Uncovered Innerspring Units From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2014-2015, 62729-62731 [2016-21859]
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Federal Register / Vol. 81, No. 176 / Monday, September 12, 2016 / Notices
untimely if it is filed after the time limit
established under Part 351 expires. For
submissions which are due from
multiple parties simultaneously, an
extension request will be considered
untimely if it is filed after 10:00 a.m. on
the due date. Examples include, but are
not limited to: (1) Case and rebuttal
briefs, filed pursuant to 19 CFR 351.309;
(2) factual information to value factors
under 19 CFR 351.408(c), or to measure
the adequacy of remuneration under 19
CFR 351.511(a)(2), filed pursuant to 19
CFR 351.301(c)(3) and rebuttal,
clarification and correction filed
pursuant to 19 CFR 351.301(c)(3)(iv); (3)
comments concerning the selection of a
surrogate country and surrogate values
and rebuttal; (4) comments concerning
U.S. Customs and Border Protection
data; and (5) quantity and value
questionnaires. Under certain
circumstances, the Department may
elect to specify a different time limit by
which extension requests will be
considered untimely for submissions
which are due from multiple parties
simultaneously. In such a case, the
Department will inform parties in the
letter or memorandum setting forth the
deadline (including a specified time) by
which extension requests must be filed
to be considered timely. This
modification also requires that an
extension request must be made in a
separate, stand-alone submission, and
clarifies the circumstances under which
the Department will grant untimelyfiled requests for the extension of time
limits. These modifications are effective
for all segments initiated on or after
October 21, 2013. Please review the
final rule, available at https://
www.gpo.gov/fdsys/pkg/FR-2013-09-20/
html/2013-22853.htm, prior to
submitting factual information in these
segments.
These initiations and this notice are
in accordance with section 751(a) of the
Act (19 U.S.C. 1675(a)) and 19 CFR
351.221(c)(1)(i).
Dated: September 6, 2016.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2016–21866 Filed 9–9–16; 8:45 am]
sradovich on DSK3GMQ082PROD with NOTICES
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–928]
Uncovered Innerspring Units From the
People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review; 2014–2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On March 10, 2016, the
Department of Commerce (the
‘‘Department’’) published the
preliminary results of the administrative
review of the antidumping duty order
on uncovered innerspring units
(‘‘innersprings’’) from the People’s
Republic of China (‘‘PRC’’). We gave
interested parties an opportunity to
comment on the preliminary results,
and based upon our analysis of the
comments and information received, we
made certain changes for these final
results. In these final results, we
determine that innersprings are being,
or are likely to be, sold in the United
States at less than fair value. The period
of review (‘‘POR’’) is February 1, 2014,
through January 31, 2015. The final
weighted-average dumping margins are
listed below in the ‘‘Final Results of
Review’’ section of this notice.
DATES: Effective September 12, 2016.
FOR FURTHER INFORMATION CONTACT:
Kenneth Hawkins, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–6491.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This review covers two exporters of
subject merchandise: East Grace
Corporation (‘‘East Grace’’) and Macao
Commercial and Industrial Spring
Mattress Manufacturer (‘‘Macao
Commercial’’).
The Department published the
preliminary results on March 10, 2016.1
A summary of the events that occurred
since the Department published the
Preliminary Results, as well as a full
discussion of the issues raised by parties
for these final results, may be found in
1 See Uncovered Innerspring Units from the
People’s Republic of China: Preliminary Results of
the Antidumping Duty Administrative Review;
2014–2015, 81 FR 12688 (March 10, 2016)
(‘‘Preliminary Results’’) and accompanying
Preliminary Decision Memorandum.
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the Final Issues and Decision
Memorandum.2
Also, as explained in the
memorandum from the Acting Assistant
Secretary for Enforcement and
Compliance, the Department exercised
its authority to toll all administrative
deadlines due to the recent closure of
the Federal Government.3 As a
consequence, all deadlines in this
segment of the proceeding have been
extended by four business days. The
revised deadline for the final results is
now September 6, 2016.
Scope of the Order
The merchandise subject to the order
is uncovered innerspring units.4 The
product is currently classified under
subheading 9404.29.9010 and has also
been classified under subheadings
9404.10.0000, 7326.20.0070,
7320.20.5010, or 7320.90.5010, of the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’). The HTSUS
subheadings are provided for
convenience and customs purposes
only; the written product description of
the scope of the order is dispositive.
Analysis of Comments Received
All issues raised in parties’ case and
rebuttal briefs are addressed in the
Issues and Decision Memorandum,
which is incorporated herein by
reference. A list of the issues which
parties raised, and to which we
responded in the Issues and Decision
Memorandum, is attached to this notice
as an Appendix. The Issues and
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(‘‘ACCESS’’). ACCESS is available to
registered users at https://
access.trade.gov, and it is available to
all parties in the Central Records Unit,
Room B8024 of the main Department of
Commerce building. The Issues and
Decision Memorandum can be accessed
at https://enforcement.trade.gov/frn/
index.html. The signed and electronic
2 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Uncovered
Innerspring Units from the People’s Republic of
China: Issues and Decision Memorandum for the
Final Results of the 2014–2015 Administrative
Review’’ (‘‘Issues and Decision Memorandum’’),
dated concurrently with this notice.
3 Memorandum to the Record from Ron
Lorentzen, Acting A/S for Enforcement &
Compliance, regarding ‘‘Tolling of Administrative
Deadlines As a Result of the Government Closure
During Snowstorm Jonas,’’ dated January 27, 2016,
extending all administrative deadlines by four
business days.
4 See Issues and Decision Memorandum for a
complete description of the Scope of the Order.
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Federal Register / Vol. 81, No. 176 / Monday, September 12, 2016 / Notices
versions of the Issues and Decision
Memorandum are identical in content.
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Companies That Did Not Establish
Their Eligibility for a Separate Rate
In the Preliminary Results, the
Department found that East Grace failed
to establish its eligibility to receive a
separate rate and that it was, thus, part
of the PRC-wide entity.5 The
Department has not received any
comments that would warrant a review
of that determination. Therefore, we
continue to find that East Grace is part
of the PRC-wide entity for purposes of
this review. 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.6 The rate
previously established for the PRC-wide
entity in this proceeding is 234.51
percent.
Changes Since the Preliminary Results
In the Preliminary Results, we found
that Macao Commercial had no
shipments of PRC-origin innersprings
during the POR and, therefore, had no
reviewable shipments.7 However, after
considering comments raised by
interested parties and additional
questionnaire responses submitted after
the Preliminary Results, the Department
is revising its preliminary results with
respect to Macao Commercial.
Specifically, we determine that use of
facts available with respect to Macao
Commercial is warranted pursuant to
section 776(a)(1) & (2)(A), (B), and (C) of
the Tariff Act of 1930, as amended (‘‘the
Act’’). We are also applying an adverse
inference in selecting from among the
facts available, pursuant to section
776(b) of the Act, because we find that
Macao Commercial failed to cooperate
to the best of its ability in providing the
requested information. Based on the
foregoing, we find that Macao
Commercial has failed to demonstrate
that it had no shipments of PRC-origin
innersprings during the POR, and we
are assigning a rate to Macao
Commercial using adverse facts
available.
As part of this determination, we have
not adopted petitioner Leggett and Platt,
Inc.’s suggestion that the Department
also find that the country of origin of all
of Macao Commercial’s exports of
innersprings to the United States during
5 See
Preliminary Results, 81 FR at 12689.
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).
7 See Preliminary Results, 81 FR at 12689.
6 See
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the POR is the PRC. However, the
information placed on the record during
this administrative review as well as
prior circumvention findings in this
proceeding 8 raise a concern that there
are entries which should be subject to
the Order but currently are not. The
Department intends to consider these
facts to determine if it would be
appropriate for the Department to selfinitiate a circumvention inquiry.
Final Results of Review
The weighted-average dumping
margin for the period February 1, 2014,
through January 31, 2015, is as follows:
Weightedaverage
dumping
margin
(percent)
Exporter
previously investigated or reviewed PRC
and non-PRC exporters not listed above
that have a separate rate, the cash
deposit rate will continue to be the
exporter-specific rate published for the
most recently completed segment of this
proceeding in which the exporter was
reviewed; (3) for all PRC exporters of
subject merchandise which have not
been found to be entitled to a separate
rate, the cash deposit rate will be that
established for the PRC-wide entity of
234.51 percent; and (4) for all non-PRC
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the PRC exporter that
supplied that non-PRC exporter with the
subject merchandise. The deposit
requirements, when imposed, shall
remain in effect until further notice.
Reimbursement of Duties
This notice also serves as a final
234.51 reminder to importers of their
responsibility under 19 CFR
Assessment
351.402(f)(2) to file a certificate
Pursuant to section 751(a)(2)(A) of the regarding the reimbursement of
antidumping duties prior to liquidation
Act and 19 CFR 351.212(b), the
of the relevant entries during this POR.
Department will determine, and U.S.
Customs and Border Protection (‘‘CBP’’) Failure to comply with this requirement
could result in the Department’s
shall assess, antidumping duties on all
presumption that reimbursement of
appropriate entries. The Department
intends to issue assessment instructions antidumping duties occurred and the
subsequent assessment of doubled
to CBP 15 days after the date of
publication of the final results of review antidumping duties.
in the Federal Register. For East Grace,
Administrative Protective Order
the Department will instruct CBP to
In accordance with 19 CFR
assess antidumping duties on the
351.305(a)(3), this notice also serves as
companies’ entries of subject
a final reminder to parties subject to
merchandise (i.e., PRC-origin
administrative protective order (‘‘APO’’)
innersprings) at the rate for the PRCof their responsibility concerning the
entity of 234.51 percent. For Macao
return or destruction of proprietary
Commercial, the Department will
information disclosed under APO,
instruct CBP to assess antidumping
which continues to govern business
duties on the companies’ entries of
proprietary information in this segment
subject merchandise (i.e., PRC-origin
of the proceeding. Timely written
innersprings) at the individuallynotification of the return or destruction
assigned rate of 234.51 percent.
of APO materials, or conversion to
Cash Deposit Requirements
judicial protective order, is hereby
The following cash deposit
requested. Failure to comply with the
requirements will be effective upon
regulations and terms of an APO is a
publication of the final results of this
violation which is subject to sanction.
administrative review for all shipments
of the subject merchandise from the PRC Notification to Interested Parties
We are issuing and publishing this
entered, or withdrawn from warehouse,
administrative review and notice in
for consumption on or after the
accordance with sections 751(a)(1) and
publication date, as provided for by
777(i) of the Act.
section 751(a)(2)(C) of the Act: (1) For
the exporter listed above, the cash
Dated: September 6, 2016.
deposit rate will be 234.51 percent for
Christian Marsh,
their entries of subject merchandise (i.e.,
Deputy Assistant Secretary for Antidumping
PRC-origin innersprings); (2) for
and Countervailing Duty Operations.
Macao Commercial and Industrial Spring Mattress
Manufacturer .....................
8 See, e.g., Uncovered Innerspring Units from the
People’s Republic of China: Affirmative Final
Determination of Circumvention of the
Antidumping Duty Order, 79 FR 3345 (January 21,
2014).
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Appendix I—List of Topics Discussed in
the Final Decision Memorandum
1. Summary
2. Background
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Federal Register / Vol. 81, No. 176 / Monday, September 12, 2016 / Notices
3. Scope of the Order
4. Discussion of the Issue
5. Application of Facts Available
6. Affiliations
7. Sales Process
8. Q&V Information Financial Statements/
Sales Reconciliations
9. Cost Reconciliations
10. Use of Adverse Inferences
11. Country of Origin
12. Recommendation
[FR Doc. 2016–21859 Filed 9–9–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Open Meeting of the Commission on
Enhancing National Cybersecurity
National Institute of Standards
and Technology, Commerce.
ACTION: Notice.
AGENCY:
The Commission on
Enhancing National Cybersecurity will
meet Monday, September 19, 2016 from
9:00 a.m. until 5:00 p.m. Eastern Time
at the American University Washington
College of Law, Claudio Grossman Hall,
Yuma Building. The primary purpose of
the meeting is to discuss the challenges
and opportunities for organizations and
consumers in securing the digital
economy. In particular, the meeting will
address: (1) International concerns; (2)
review of current state of cybersecurity;
(3) growing and securing the digital
economy; and (4) innovation and
technology in the government. The
meeting will support detailed
recommendations to strengthen
cybersecurity in both the public and
private sectors while protecting privacy,
ensuring public safety and economic
and national security, fostering
discovery and development of new
technical solutions, and bolstering
partnerships between Federal, State,
local, tribal and territorial governments
and the private sector in the
development, promotion, and use of
cybersecurity technologies, policies, and
best practices. All sessions will be open
to the public.
DATES: The meeting will be held on
Monday, September 19, 2016 from 9:00
a.m. until 5:00 p.m. Eastern Time.
ADDRESSES: The meeting will be held at
the American University Washington
College of Law, Claudio Grossman Hall,
Yuma Building, located at 4300
Nebraska Avenue NW., Washington, DC
20016. The meeting is open to the
public and interested parties are
requested to contact Sara Kerman at the
contact information indicated in the FOR
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SUMMARY:
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18:40 Sep 09, 2016
Jkt 238001
section of
this notice in advance of the meeting for
building entrance requirements.
FOR FURTHER INFORMATION CONTACT: Sara
Kerman, Information Technology
Laboratory, National Institute of
Standards and Technology, 100 Bureau
Drive, Stop 2000, Gaithersburg, MD
20899–8900, telephone: 301–975–4634,
or by email at: eo-commission@nist.gov.
Please use subject line ‘‘Open Meeting of
the Commission on Enhancing National
Cybersecurity—DC’’.
SUPPLEMENTARY INFORMATION: Pursuant
to the Federal Advisory Committee Act,
as amended, 5 U.S.C. App., notice is
hereby given that the Commission on
Enhancing National Cybersecurity (‘‘the
Commission’’) will meet Monday,
September 19, 2016 from 9:00 a.m. until
5:00 p.m. Eastern Time. All sessions
will be open to the public. The
Commission is authorized by Executive
Order 13718, Commission on Enhancing
National Cybersecurity.1 The
Commission was established by the
President and will make detailed
recommendations to strengthen
cybersecurity in both the public and
private sectors while protecting privacy,
ensuring public safety and economic
and national security, fostering
discovery and development of new
technical solutions, and bolstering
partnerships between Federal, State,
local, tribal and territorial governments
and the private sector in the
development, promotion, and use of
cybersecurity technologies, policies, and
best practices.
The agenda is expected to include the
following items:
—Introductions
—Panel discussion on International
Concerns
—Panel discussion—Current State
Review—‘‘How did we get here?’’
—Panel discussion on Growing and
Securing the Digital Economy
—Panel discussion on Embracing
Innovation and Technology in the
Government
—Conclusion
Note that agenda items may change
without notice. The final agenda will be
posted on https://www.nist.gov/
cybercommission. Seating will be
available for the public and media. No
registration is required to attend this
meeting; however, on-site attendees are
asked to voluntarily sign in and space
will be available on a first-come, firstserved basis.
Public Participation: The Commission
agenda will include a period of time,
FURTHER INFORMATION CONTACT
1 https://www.federalregister.gov/articles/2016/
02/12/2016-03038/commission-on-enhancingnational-cybersecurity.
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not to exceed fifteen minutes, for oral
comments from the public on Monday,
September 19, 2016 from 4:15 p.m. until
4:30 p.m. Eastern Time. Speakers will
be selected on a first-come, first-served
basis. Each speaker will be limited to
five minutes. Questions from the public
will not be considered during this
period. Members of the public who are
interested in speaking are requested to
contact Sara Kerman at the contact
information indicated in the FOR
FURTHER INFORMATION CONTACT section of
this notice.
Speakers who wish to expand upon
their oral statements, those who had
wished to speak but could not be
accommodated on the agenda, and those
who were unable to attend in person are
invited to submit written statements. In
addition, written statements are invited
and may be submitted to the
Commission at any time. All written
statements should be directed to the
Commission Executive Director,
Information Technology Laboratory, 100
Bureau Drive, Stop 8900, National
Institute of Standards and Technology,
Gaithersburg, MD 20899–8900 or by
email at: cybercommission@nist.gov.
Please use subject line ‘‘Open Meeting of
the Commission on Enhancing National
Cybersecurity—DC’’.
Pursuant to 41 CFR 102–3.150(b), this
Federal Register notice for this meeting
is being published fewer than 15
calendar days prior to the meeting as
exceptional circumstances exist. It is
imperative that the meeting be held on
September 19, 2016 to accommodate the
scheduling priorities of the key
participants, who must maintain a strict
schedule of meetings in order to
complete the Commission’s report by
December 1, 2016, as required by
Executive Order 13718 § 3(e) (February
9, 2016). Notice of the meeting is also
posted on the National Institute of
Standards and Technology’s Web site at
https://www.nist.gov/cybercommission.
Kevin Kimball,
Chief of Staff.
[FR Doc. 2016–21813 Filed 9–9–16; 8:45 am]
BILLING CODE 3510–13–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE875
Pacific Fishery Management Council;
Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
E:\FR\FM\12SEN1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 176 (Monday, September 12, 2016)]
[Notices]
[Pages 62729-62731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21859]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-928]
Uncovered Innerspring Units From the People's Republic of China:
Final Results of Antidumping Duty Administrative Review; 2014-2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On March 10, 2016, the Department of Commerce (the
``Department'') published the preliminary results of the administrative
review of the antidumping duty order on uncovered innerspring units
(``innersprings'') from the People's Republic of China (``PRC''). We
gave interested parties an opportunity to comment on the preliminary
results, and based upon our analysis of the comments and information
received, we made certain changes for these final results. In these
final results, we determine that innersprings are being, or are likely
to be, sold in the United States at less than fair value. The period of
review (``POR'') is February 1, 2014, through January 31, 2015. The
final weighted-average dumping margins are listed below in the ``Final
Results of Review'' section of this notice.
DATES: Effective September 12, 2016.
FOR FURTHER INFORMATION CONTACT: Kenneth Hawkins, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
6491.
SUPPLEMENTARY INFORMATION:
Background
This review covers two exporters of subject merchandise: East Grace
Corporation (``East Grace'') and Macao Commercial and Industrial Spring
Mattress Manufacturer (``Macao Commercial'').
The Department published the preliminary results on March 10,
2016.\1\ A summary of the events that occurred since the Department
published the Preliminary Results, as well as a full discussion of the
issues raised by parties for these final results, may be found in the
Final Issues and Decision Memorandum.\2\
---------------------------------------------------------------------------
\1\ See Uncovered Innerspring Units from the People's Republic
of China: Preliminary Results of the Antidumping Duty Administrative
Review; 2014-2015, 81 FR 12688 (March 10, 2016) (``Preliminary
Results'') and accompanying Preliminary Decision Memorandum.
\2\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
``Uncovered Innerspring Units from the People's Republic of China:
Issues and Decision Memorandum for the Final Results of the 2014-
2015 Administrative Review'' (``Issues and Decision Memorandum''),
dated concurrently with this notice.
---------------------------------------------------------------------------
Also, as explained in the memorandum from the Acting Assistant
Secretary for Enforcement and Compliance, the Department exercised its
authority to toll all administrative deadlines due to the recent
closure of the Federal Government.\3\ As a consequence, all deadlines
in this segment of the proceeding have been extended by four business
days. The revised deadline for the final results is now September 6,
2016.
---------------------------------------------------------------------------
\3\ Memorandum to the Record from Ron Lorentzen, Acting A/S for
Enforcement & Compliance, regarding ``Tolling of Administrative
Deadlines As a Result of the Government Closure During Snowstorm
Jonas,'' dated January 27, 2016, extending all administrative
deadlines by four business days.
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the order is uncovered innerspring
units.\4\ The product is currently classified under subheading
9404.29.9010 and has also been classified under subheadings
9404.10.0000, 7326.20.0070, 7320.20.5010, or 7320.90.5010, of the
Harmonized Tariff Schedule of the United States (``HTSUS''). The HTSUS
subheadings are provided for convenience and customs purposes only; the
written product description of the scope of the order is dispositive.
---------------------------------------------------------------------------
\4\ See Issues and Decision Memorandum for a complete
description of the Scope of the Order.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in parties' case and rebuttal briefs are
addressed in the Issues and Decision Memorandum, which is incorporated
herein by reference. A list of the issues which parties raised, and to
which we responded in the Issues and Decision Memorandum, is attached
to this notice as an Appendix. The Issues and Decision Memorandum is a
public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (``ACCESS''). ACCESS is available to registered users at
https://access.trade.gov, and it is available to all parties in the
Central Records Unit, Room B8024 of the main Department of Commerce
building. The Issues and Decision Memorandum can be accessed at https://enforcement.trade.gov/frn/. The signed and electronic
[[Page 62730]]
versions of the Issues and Decision Memorandum are identical in
content.
Companies That Did Not Establish Their Eligibility for a Separate Rate
In the Preliminary Results, the Department found that East Grace
failed to establish its eligibility to receive a separate rate and that
it was, thus, part of the PRC-wide entity.\5\ The Department has not
received any comments that would warrant a review of that
determination. Therefore, we continue to find that East Grace is part
of the PRC-wide entity for purposes of this review. 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.\6\ The rate previously established for the PRC-wide entity in
this proceeding is 234.51 percent.
---------------------------------------------------------------------------
\5\ See Preliminary Results, 81 FR at 12689.
\6\ 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).
---------------------------------------------------------------------------
Changes Since the Preliminary Results
In the Preliminary Results, we found that Macao Commercial had no
shipments of PRC-origin innersprings during the POR and, therefore, had
no reviewable shipments.\7\ However, after considering comments raised
by interested parties and additional questionnaire responses submitted
after the Preliminary Results, the Department is revising its
preliminary results with respect to Macao Commercial. Specifically, we
determine that use of facts available with respect to Macao Commercial
is warranted pursuant to section 776(a)(1) & (2)(A), (B), and (C) of
the Tariff Act of 1930, as amended (``the Act''). We are also applying
an adverse inference in selecting from among the facts available,
pursuant to section 776(b) of the Act, because we find that Macao
Commercial failed to cooperate to the best of its ability in providing
the requested information. Based on the foregoing, we find that Macao
Commercial has failed to demonstrate that it had no shipments of PRC-
origin innersprings during the POR, and we are assigning a rate to
Macao Commercial using adverse facts available.
---------------------------------------------------------------------------
\7\ See Preliminary Results, 81 FR at 12689.
---------------------------------------------------------------------------
As part of this determination, we have not adopted petitioner
Leggett and Platt, Inc.'s suggestion that the Department also find that
the country of origin of all of Macao Commercial's exports of
innersprings to the United States during the POR is the PRC. However,
the information placed on the record during this administrative review
as well as prior circumvention findings in this proceeding \8\ raise a
concern that there are entries which should be subject to the Order but
currently are not. The Department intends to consider these facts to
determine if it would be appropriate for the Department to self-
initiate a circumvention inquiry.
---------------------------------------------------------------------------
\8\ See, e.g., Uncovered Innerspring Units from the People's
Republic of China: Affirmative Final Determination of Circumvention
of the Antidumping Duty Order, 79 FR 3345 (January 21, 2014).
---------------------------------------------------------------------------
Final Results of Review
The weighted-average dumping margin for the period February 1,
2014, through January 31, 2015, is as follows:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping margin
(percent)
------------------------------------------------------------------------
Macao Commercial and Industrial Spring Mattress 234.51
Manufacturer...........................................
------------------------------------------------------------------------
Assessment
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b),
the Department will determine, and U.S. Customs and Border Protection
(``CBP'') shall assess, antidumping duties on all appropriate entries.
The Department intends to issue assessment instructions to CBP 15 days
after the date of publication of the final results of review in the
Federal Register. For East Grace, the Department will instruct CBP to
assess antidumping duties on the companies' entries of subject
merchandise (i.e., PRC-origin innersprings) at the rate for the PRC-
entity of 234.51 percent. For Macao Commercial, the Department will
instruct CBP to assess antidumping duties on the companies' entries of
subject merchandise (i.e., PRC-origin innersprings) at the
individually-assigned rate of 234.51 percent.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For the exporter
listed above, the cash deposit rate will be 234.51 percent for their
entries of subject merchandise (i.e., PRC-origin innersprings); (2) for
previously investigated or reviewed PRC and non-PRC exporters not
listed above that have a separate rate, the cash deposit rate will
continue to be the exporter-specific rate published for the most
recently completed segment of this proceeding in which the exporter was
reviewed; (3) for all PRC exporters of subject merchandise which have
not been found to be entitled to a separate rate, the cash deposit rate
will be that established for the PRC-wide entity of 234.51 percent; and
(4) for all non-PRC exporters of subject merchandise which have not
received their own rate, the cash deposit rate will be the rate
applicable to the PRC exporter that supplied that non-PRC exporter with
the subject merchandise. The deposit requirements, when imposed, shall
remain in effect until further notice.
Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Order
In accordance with 19 CFR 351.305(a)(3), this notice also serves as
a final reminder to parties subject to administrative protective order
(``APO'') of their responsibility concerning the return or destruction
of proprietary information disclosed under APO, which continues to
govern business proprietary information in this segment of the
proceeding. Timely written notification of the return or destruction of
APO materials, or conversion to judicial protective order, is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing this administrative review and notice
in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: September 6, 2016.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix I--List of Topics Discussed in the Final Decision Memorandum
1. Summary
2. Background
[[Page 62731]]
3. Scope of the Order
4. Discussion of the Issue
5. Application of Facts Available
6. Affiliations
7. Sales Process
8. Q&V Information Financial Statements/Sales Reconciliations
9. Cost Reconciliations
10. Use of Adverse Inferences
11. Country of Origin
12. Recommendation
[FR Doc. 2016-21859 Filed 9-9-16; 8:45 am]
BILLING CODE 3510-DS-P
