Uncovered Innerspring Units From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review; 2014-2015, 12688-12690 [2016-05404]
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12688
Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Notices
China (the PRC)); AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
This notice is issued and published
pursuant to section 733(c)(2) of the Act
and 19 CFR 351.205(f)(1).
Background
On November 25, 2015, the
Department of Commerce (Department)
initiated antidumping duty
investigations on certain iron
mechanical transfer drive components
from Canada and the PRC.1 Section
733(b)(1)(A) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR
351.205(b)(1) state the Department will
make a preliminary determination no
later than 140 days after the date of the
initiation. The current deadline for the
preliminary determinations of these
investigations is no later than April 11,
2016.2
[FR Doc. 2016–05448 Filed 3–9–16; 8:45 am]
Postponement of Preliminary
Determinations
On February 19, 2016, TB Woods
Incorporated (Petitioner) made a timely
request, pursuant to 19 CFR 351.205(e),
for postponement of the preliminary
determinations, in order to provide the
Department with sufficient time to
develop the record in these proceedings
through additional questionnaires,
which Petitioner will in turn need time
to analyze and possibly comment on.
Because there are no compelling reasons
to deny Petitioner’s request, in
accordance with section 733(c)(1)(A) of
the Act, the Department is postponing
the deadline for the preliminary
determinations by 50 days.
For the reasons stated above, the
Department, in accordance with section
733(c)(1)(A) of the Act, is postponing
the deadline for the preliminary
determinations to no later than 190 days
after the date on which the Department
initiated these investigations. Therefore,
the new deadline for the preliminary
determinations is May 31, 2016. In
accordance with section 735(a)(1) of the
Act, the deadline for the final
determinations of these investigations
will continue to be 75 days after the
date of the preliminary determinations,
unless postponed at a later date.
Dated: March 2, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–928]
Uncovered Innerspring Units From the
People’s Republic of China:
Preliminary Results of the
Antidumping Duty Administrative
Review; 2014–2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the ‘‘Department’’) is conducting an
administrative review of the
antidumping duty order on uncovered
innerspring units from the People’s
Republic of China (‘‘PRC’’), for the
period of review (‘‘POR’’), February 1,
2014, to January 31, 2015. The
Department preliminarily determines
that Macao Commercial and Industrial
Spring Mattress Manufacturer (‘‘Macao
Commercial’’) had no reviewable
shipments of subject merchandise
during the POR. We also preliminarily
determine that East Grace Corporation
(‘‘East Grace’’) has not established its
entitlement to separate rate status and,
therefore, is being treated as part of the
PRC-wide entity. Interested parties are
invited to comment on these
preliminary results.
DATES: Effective Date: March 10, 2016.
FOR FURTHER INFORMATION CONTACT:
Kenneth Hawkins, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–6491.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
mstockstill on DSK4VPTVN1PROD with NOTICES
1 See
Certain Iron Mechanical Transfer Drive
Components from Canada and the People’s
Republic of China: Initiation of Less-Than-FairInvestigations, 80 FR 73716 (November 25, 2015).
2 The current deadline of April 11, 2016, accounts
for the four-day tolling of deadlines pursuant to
inclement weather in January 2016. See January 27,
2016, Memorandum to the Record from Ron
Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance, entitled ‘‘Tolling of
Administrative Deadlines as a Result of the
Government Closure during Snowstorm ‘Jonas’.’’
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17:55 Mar 09, 2016
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On February 19, 2009, the Department
published in the Federal Register an
antidumping duty order on uncovered
innerspring units from the PRC.1 On
June 30, 2014, the Department received
1 See Notice of Antidumping Duty Order:
Uncovered Innerspring Units from the People’s
Republic of China, 74 FR 7661 (February 19, 2009)
(‘‘Order’’).
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a request from Petitioner 2 to conduct an
administrative review of East Grace and
Macao Commercial.3 On April 3, 2015,
the Department initiated this review
based on Petitioner’s review request.4
On May 11, 2015, the Department
issued its standard antidumping duty
questionnaires to East Grace and Macao
Commercial.5 Macao Commercial
provided timely responses to the
Department’s initial and supplemental
questionnaires. East Grace did not
respond to the Department’s standard
questionnaire and has not participated
in this proceeding.
Scope of the 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. Uncovered innersprings are
classified under subheading
9404.29.9010 and have also been
classified under subheadings
9404.10.0000, 9404.29.9005,
9404.29.9011, 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
description of the scope of the order is
dispositive.6
2 The Petitioner is Leggett & Platt Inc. (hereinafter
‘‘Petitioner’’).
3 See Request for Antidumping Administrative
Review of the Antidumping Duty Order on
Uncovered Innerspring Units from the People’s
Republic of China, dated February 27, 2015.
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 80 FR
18202 (April 3, 2015) (‘‘Initiation Notice’’). We note
that the Initiation Notice appeared to identify
‘‘Macao Commercial’’ and ‘‘Industrial Spring
Mattress Manufacturer’’ as two separate companies.
However, the name of the single company for which
a review was requested was actually ‘‘Macao
Commercial and Industrial Spring Mattress
Manufacturer,’’ and we clarify now that this is the
correct name of the company under review.
5 See Letter to East Grace Corporation, dated May
11, 2015, and Letter to Macao Commercial and
Industrial Spring Mattress Manufacturer, dated May
11, 2015.
6 For a full description of the scope of the Order,
see Decision Memorandum from Christian Marsh,
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, entitled ‘‘Preliminary Results of 2014–
2015 Antidumping Duty Administrative Review:
Uncovered Innerspring Units from the People’s
Republic of China’’ (‘‘Preliminary Decision
Memorandum’’), issued concurrently with and
adopted by this notice.
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Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Notices
Methodology
The Department conducted this
review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as
amended (the Act). For a full
description of the methodology
underlying our conclusions, see the
Preliminary Decision Memorandum.7
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, a complete version of the
Preliminary Decision Memorandum can
be accessed directly on the internet at
https://www.trade.gov/enforcement/. The
signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
mstockstill on DSK4VPTVN1PROD with NOTICES
Preliminary Determination of No
Shipments
In its certified response to the
Department’s standard antidumping
duty questionnaire, Macao Commercial
stated that it had no shipments of PRC
origin innersprings to the United States
during the POR. Between June 6, 2015
and December 24, 2015, the Department
issued supplemental questionnaires to
Macao Commercial to verify this no
shipments claim. Additionally, to
corroborate Macao Commercial’s no
shipments claim, the Department
submitted a formal query to U.S.
Customs & Border Protection (‘‘CBP’’),
the results of which did not provide any
evidence that contradicts Macao
Commercial’s claim of no shipments.
Thus, the Department preliminarily
determines that Macao Commercial had
no shipments of innerspring units of
PRC origin to the United States during
the POR and, therefore, had no
reviewable entries.8 In addition,
consistent with the Department’s
practice in nonmarket economy cases,
the Department finds that it is
appropriate not to rescind the review, in
part, in these circumstances, but rather
to complete the review with respect to
Macao Commercial and issue
7 A list of topics discussed in the Preliminary
Decision Memorandum is provided at Appendix I
to this notice.
8 For more detail see Preliminary Decision
Memorandum.
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17:55 Mar 09, 2016
Jkt 238001
appropriate instructions to CBP based
on the final results of the review.9
Companies That Did Not Establish
Their Eligibility for a Separate Rate
In our Initiation Notice, we stated,
‘‘{f}or exporters and producers who
submit a separate-rate status application
or certification and subsequently are
selected as mandatory respondents,
these exporters and producers will no
longer be eligible for separate rate status
unless they respond to all parts of the
questionnaire as mandatory
respondents.’’ 10 East Grace was selected
as a mandatory respondent in the
instant review, but East Grace failed to
respond to the Department’s
antidumping duty questionnaire, and
East Grace did not submit a noshipments certification. Therefore, we
preliminarily find that East Grace is no
longer eligible for separate rate status
and that the PRC-wide entity includes
East Grace.11
We also note that the Department’s
change in policy 12 regarding
conditional review of the PRC-wide
entity applies to this administrative
review.13 Under this policy, the PRCwide entity will not be under review
unless a party specifically requests, or
the Department self-initiates, a review of
the entity. Because no party requested a
review of the PRC-wide entity in this
review, the PRC-wide entity is not
under review and therefore its rate is
not subject to change. The rate
previously established for the PRC-wide
entity in this proceeding is 234.51
percent.
Public Comment and Opportunity To
Request a Hearing 14
Interested parties may submit case
briefs within 30 days after the date of
9 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–95 (October 24, 2011).
10 See Initiation Notice, 80 FR at 18203.
11 See section 776(b) of the Act.
12 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
13 Under this policy, the PRC-wide entity will not
be under review unless a party specifically requests,
or the Department self-initiates, a review of the
entity. Because no party requested a review of the
PRC-wide entity in this review, the entity is not
under review.
14 Normally, the Department discloses to
interested parties the calculations performed in
connection with a preliminary results result of
review within five days of the date of publication
of the notice of preliminary results in the Federal
Register, in accordance with 19 CFR 351.224(b).
However, because the Department has preliminarily
determined that East Grace is ineligible for a
separate rate and that Macao Commercial had no
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12689
publication of these preliminary results
of review.15 Rebuttals to case briefs,
which must be limited to issues raised
in the case briefs, must be filed within
five days after the time limit for filing
case briefs.16 Parties who submit
arguments 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.17 Parties submitting briefs
should do so pursuant to the
Department’s electronic filing system,
ACCESS.
Any interested party may request a
hearing within 30 days of publication of
this notice.18 Hearing requests should
contain the following information: (1)
The party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of the issues
to be discussed. Oral presentations will
be limited to issues raised in the
briefs.19 If a request for a hearing is
made, parties will be notified of the
time and date for the hearing to be held
at the U.S. Department of Commerce,
14th Street and Constitution Avenue
NW., Washington, DC 20230.20
The Department intends to issue the
final results of this administrative
review, which will include the results of
our analysis of any issues raised in case
briefs, within 120 days of publication of
these preliminary results in the Federal
Register, unless extended, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review.21 The Department intends to
issue assessment instructions to CBP 15
days after the publication date of the
final results of this review. We intend to
instruct CBP to liquidate relevant
entries from the PRC-wide entity
(including East Grace) at the current rate
for the PRC-wide entity (i.e., 234.51
percent). For Macao Commercial, which
we preliminarily find had no shipments
during the POR, we intend to instruct
CBP to liquidate any suspended entries
of subject merchandise that entered
under that exporter’s case number (i.e.,
shipments during the POR, there are no calculations
to disclose.
15 See 19 CFR 351.309(c)(1)(ii).
16 See 19 CFR 351.309(d).
17 See 19 CFR 351.309(c)(2), (d)(2).
18 See 19 CFR 351.310(c).
19 Id.
20 See 19 CFR 351.310(d).
21 See 19 CFR 351.212(b).
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Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Notices
at that exporter’s rate) at the PRC-wide
rate.22
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
review for shipments of the subject
merchandise from the PRC entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided by sections
751(a)(2)(C) of the Act: (1) For any
companies listed that have a separate
rate, the cash deposit rate will be that
established in the final results of this
review (except, if the rate is zero or de
minimis, then zero cash deposit will be
required); (2) for previously investigated
or reviewed PRC and non-PRC exporters
not listed that received a separate rate
in a prior segment of this proceeding,
the cash deposit rate will continue to be
the existing exporter-specific rate; (3) for
all PRC exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be that for the PRCwide entity; and (4) for all non-PRC
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the PRC exporter that
supplied that non-PRC exporter. These
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during the 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 double
antidumping duties.
These preliminary results are being
issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act and 19 CFR 351.221(b)(4).
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Dated: March 2, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum:
1. Summary
2. Case History
3. Scope of the Order
22 Id.
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19:07 Mar 09, 2016
Jkt 238001
4. Discussion of the Methodology
a. Non-Market Economy Status
b. Companies that Did Not Establish Their
Eligibility for a Separate Rate
c. Preliminary Determination of No
Shipments
5. Recommendation
[FR Doc. 2016–05404 Filed 3–9–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–818]
Certain Pasta From Italy: Amended
Final Results of Antidumping Duty
Administrative Review; 2013–2014
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is amending the Final
Results 1 of the antidumping duty
administrative review of certain pasta
(pasta) from Italy to correct a ministerial
error. The period of review (POR) is July
1, 2013, through June 30, 2014.
DATES: Effective March 10, 2016.
FOR FURTHER INFORMATION CONTACT: Joy
Zhang, AD/CVD Operations, Office III,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–1168.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On February 10, 2016, the Department
disclosed to interested parties its
calculations for the Final Results.2 On
February 17, 2016, the Department
received a timely filed ministerial error
allegation from La Molisana, S.p.A. (La
Molisana) regarding the Department’s
final margin calculation.3
Period of Review
The POR covered by this review is
July 1, 2013, through June 30, 2014.
1 See Certain Pasta From Italy: Final Results of
Antidumping Duty Administrative Review; 2013–
2014, 81 FR 8043 (February 17, 2016) (Final
Results).
2 See Memorandum to Eric Greynolds, Program
Manager, AD/CVD Operations, Office III from Joy
Zhang, Case Analyst, ‘‘2013–2014 Antidumping
Duty Administrative Review of Certain Pasta from
Italy—Final Results, Sales Analysis Memorandum
for La Molisana,’’ dated February 10, 2016 (Final
Results Calculations).
3 See Letter from La Molisana, ‘‘Certain Pasta
From Italy: A–475–818; Request for Correction of
Clerical Error Pursuant to 17 CFR Section
351.224(f),’’ dated February 16, 2016.
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Scope of the Order
Imports covered by the order are
shipments of certain non-egg dry pasta.
The merchandise subject to review is
currently classifiable under items
1901.90.90.95 and 1902.19.20 of the
Harmonized Tariff Schedule of the
United States (HTSUS). Although the
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
subject to the order is dispositive.4
Ministerial Errors
Section 751(b) of the Tariff Act of
1930, as amended (‘‘the Act’’), and 19
CFR 351.224(f) defines a ministerial
error as an error ‘‘in addition,
subtraction, or other arithmetic
function, clerical errors resulting from
inaccurate copying, duplication, or the
like, and any other type of unintentional
error which {the Department} considers
ministerial.’’ We analyzed La Molisana’s
ministerial error comments and
determined, in accordance with section
751(h) of the Act and 19 CFR 351.224(e),
that there was a ministerial error in our
margin calculation for La Molisana for
the Final Results. For a complete
discussion of the alleged error, see the
Department’s Ministerial Error
Memorandum.5
In accordance with section 751(h) of
the Act and 19 CFR 351.224(e), we are
amending the Final Results.
Specifically, we are amending the
weighted-average dumping margin for
La Molisana as well as for the
companies that were not selected for
individual examination, who were
assigned the rate determined for La
Molisana.6 The revised weightedaverage dumping margins for the
affected companies are detailed below.
Amended Final Results
As a result of correcting for the
ministerial error, we determined the
following amended weighted-average
dumping margins 7 for the period July 1,
2013, through June 30, 2014:
4 For a full description of the scope of the order,
see the ‘‘Issues and Decision Memorandum for the
Final Results of Antidumping Duty Administrative
Review and Partial Rescission: Certain Pasta from
Italy; 2013–2014’’ from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, dated February 9, 2016 (Issues and
Decision Memorandum) and incorporated herein by
reference.
5 See ‘‘Amended Final Results of the 2013–2014
Administrative Review of the Antidumping Duty
Order on Certain Pasta from Italy: Allegation of
Ministerial Error,’’ dated concurrently with this
notice (‘‘Ministerial Error Memorandum’’).
6 See Final Results, 80 FR at 61362.
7 The margin for the non-examined companies
was based on the calculated weighted-average
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Agencies
[Federal Register Volume 81, Number 47 (Thursday, March 10, 2016)]
[Notices]
[Pages 12688-12690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05404]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-928]
Uncovered Innerspring Units From the People's Republic of China:
Preliminary Results of the Antidumping Duty Administrative Review;
2014-2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the ``Department'') is conducting
an administrative review of the antidumping duty order on uncovered
innerspring units from the People's Republic of China (``PRC''), for
the period of review (``POR''), February 1, 2014, to January 31, 2015.
The Department preliminarily determines that Macao Commercial and
Industrial Spring Mattress Manufacturer (``Macao Commercial'') had no
reviewable shipments of subject merchandise during the POR. We also
preliminarily determine that East Grace Corporation (``East Grace'')
has not established its entitlement to separate rate status and,
therefore, is being treated as part of the PRC-wide entity. Interested
parties are invited to comment on these preliminary results.
DATES: Effective Date: March 10, 2016.
FOR FURTHER INFORMATION CONTACT: Kenneth Hawkins, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-6491.
SUPPLEMENTARY INFORMATION:
Background
On February 19, 2009, the Department published in the Federal
Register an antidumping duty order on uncovered innerspring units from
the PRC.\1\ On June 30, 2014, the Department received a request from
Petitioner \2\ to conduct an administrative review of East Grace and
Macao Commercial.\3\ On April 3, 2015, the Department initiated this
review based on Petitioner's review request.\4\ On May 11, 2015, the
Department issued its standard antidumping duty questionnaires to East
Grace and Macao Commercial.\5\ Macao Commercial provided timely
responses to the Department's initial and supplemental questionnaires.
East Grace did not respond to the Department's standard questionnaire
and has not participated in this proceeding.
---------------------------------------------------------------------------
\1\ See Notice of Antidumping Duty Order: Uncovered Innerspring
Units from the People's Republic of China, 74 FR 7661 (February 19,
2009) (``Order'').
\2\ The Petitioner is Leggett & Platt Inc. (hereinafter
``Petitioner'').
\3\ See Request for Antidumping Administrative Review of the
Antidumping Duty Order on Uncovered Innerspring Units from the
People's Republic of China, dated February 27, 2015.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 80 FR 18202 (April 3, 2015) (``Initiation
Notice''). We note that the Initiation Notice appeared to identify
``Macao Commercial'' and ``Industrial Spring Mattress Manufacturer''
as two separate companies. However, the name of the single company
for which a review was requested was actually ``Macao Commercial and
Industrial Spring Mattress Manufacturer,'' and we clarify now that
this is the correct name of the company under review.
\5\ See Letter to East Grace Corporation, dated May 11, 2015,
and Letter to Macao Commercial and Industrial Spring Mattress
Manufacturer, dated May 11, 2015.
---------------------------------------------------------------------------
Scope of the 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. Uncovered
innersprings are classified under subheading 9404.29.9010 and have also
been classified under subheadings 9404.10.0000, 9404.29.9005,
9404.29.9011, 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 description of the scope of the order is
dispositive.\6\
---------------------------------------------------------------------------
\6\ For a full description of the scope of the Order, see
Decision Memorandum from Christian Marsh, Deputy Assistant Secretary
for Antidumping and Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and Compliance, entitled
``Preliminary Results of 2014-2015 Antidumping Duty Administrative
Review: Uncovered Innerspring Units from the People's Republic of
China'' (``Preliminary Decision Memorandum''), issued concurrently
with and adopted by this notice.
---------------------------------------------------------------------------
[[Page 12689]]
Methodology
The Department conducted this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). For a
full description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum.\7\ 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, a complete version of the Preliminary Decision Memorandum
can be accessed directly on the internet at https://www.trade.gov/enforcement/. The signed Preliminary Decision Memorandum and the
electronic versions of the Preliminary Decision Memorandum are
identical in content.
---------------------------------------------------------------------------
\7\ A list of topics discussed in the Preliminary Decision
Memorandum is provided at Appendix I to this notice.
---------------------------------------------------------------------------
Preliminary Determination of No Shipments
In its certified response to the Department's standard antidumping
duty questionnaire, Macao Commercial stated that it had no shipments of
PRC origin innersprings to the United States during the POR. Between
June 6, 2015 and December 24, 2015, the Department issued supplemental
questionnaires to Macao Commercial to verify this no shipments claim.
Additionally, to corroborate Macao Commercial's no shipments claim, the
Department submitted a formal query to U.S. Customs & Border Protection
(``CBP''), the results of which did not provide any evidence that
contradicts Macao Commercial's claim of no shipments. Thus, the
Department preliminarily determines that Macao Commercial had no
shipments of innerspring units of PRC origin to the United States
during the POR and, therefore, had no reviewable entries.\8\ In
addition, consistent with the Department's practice in nonmarket
economy cases, the Department finds that it is appropriate not to
rescind the review, in part, in these circumstances, but rather to
complete the review with respect to Macao Commercial and issue
appropriate instructions to CBP based on the final results of the
review.\9\
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\8\ For more detail see Preliminary Decision Memorandum.
\9\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011).
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Companies That Did Not Establish Their Eligibility for a Separate Rate
In our Initiation Notice, we stated, ``{f{time} or exporters and
producers who submit a separate-rate status application or
certification and subsequently are selected as mandatory respondents,
these exporters and producers will no longer be eligible for separate
rate status unless they respond to all parts of the questionnaire as
mandatory respondents.''[hairsp]\10\ East Grace was selected as a
mandatory respondent in the instant review, but East Grace failed to
respond to the Department's antidumping duty questionnaire, and East
Grace did not submit a no-shipments certification. Therefore, we
preliminarily find that East Grace is no longer eligible for separate
rate status and that the PRC-wide entity includes East Grace.\11\
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\10\ See Initiation Notice, 80 FR at 18203.
\11\ See section 776(b) of the Act.
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We also note that the Department's change in policy \12\ regarding
conditional review of the PRC-wide entity applies to this
administrative review.\13\ Under this policy, the PRC-wide entity will
not be under review unless a party specifically requests, or the
Department self-initiates, a review of the entity. Because no party
requested a review of the PRC-wide entity in this review, the PRC-wide
entity is not under review and therefore its rate is not subject to
change. The rate previously established for the PRC-wide entity in this
proceeding is 234.51 percent.
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\12\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\13\ Under this policy, the PRC-wide entity will not be under
review unless a party specifically requests, or the Department self-
initiates, a review of the entity. Because no party requested a
review of the PRC-wide entity in this review, the entity is not
under review.
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Public Comment and Opportunity To Request a Hearing \14\
Interested parties may submit case briefs within 30 days after the
date of publication of these preliminary results of review.\15\
Rebuttals to case briefs, which must be limited to issues raised in the
case briefs, must be filed within five days after the time limit for
filing case briefs.\16\ Parties who submit arguments 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.\17\ Parties
submitting briefs should do so pursuant to the Department's electronic
filing system, ACCESS.
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\14\ Normally, the Department discloses to interested parties
the calculations performed in connection with a preliminary results
result of review within five days of the date of publication of the
notice of preliminary results in the Federal Register, in accordance
with 19 CFR 351.224(b). However, because the Department has
preliminarily determined that East Grace is ineligible for a
separate rate and that Macao Commercial had no shipments during the
POR, there are no calculations to disclose.
\15\ See 19 CFR 351.309(c)(1)(ii).
\16\ See 19 CFR 351.309(d).
\17\ See 19 CFR 351.309(c)(2), (d)(2).
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Any interested party may request a hearing within 30 days of
publication of this notice.\18\ Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations will be limited to issues raised in
the briefs.\19\ If a request for a hearing is made, parties will be
notified of the time and date for the hearing to be held at the U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230.\20\
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\18\ See 19 CFR 351.310(c).
\19\ Id.
\20\ See 19 CFR 351.310(d).
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The Department intends to issue the final results of this
administrative review, which will include the results of our analysis
of any issues raised in case briefs, within 120 days of publication of
these preliminary results in the Federal Register, unless extended,
pursuant to section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, the Department will determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by this review.\21\ The Department intends to issue assessment
instructions to CBP 15 days after the publication date of the final
results of this review. We intend to instruct CBP to liquidate relevant
entries from the PRC-wide entity (including East Grace) at the current
rate for the PRC-wide entity (i.e., 234.51 percent). For Macao
Commercial, which we preliminarily find had no shipments during the
POR, we intend to instruct CBP to liquidate any suspended entries of
subject merchandise that entered under that exporter's case number
(i.e.,
[[Page 12690]]
at that exporter's rate) at the PRC-wide rate.\22\
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\21\ See 19 CFR 351.212(b).
\22\ Id.
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review for shipments of the
subject merchandise from the PRC entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
sections 751(a)(2)(C) of the Act: (1) For any companies listed that
have a separate rate, the cash deposit rate will be that established in
the final results of this review (except, if the rate is zero or de
minimis, then zero cash deposit will be required); (2) for previously
investigated or reviewed PRC and non-PRC exporters not listed that
received a separate rate in a prior segment of this proceeding, the
cash deposit rate will continue to be the existing exporter-specific
rate; (3) for all PRC exporters of subject merchandise that have not
been found to be entitled to a separate rate, the cash deposit rate
will be that for the PRC-wide entity; and (4) for all non-PRC exporters
of subject merchandise which have not received their own rate, the cash
deposit rate will be the rate applicable to the PRC exporter that
supplied that non-PRC exporter. These deposit requirements, when
imposed, shall remain in effect until further notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during the 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 double antidumping duties.
These preliminary results are being issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.221(b)(4).
Dated: March 2, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum:
1. Summary
2. Case History
3. Scope of the Order
4. Discussion of the Methodology
a. Non-Market Economy Status
b. Companies that Did Not Establish Their Eligibility for a
Separate Rate
c. Preliminary Determination of No Shipments
5. Recommendation
[FR Doc. 2016-05404 Filed 3-9-16; 8:45 am]
BILLING CODE 3510-DS-P