section 781(b) of the Act and 19 CFR
351.225(h). For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. The Preliminary
Decision Memorandum 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 https://access.trade.gov and is available to all
parties in the Central Records Unit, room B8024 of the main Department
of Commerce building. In addition, the signed Preliminary Decision
Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the
electronic version of the Preliminary Decision Memorandum are identical
in content. The Preliminary Decision Memorandum is hereby adopted by
this notice.
Affirmative Preliminary Determination of Circumvention
As detailed in the Preliminary Decision Memorandum, the Department
preliminarily determines, based on facts available with an adverse
inference pursuant to sections 776(a) and (b) of the Act, that
innerspring units completed and assembled in Malaysia by Goldon using
components from the PRC and exported from Malaysia to the United States
are circumventing the Order. Moreover, because we are unable to
distinguish between those innerspring units that Goldon is exporting to
the United States which contain PRC-origin components and those that do
not, the Department has preliminarily determined that it is appropriate
to instruct U.S. Customs and Border Protection (``CBP'') to suspend
liquidation of all entries of innerspring units from Malaysia produced
by Goldon as subject to the Order.
Suspension of Liquidation
In accordance with 19 CFR 351.225(l)(2), the Department will direct
CBP to suspend liquidation and to require a cash deposit of estimated
duties at the rate applicable to the exporter, on all unliquidated
entries of innerspring units produced by Goldon that were entered, or
withdrawn from warehouse, for consumption on or after December 22,
2014, the date of initiation of the anticircumvention inquiry.
Should the Department conduct an administrative review in the
future, and determine in the context of that review that Goldon did not
produce for export innerspring units using PRC-origin innerspring
components, the Department will consider initiating a changed
circumstances review pursuant to section 751(b) of the Act to determine
if the continued suspension of all innerspring units produced by Goldon
is warranted.\7\
---------------------------------------------------------------------------
\7\ See, e.g., Certain Tissue Paper Products from the People's
Republic of China: Affirmative Final Determination of Circumvention
of the Antidumping Duty Order, 76 FR 47554 (August 5, 2011).
---------------------------------------------------------------------------
Notification to the International Trade Commission
The Department, consistent with section 781(e)(1)(B) of the Act and
19 CFR 351.225(f)(7)(i)(B), has notified the International Trade
Commission (``ITC'') of this preliminary determination to include the
merchandise subject to this anticircumvention inquiry within the Order.
Pursuant to section 781(e)(2) of the Act, the ITC may request
consultations concerning the Department's proposed inclusion of the
subject merchandise. If, after consultations, the ITC believes that a
significant injury issue is presented by the proposed inclusion, it
will have 15 days to provide written advice to the Department.\8\
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\8\ See section 781(e)(2) of the Act.
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Public Comment
Interested parties may submit case briefs within 15 days after the
date of publication of these preliminary results of review in the
Federal Register. Rebuttals to case briefs, which are limited to issues
raised in the case briefs, must be filed within five days after the
time limit for filing case briefs. Parties who submit case or rebuttal
briefs are requested to submit with the argument (a) a statement of the
issue, (b) a brief summary of the argument, and (c) a table of
authorities. Parties submitting briefs should do so using the
Department's electronic filing system, ACCESS.
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically using ACCESS. An electronically filed document
must be received successfully in its entirety by the Department's
electronic records system, ACCESS, by 5:00 p.m. Eastern Time, within 30
days after the date of publication of this notice.\9\ Hearing requests
should contain the party's name, address, and telephone number, the
number of participants, and a list of the issues parties intend to
present at the hearing. If a request for a hearing is made, the
Department intends to hold the hearing at the U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230, at a time and location to be determined. Prior to the date of
the hearing, the Department will contact all parties that submitted
case or rebuttal brief to determine if they wish to participate in the
hearing.
[[Page 64394]]
The Department will then distribute a hearing schedule to the parties
prior to the hearing and only those parties listed on the schedule may
present issues raised in their briefs.
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\9\ See 19 CFR 351.310(c).
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Final Determination
Pursuant to section 781(f) of the Act, the final determination with
respect to this anticircumvention inquiry, including the results of the
Department's analysis of any written comments, will be issued no later
than December 2, 2015, unless extended.
This preliminary affirmative circumvention determination is
published in accordance with section 781(b) of the Act and 19 CFR
351.225.
Dated: October 19, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-27089 Filed 10-22-15; 8:45 am]
BILLING CODE 3510-DS-P
