Uncovered Innerspring Units from the People's Republic of China: Affirmative Final Determination of Circumvention of the Antidumping Duty Order, 74758-74759 [2015-30336]

Download as PDF 74758 Federal Register / Vol. 80, No. 229 / Monday, November 30, 2015 / Notices DEPARTMENT OF COMMERCE International Trade Administration [A–570–928] Uncovered Innerspring Units from the People’s Republic of China: Affirmative Final Determination of Circumvention of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On October 23, 2015, the Department of Commerce (‘‘the Department’’) published the affirmative preliminary determination of circumvention of the antidumping duty order on uncovered innerspring units (‘‘innerspring units’’) from the People’s Republic of China (‘‘PRC’’).1 The Department invited interested parties to comment on the Preliminary Determination. No parties commented. Accordingly, our Preliminary Determination remains unchanged in this final determination. DATES: Effective Date: November 30, 2015. AGENCY: FOR FURTHER INFORMATION CONTACT: Susan Pulongbarit, 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 October 23, 2015, the Department published the Preliminary Determination finding that innerspring units completed or assembled in Malaysia by Goldon Bedding Manufacturing Sdn. Bhd. (‘‘Goldon’’) using components from the PRC, and exported to the United States, are circumventing the antidumping duty order on innerspring units from the PRC,2 as provided in section 781(b) of the Tariff Act of 1930, as amended (‘‘the Act’’). We invited interested parties to comment on the Preliminary Determination, but no comments were received. jstallworth on DSK7TPTVN1PROD with NOTICES Scope of the Antidumping Duty Order The merchandise subject to the order is uncovered innerspring units composed of a series of individual metal 1 See Uncovered Innerspring Units from the People’s Republic of China: Affirmative Preliminary Determination of Circumvention of the Antidumping Duty Order, 80 FR 64392 (October 23, 2015) (‘‘Preliminary Determination’’). 2 Id. VerDate Sep<11>2014 15:23 Nov 27, 2015 Jkt 238001 springs joined together in sizes corresponding to the sizes of adult mattresses (e.g., twin, twin long, full, full long, queen, California king, and king) and units used in smaller constructions, such as crib and youth mattresses. All uncovered innerspring units are included in the scope regardless of width and length. Included within this definition are innersprings typically ranging from 30.5 inches to 76 inches in width and 68 inches to 84 inches in length. Innersprings for crib mattresses typically range from 25 inches to 27 inches in width and 50 inches to 52 inches in length. Uncovered innerspring units are suitable for use as the innerspring component in the manufacture of innerspring mattresses, including mattresses that incorporate a foam encasement around the innerspring. Pocketed and non-pocketed innerspring units are included in this definition. Non-pocketed innersprings are typically joined together with helical wire and border rods. Non-pocketed innersprings are included in this definition regardless of whether they have border rods attached to the perimeter of the innerspring. Pocketed innersprings are individual coils covered by a ‘‘pocket’’ or ‘‘sock’’ of a nonwoven synthetic material or woven material and then glued together in a linear fashion. Uncovered innersprings are classified under subheading 9404.29.9010 and have 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 description of the scope of the order is dispositive. 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. Final Determination In the Preliminary Determination, the Department found, on the basis of adverse facts available, 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 PRC Innerspring PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 Units Order,3 pursuant to section 781(b) of the Act. Moreover, because we are unable to distinguish between those innerspring units Goldon is exporting to the United States which contain PRCorigin components and those that do not, the Department preliminarily determined that it is appropriate to instruct U.S. Customs and Border Protection (‘‘CBP’’) to suspend liquidation of all entries of innerspring units produced in and/or exported from Malaysia by Goldon as subject to the PRC Innerspring Units Order.4 Because no party provided any additional information or comments regarding our Preliminary Determination, our final determination remains unchanged from our Preliminary Determination. Accordingly, the Department continues to determine that Goldon’s merchandise is circumventing the PRC Innerspring Units Order within the meaning of section 781(b) of the Act and that it is appropriate to continue to instruct CBP to suspend all entries of innerspring units from Malaysia produced by Goldon. If Goldon would like to be reviewed under the PRC Innerspring Units Order, it must request a review of its exports. In such a review, the Department would determine Goldon’s antidumping margin. Should the Department conduct an administrative review, and determine in the context of that review that Goldon did not produce for export innerspring units using PRCorigin 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. Continuation of Suspension of Liquidation In accordance with section 781(b) of the Act and 19 CFR 351.225(1)(3), the Department will continue to direct CBP to suspend liquidation and to require a 3 See Uncovered Innerspring Units from the People’s Republic of China: Notice of Antidumping Duty Order, 74 FR 7661 (February 19, 2009) (‘‘PRC Innerspring Units Order’’). 4 For a complete discussion of our findings in the preliminary determination, see Memorandum to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, entitled ‘‘Anticircumvention Inquiry Regarding the Antidumping Duty Order on Uncovered Innerspring Units from the People’s Republic of China: Preliminary Determination Memorandum for Goldon Bedding Manufacturing Sdn. Bhd., dated October 19, 2015 (‘‘Preliminary Decision Memorandum’’). The signed Preliminary Decision Memorandum can be accessed directly at http:// enforcement.trade.gov/frn/index.html. E:\FR\FM\30NON1.SGM 30NON1 74759 Federal Register / Vol. 80, No. 229 / Monday, November 30, 2015 / Notices cash deposit of estimated duties at the rate applicable to the exporter on all unliquidated entries of innerspring units from produced in and/or exported from Malaysia 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.5 FOR FURTHER INFORMATION CONTACT: Notice to Parties Scope of the Order This notice serves as the only reminder to parties subject to the administrative protective order (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. This final affirmative circumvention determination is published in accordance with section 781(b) of the Act and 19 CFR 351.225(h). The merchandise subject to the antidumping duty order is brass sheet and strip, other than leaded brass and tin brass sheet and strip, from Italy, which is currently classified under subheading 7409.21.00.50, 7409.21.00.75, 7409.21.00.90, 7409.29.00.50, 7409.29.00.75, and 7409.29.00.90 of the Harmonized Tariff Schedule of the United States (HTSUS). The HTSUS numbers are provided for convenience and customs purposes. A full description of the scope of the order is contained in the Preliminary Decision Memorandum.2 The written description is dispositive. 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 to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the Internet at http:// enforcement.trade.gov/frn/index.html. A list of the topics discussed in the Preliminary Decision Memorandum is attached as an Appendix to this notice. Dated: November 20, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015–30336 Filed 11–27–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–475–601] Brass Sheet and Strip From Italy; Preliminary Results of Antidumping Duty Administrative Review; 2014– 2015 Methodology Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on brass sheet and strip (BSS) from Italy.1 This review covers one company. The period of review (POR) is March 1, 2014, through February 28, 2015. DATES: Effective Date: November 30, 2015. jstallworth on DSK7TPTVN1PROD with NOTICES AGENCY: 5 See Uncovered Innerspring Units from the People’s Republic China: Initiation of Anticircumvention Inquiry on Antidumping Duty Order, 79 FR 78792 (December 31, 2014). 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 80 FR 24233 (April 30, 2015). VerDate Sep<11>2014 15:23 Nov 27, 2015 Jkt 238001 Joseph Shuler, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–1293. SUPPLEMENTARY INFORMATION: In accordance with sections 776(a) and (b) of the Tariff Act of 1930, as amended (the Act), we relied on facts available with an adverse inference with respect to KME Italy SpA (KME Italy), the only company for which a review was requested. Thus, we preliminarily assign a rate of 22.00 percent as the dumping margin for KME Italy. In making these findings, we relied on facts available because KME Italy failed to respond to the Department’s antidumping duty questionnaire, and 2 See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ‘‘Decision Memorandum for Preliminary Results of the 2014–2015 Antidumping Duty Administrative Review: Brass Sheet and Strip from Italy’’ (Preliminary Decision Memorandum), dated concurrently with this notice. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 thus withheld requested information, failed to provide requested information by the established deadlines, and significantly impeded this proceeding. See sections 776(a)(2)(A)–(C) of the Act. Furthermore, because we preliminarily determine that KME Italy failed to cooperate by not acting to the best of its ability to comply with the Department’s requests for information, we drew an adverse inference in selecting from among the facts otherwise available. See section 776(b) of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. Preliminary Results of Review As a result of our review, we preliminarily determine that the following dumping margin on BSS from Italy exists for the period March 1, 2014, through February 28, 2015: Exporter/Manufacturer Dumping margin (percent) KME Italy SpA ...................... 22.00 percent Disclosure and Public Comment Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs not later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.3 Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.4 Case and rebuttal briefs should be filed using ACCESS.5 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. An electronically filed document must be received successfully in its entirety in ACCESS by 5 p.m. Eastern Time within 30 days after the date of publication of this notice. Requests should contain: (1) The party’s name, address and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing 3 See 19 CFR 351.309(d). 19 CFR 351.303 (for general filing requirements). 5 See 19 CFR 351.303. 4 See E:\FR\FM\30NON1.SGM 30NON1

Agencies

[Federal Register Volume 80, Number 229 (Monday, November 30, 2015)]
[Notices]
[Pages 74758-74759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30336]



[[Page 74758]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-928]


Uncovered Innerspring Units from the People's Republic of China: 
Affirmative Final Determination of Circumvention of the Antidumping 
Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On October 23, 2015, the Department of Commerce (``the 
Department'') published the affirmative preliminary determination of 
circumvention of the antidumping duty order on uncovered innerspring 
units (``innerspring units'') from the People's Republic of China 
(``PRC'').\1\ The Department invited interested parties to comment on 
the Preliminary Determination. No parties commented. Accordingly, our 
Preliminary Determination remains unchanged in this final 
determination.
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    \1\ See Uncovered Innerspring Units from the People's Republic 
of China: Affirmative Preliminary Determination of Circumvention of 
the Antidumping Duty Order, 80 FR 64392 (October 23, 2015) 
(``Preliminary Determination'').

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DATES: Effective Date: November 30, 2015.

FOR FURTHER INFORMATION CONTACT: Susan Pulongbarit, 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 October 23, 2015, the Department published the Preliminary 
Determination finding that innerspring units completed or assembled in 
Malaysia by Goldon Bedding Manufacturing Sdn. Bhd. (``Goldon'') using 
components from the PRC, and exported to the United States, are 
circumventing the antidumping duty order on innerspring units from the 
PRC,\2\ as provided in section 781(b) of the Tariff Act of 1930, as 
amended (``the Act''). We invited interested parties to comment on the 
Preliminary Determination, but no comments were received.
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    \2\ Id.
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Scope of the Antidumping Duty Order

    The merchandise subject to the order is uncovered innerspring units 
composed of a series of individual metal springs joined together in 
sizes corresponding to the sizes of adult mattresses (e.g., twin, twin 
long, full, full long, queen, California king, and king) and units used 
in smaller constructions, such as crib and youth mattresses. All 
uncovered innerspring units are included in the scope regardless of 
width and length. Included within this definition are innersprings 
typically ranging from 30.5 inches to 76 inches in width and 68 inches 
to 84 inches in length. Innersprings for crib mattresses typically 
range from 25 inches to 27 inches in width and 50 inches to 52 inches 
in length.
    Uncovered innerspring units are suitable for use as the innerspring 
component in the manufacture of innerspring mattresses, including 
mattresses that incorporate a foam encasement around the innerspring. 
Pocketed and non-pocketed innerspring units are included in this 
definition. Non-pocketed innersprings are typically joined together 
with helical wire and border rods. Non-pocketed innersprings are 
included in this definition regardless of whether they have border rods 
attached to the perimeter of the innerspring. Pocketed innersprings are 
individual coils covered by a ``pocket'' or ``sock'' of a nonwoven 
synthetic material or woven material and then glued together in a 
linear fashion.
    Uncovered innersprings are classified under subheading 9404.29.9010 
and have 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 
description of the scope of the order is dispositive.

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.

Final Determination

    In the Preliminary Determination, the Department found, on the 
basis of adverse facts available, 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 PRC 
Innerspring Units Order,\3\ pursuant to section 781(b) of the Act. 
Moreover, because we are unable to distinguish between those 
innerspring units Goldon is exporting to the United States which 
contain PRC-origin components and those that do not, the Department 
preliminarily determined that it is appropriate to instruct U.S. 
Customs and Border Protection (``CBP'') to suspend liquidation of all 
entries of innerspring units produced in and/or exported from Malaysia 
by Goldon as subject to the PRC Innerspring Units Order.\4\
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    \3\ See Uncovered Innerspring Units from the People's Republic 
of China: Notice of Antidumping Duty Order, 74 FR 7661 (February 19, 
2009) (``PRC Innerspring Units Order'').
    \4\ For a complete discussion of our findings in the preliminary 
determination, see Memorandum to Ronald K. Lorentzen, Acting 
Assistant Secretary for Enforcement and Compliance from Christian 
Marsh, Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations, entitled ``Anticircumvention Inquiry Regarding the 
Antidumping Duty Order on Uncovered Innerspring Units from the 
People's Republic of China: Preliminary Determination Memorandum for 
Goldon Bedding Manufacturing Sdn. Bhd., dated October 19, 2015 
(``Preliminary Decision Memorandum''). The signed Preliminary 
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html.
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    Because no party provided any additional information or comments 
regarding our Preliminary Determination, our final determination 
remains unchanged from our Preliminary Determination. Accordingly, the 
Department continues to determine that Goldon's merchandise is 
circumventing the PRC Innerspring Units Order within the meaning of 
section 781(b) of the Act and that it is appropriate to continue to 
instruct CBP to suspend all entries of innerspring units from Malaysia 
produced by Goldon. If Goldon would like to be reviewed under the PRC 
Innerspring Units Order, it must request a review of its exports. In 
such a review, the Department would determine Goldon's antidumping 
margin. Should the Department conduct an administrative review, 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.

Continuation of Suspension of Liquidation

    In accordance with section 781(b) of the Act and 19 CFR 
351.225(1)(3), the Department will continue to direct CBP to suspend 
liquidation and to require a

[[Page 74759]]

cash deposit of estimated duties at the rate applicable to the exporter 
on all unliquidated entries of innerspring units from produced in and/
or exported from Malaysia 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.\5\
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    \5\ See Uncovered Innerspring Units from the People's Republic 
China: Initiation of Anticircumvention Inquiry on Antidumping Duty 
Order, 79 FR 78792 (December 31, 2014).
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Notice to Parties

    This notice serves as the only reminder to parties subject to the 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely written 
notification of the return or destruction of APO materials, or 
conversion to judicial protective order, is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation which 
is subject to sanction.
    This final affirmative circumvention determination is published in 
accordance with section 781(b) of the Act and 19 CFR 351.225(h).

    Dated: November 20, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-30336 Filed 11-27-15; 8:45 am]
 BILLING CODE 3510-DS-P