Uncovered Innerspring Units From the People's Republic of China: Affirmative Preliminary Determination of Circumvention of the Antidumping Duty Order, 64392-64394 [2015-27089]

Download as PDF 64392 Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES 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 Jkt 238001 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 http://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 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 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: E:\FR\FM\23OCN1.SGM 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 http://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 http://enforcement.trade.gov/ frn/index.html. 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. VerDate Sep<11>2014 18:05 Oct 22, 2015 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 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 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). E:\FR\FM\23OCN1.SGM 23OCN1 64394 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 (http:// 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: mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:05 Oct 22, 2015 Jkt 238001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XE253 by telephone will be available at: http://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: PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 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 23OCN1

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 http://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 http://enforcement.trade.gov/frn/index.html. 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\
---------------------------------------------------------------------------

    \8\ See section 781(e)(2) of the Act.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

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