Uncovered Innerspring Units From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review; 2015-2016, 78116-78117 [2016-26849]
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<![CDATA[
78116
Federal Register / Vol. 81, No. 215 / Monday, November 7, 2016 / Notices
Manufacturers/producers/
exporters
Net
countervailable
subsidy rate
(percent)
Columbus Stainless Steel
Company (the operating
unit of the Columbus Joint
Venture) ............................
All-Others ..............................
3.95
3.95
Notification Regarding Administrative
Protective Order
This notice serves as the only
reminder to parties subject to
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 notification of return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
The Department is issuing and
publishing these final results and this
notice in accordance with sections
751(c), 752(b), and 777(i)(1) of the Act.
Dated: October 31, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2016–26851 Filed 11–4–16; 8:45 am]
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; 2015–2016
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 (‘‘innerspring units’’)
from the People’s Republic of China
(‘‘PRC’’). The period of review (‘‘POR’’)
is February 1, 2015, through January 31,
2016. The Department preliminarily
determines that the sole respondent,
Enchant Privilege Sdn Bhd (‘‘Enchant
Privilege’’), did not cooperate to the best
of its ability and is, therefore, basing its
margin on adverse facts available
(‘‘AFA’’). Interested parties are invited
to comment on these preliminary
results.
sradovich on DSK3GMQ082PROD with NOTICES
AGENCY:
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FOR FURTHER INFORMATION CONTACT:
Kenneth Hawkins, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–6491.
SUPPLEMENTARY INFORMATION:
Background
On February 19, 2009, the Department
published an antidumping duty order
on innerspring units from the PRC (‘‘the
Order’’).1 On February 29, 2016, Leggett
& Platt, Inc. (‘‘Petitioner’’) submitted a
request for the Department to conduct
an administrative review of the Order
that examines Enchant Privilege’s
exports of subject merchandise made
during the POR.2 On April 7, 2016, the
Department published in the Federal
Register a notice of initiation of this
administrative review of the Order
concerning Enchant Privilege’s POR
exports of subject merchandise.3 4
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. The product is currently
classified under subheading
9404.29.9010 and has 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.5
1 See Uncovered Innerspring Units from the
People’s Republic of China: Notice of Antidumping
Duty Order, 74 FR 7661 (February 19, 2009).
2 See Request for Antidumping Administrative
Review of the Antidumping Duty Order on
Uncovered Innerspring Units from the People’s
Republic of China, dated February 29, 2016.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 81 FR
20324 (April 7, 2016) (‘‘Initiation Notice’’).
4 Enchant Privilege is located in Malaysia, a
market economy country. As a result, the
Department is examining Enchant Privilege’s PRCorigin exports of subject merchandise for this
administrative review.
5 For a full description of the scope of the order,
see the Department Memorandum, ‘‘Decision
Memorandum for Preliminary Results of 2015–2016
Antidumping Duty Administrative Review:
Uncovered Innerspring Units from the People’s
Republic of China,’’ dated concurrently with and
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Methodology
The Department is conducting this
review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as
amended (‘‘the Act’’). With respect to
Enchant Privilege, we relied on facts
available and, because Enchant Privilege
did not act to the best of its ability to
respond to the Department’s requests for
information, we drew an adverse
inference in selecting from among the
facts otherwise available.6
For a full description of the
methodology underlying our
conclusions, please see the Preliminary
Decision Memorandum. The
Preliminary Decision Memorandum is a
public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘ACCESS’’).
ACCESS is available to registered users
at https://access.trade.gov and in the
Central Records Unit, room 7046 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://
enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and
the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Preliminary Results of Review
The Department preliminarily
determines that a dumping margin of
234.51 percent exists for Enchant
Privilege for the period February 1,
2015, through January 31, 2016.
Public Comment
Pursuant to 19 CFR 351.309(c)(1)(ii),
interested parties may submit case briefs
not later than 30 days after the date of
publication of this notice in the Federal
Register. 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.7 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.8 Case and rebuttal
briefs should be filed using ACCESS.9
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
hereby adopted by this notice (Preliminary Decision
Memorandum).
6 See sections 776(a) and (b) of the Act.
7 See 19 CFR 351.309(d)(1).
8 See 19 CFR 351.309(c)(2) and (d)(2).
9 See 19 CFR 351.303.
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Federal Register / Vol. 81, No. 215 / Monday, November 7, 2016 / Notices
Privilege, 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) and the Department will
collect cash deposits only on Enchant
Privilege’s PRC-origin merchandise; (2)
for previously investigated or reviewed
PRC and non-PRC exporters not listed
above 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 published
for the most recently completed period;
(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 the PRC-wide rate
of 234.51 percent; and (4) for all nonPRC 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.
Assessment Rates
Upon issuance of the final results, the
Department will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review.11 The Department intends to
issue assessment instructions to CBP 15
days after the publication date of the
final results of this review. We will
instruct CBP to assess duties at the ad
valorem margin rate published above.
We will instruct CBP to assess
antidumping duties on all appropriate
entries covered by this review if any
assessment rate calculated in the final
results of this review is above de
minimis. The final results of this review
shall be the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review and for future deposits of
estimated duties, where applicable. The
Department will assess duties only on
entries of subject merchandise (i.e.,
PRC-origin innerspring units).
sradovich on DSK3GMQ082PROD with NOTICES
the Assistant Secretary for Enforcement
and Compliance within 30 days of 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 parties intend to discuss.
Issues raised in the hearing will be
limited to those raised in the respective
case and rebuttal briefs. If a request for
a hearing is made, the Department
intends to hold the hearing at the U.S.
Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230, at a date and time to be
determined.10 Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
Unless extended, the Department
intends to issue the final results of this
administrative review, which will
include the results of our analysis of all
issues raised in the case briefs, within
120 days of publication of these
preliminary results in the Federal
Register, pursuant to section
751(a)(3)(A) of the Act.
Notification to Importers
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative 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 section
751(a)(2)(C) of the Act: (1) For Enchant
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 this
review period. 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.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213.
Dated: October 31, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
a. Facts Otherwise Available
i. Use of Facts Available
ii. Use of Adverse Facts Available
5. Recommendation
[FR Doc. 2016–26849 Filed 11–4–16; 8:45 am]
10 See
19 CFR 351.310(d).
11 See 19 CFR 351.212(b)(1).
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BILLING CODE 3510–DS–P
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78117
DEPARTMENT OF COMMERCE
International Trade Administration
[A–602–807, A–351–842, A–570–022, C–570–
023, A–560–828, C–560–829, A–471–807]
Certain Uncoated Paper From
Australia, Brazil, the People’s Republic
of China, Indonesia, and Portugal:
Initiation of Anti-Circumvention Inquiry
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request from
the United Steel, Paper and Forestry,
Rubber, Manufacturing, Energy, Allied
Industrial and Service Workers
International Union; Domtar
Corporation; Finch Paper LLC; P.H.
Glatfelter Company; and Packaging
Corporation of America (collectively,
the petitioners), the Department of
Commerce (the Department) is initiating
an anti-circumvention inquiry pursuant
to section 781(c) of the Tariff Act of
1930, as amended (the Act), to
determine under the minor alterations
provision whether uncoated paper with
a GE brightness of 83 +/¥ 1% (83 Bright
paper) is ‘‘altered in form or appearance
in minor respects’’ from in-scope
merchandise such that it may be
considered subject to the antidumping
(AD) and countervailing duty (CVD)
orders on certain uncoated paper.
DATES: Effective November 7, 2016.
FOR FURTHER INFORMATION CONTACT: Ross
Belliveau, AD/CVD Operations, Office
II, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–4952.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On March 3, 2016, the Department
issued AD orders on certain uncoated
paper from Australia, Brazil, the
People’s Republic of China (PRC),
Indonesia, and Portugal and CVD orders
on certain uncoated paper from the PRC
and Indonesia.1 On July 15, 2016, the
petitioners alleged that Asia Pulp and
Paper (APP), one of the major
1 See Certain Uncoated Paper From Australia,
Brazil, Indonesia, the People’s Republic of China,
and Portugal: Amended Final Affirmative
Antidumping Determinations for Brazil and
Indonesia and Antidumping Duty Orders; 81 FR
11174 (March 3, 2016) and Certain Uncoated Paper
from Indonesia and the People’s Republic of China:
Amended Final Affirmative Countervailing Duty
Determination and Countervailing Duty Order
(Indonesia) and Countervailing Duty Order
(People’s Republic of China); 81 FR 11187, (March
3, 2016) (collectively, the Orders).
E:\FR\FM\07NON1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 215 (Monday, November 7, 2016)]
[Notices]
[Pages 78116-78117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26849]
-----------------------------------------------------------------------
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;
2015-2016
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 (``innerspring units'') from the People's Republic of
China (``PRC''). The period of review (``POR'') is February 1, 2015,
through January 31, 2016. The Department preliminarily determines that
the sole respondent, Enchant Privilege Sdn Bhd (``Enchant Privilege''),
did not cooperate to the best of its ability and is, therefore, basing
its margin on adverse facts available (``AFA''). Interested parties are
invited to comment on these preliminary results.
FOR FURTHER INFORMATION CONTACT: Kenneth Hawkins, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-6491.
SUPPLEMENTARY INFORMATION:
Background
On February 19, 2009, the Department published an antidumping duty
order on innerspring units from the PRC (``the Order'').\1\ On February
29, 2016, Leggett & Platt, Inc. (``Petitioner'') submitted a request
for the Department to conduct an administrative review of the Order
that examines Enchant Privilege's exports of subject merchandise made
during the POR.\2\ On April 7, 2016, the Department published in the
Federal Register a notice of initiation of this administrative review
of the Order concerning Enchant Privilege's POR exports of subject
merchandise.3 4
---------------------------------------------------------------------------
\1\ See Uncovered Innerspring Units from the People's Republic
of China: Notice of Antidumping Duty Order, 74 FR 7661 (February 19,
2009).
\2\ See Request for Antidumping Administrative Review of the
Antidumping Duty Order on Uncovered Innerspring Units from the
People's Republic of China, dated February 29, 2016.
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 81 FR 20324 (April 7, 2016) (``Initiation
Notice'').
\4\ Enchant Privilege is located in Malaysia, a market economy
country. As a result, the Department is examining Enchant
Privilege's PRC-origin exports of subject merchandise for this
administrative review.
---------------------------------------------------------------------------
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. The
product is currently classified under subheading 9404.29.9010 and has
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.\5\
---------------------------------------------------------------------------
\5\ For a full description of the scope of the order, see the
Department Memorandum, ``Decision Memorandum for Preliminary Results
of 2015-2016 Antidumping Duty Administrative Review: Uncovered
Innerspring Units from the People's Republic of China,'' dated
concurrently with and hereby adopted by this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Methodology
The Department is conducting this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (``the Act''). With
respect to Enchant Privilege, we relied on facts available and, because
Enchant Privilege did not act to the best of its ability to respond to
the Department's requests for information, we drew an adverse inference
in selecting from among the facts otherwise available.\6\
---------------------------------------------------------------------------
\6\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
For a full description of the methodology underlying our
conclusions, please see the Preliminary Decision Memorandum. The
Preliminary Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (``ACCESS'').
ACCESS is available to registered users at https://access.trade.gov and
in the Central Records Unit, room 7046 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://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum
and the electronic versions of the Preliminary Decision Memorandum are
identical in content.
Preliminary Results of Review
The Department preliminarily determines that a dumping margin of
234.51 percent exists for Enchant Privilege for the period February 1,
2015, through January 31, 2016.
Public Comment
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit
case briefs not later than 30 days after the date of publication of
this notice in the Federal Register. 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.\7\ 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.\8\ Case and rebuttal briefs
should be filed using ACCESS.\9\
---------------------------------------------------------------------------
\7\ See 19 CFR 351.309(d)(1).
\8\ See 19 CFR 351.309(c)(2) and (d)(2).
\9\ See 19 CFR 351.303.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to
[[Page 78117]]
the Assistant Secretary for Enforcement and Compliance within 30 days
of 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 parties intend to discuss.
Issues raised in the hearing will be limited to those raised in the
respective case and rebuttal briefs. If a request for a hearing is
made, the Department intends to hold the hearing at the U.S. Department
of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a
date and time to be determined.\10\ Parties should confirm by telephone
the date, time, and location of the hearing two days before the
scheduled date.
---------------------------------------------------------------------------
\10\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
Unless extended, the Department intends to issue the final results
of this administrative review, which will include the results of our
analysis of all issues raised in the case briefs, within 120 days of
publication of these preliminary results in the Federal Register,
pursuant to section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, the Department will determine,
and U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review.\11\ The
Department intends to issue assessment instructions to CBP 15 days
after the publication date of the final results of this review. We will
instruct CBP to assess duties at the ad valorem margin rate published
above. We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review if any assessment rate
calculated in the final results of this review is above de minimis. The
final results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated duties,
where applicable. The Department will assess duties only on entries of
subject merchandise (i.e., PRC-origin innerspring units).
---------------------------------------------------------------------------
\11\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative 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 section 751(a)(2)(C) of the Act: (1) For Enchant Privilege,
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) and the Department will collect cash deposits
only on Enchant Privilege's PRC-origin merchandise; (2) for previously
investigated or reviewed PRC and non-PRC exporters not listed above
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 published for the most recently completed period; (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 the PRC-wide
rate 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. 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 this review period. 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.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.
Dated: October 31, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
a. Facts Otherwise Available
i. Use of Facts Available
ii. Use of Adverse Facts Available
5. Recommendation
[FR Doc. 2016-26849 Filed 11-4-16; 8:45 am]
BILLING CODE 3510-DS-P
