Uncovered Innerspring Units From the People's Republic of China: Preliminary Results and Rescission, in Part, of the Antidumping Duty Administrative Review; 2016-2017, 51602-51604 [2017-24199]
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51602
Federal Register / Vol. 82, No. 214 / Tuesday, November 7, 2017 / Notices
ACCESS, by 5:00 p.m. Eastern Time on
the date that the document is due.
Interested parties who wish to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce, using
Enforcement and Compliance’s ACCESS
system within 30 days of publication of
this notice.11 Requests should contain
(1) the party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of the issues
to be discussed. Issues raised in the
hearing will be limited to those raised
in the respective case briefs.
Unless the deadline is extended
pursuant to section 751(a)(2)(B)(iv) of
the Tariff Act of 1930 (the Act) and 19
CFR 351.213(h)(2), the Department
intends to issue the final results of this
administrative review, including the
results of our analysis of the issues
raised by the parties in their case and
rebuttal briefs, within 120 days after the
publication of these preliminary results,
pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h)(1).
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Assessment of Antidumping Duties
We are rescinding this review for
ASSL; in accordance with Department
practice, we will instruct CBP to assess
antidumping duties at the rates equal to
the cash deposit of estimated
antidumping duties required at the time
of entry, or withdrawal from warehouse
for consumption, in accordance with 19
CFR 351.212(c)(1)(i).
Upon issuance of the final results of
this review, in accordance with the
Department’s practice, for entries of
subject merchandise during the POR for
which Ambica or Bhansali did not know
that the merchandise was destined for
the United States, we will instruct CBP
to liquidate such entries at the all-others
rate if there is no rate for the
intermediate company(ies) involved in
the transaction. We intend to issue
instructions to CBP 15 days after the
publication date of the final results of
this review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for Ambica and
Bhansali will remain unchanged from
the rate assigned to each company in the
completed segment for the most recent
11 See
19 CFR 351.310(c).
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period for each company; (2) for other
producers and exporters covered in a
prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
completed segment for the most recent
period of this proceeding in which that
producer or exporter participated; (3) if
the exporter is not a firm covered in this
review, a prior review, or the original
investigation, but the producer is, then
the cash deposit rate will be the rate
established for the completed segment
for the most recent period of this
proceeding for the producer of subject
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 12.45 percent, the
all-others rate established in the
investigation.12 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice 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
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
preliminary results of administrative
review in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: October 31, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2017–24172 Filed 11–6–17; 8:45 am]
BILLING CODE 3510–DS–P
12 See Notice of Final Determination of Sales at
Less Than Fair Value: Stainless Steel Bar from
India, 59 FR 66915, 66921 (December 28, 1994).
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–928]
Uncovered Innerspring Units From the
People’s Republic of China:
Preliminary Results and Rescission, in
Part, of the Antidumping Duty
Administrative Review; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
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, 2016, through January 31,
2017. The Department preliminarily
determines that PT Sunhere Buana
International (PT Sunhere) failed to
cooperate to the best of its ability and
is, therefore, basing its margin on facts
otherwise available with an adverse
inference (AFA). The Department is also
rescinding the administrative review
with respect to Jietai Machinery Ltd.
(HK) (Jietai Machinery). Interested
parties are invited to comment on these
preliminary results.
SUMMARY:
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 28, 2017, Leggett
& Platt, Inc. (the petitioner) submitted a
request for the Department to conduct
an administrative review of the Order
that examines Jietai Machinery and PT
Sunhere’s exports of subject
merchandise made during the POR.2 On
April 10, 2016, the Department
published in the Federal Register a
notice of initiation of this administrative
review of the Order concerning Jietai
Machinery and PT Sunhere’s POR
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 Uncovered Innerspring Units from the
People’s Republic of China: Request for
Antidumping Administrative Review, dated
February 28, 2017.
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Federal Register / Vol. 82, No. 214 / Tuesday, November 7, 2017 / Notices
exports of subject merchandise.3 4 On
May 1, 2017 the Department issued its
questionnaire to Jietai Machinery and
PT Sunhere.5 The Department’s
questionnaire to Jietai Machinery was
returned as undeliverable.6 The
Department confirmed delivery of its
questionnaire to PT Sunhere.7 On
September 6, 2017, based on guidance
from U.S. Customs and Border
Protection (CBP), we added harmonized
tariff schedule (HTS) number
7326.20.0090 to the Scope of the Order.8
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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,
7326.20.0090, 7320.20.5010,
7320.90.5010, or 7326.20.0071 of the
Harmonized Tariff Schedule of the
United States (HTSUS).9 The HTSUS
subheadings are provided for
convenience and customs purposes
only; the written description of the
scope of the order is dispositive.10
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 82 FR
17188 (April 10, 2017) (Initiation Notice).
4 PT Sunhere is located in Indonesia, a market
economy country. The Department is examining PT
Sunhere’s exports of subject merchandise for this
administrative review.
5 See the Department’s Letter to Jietai Machinery,
dated May 1, 2017; see also, the Department’s Letter
to PT Sunhere, dated May 1, 2017 (Questionnaires).
6 See Memorandum to the File, re: ‘‘Antidumping
Duty Administrative Questionnaire Not Delivered,’’
dated August 2, 2017.
7 See Memorandum to the File, re: 2016–2017
Administrative Review of Uncovered Innerspring
Units from the People’s Republic of China: Delivery
Notification of Antidumping Duty Questionnaire to
PT Sunhere Buana International, dated August 15,
2017.
8 See Memorandum to the File, through Paul
Walker, Program Manager, Antidumping and
Countervailing Duty Operations, Office V, from
Kenneth Hawkins, Case Analyst, Antidumping and
Countervailing Duty Operations, Office V, re:
‘‘Uncovered Innersprings from the People’s
Republic of China (A–570–928) and South Africa
(A–791–821,’’ dated September 6, 2017 (Additional
HTS Memo).
9 On September 6, 2017, the Department added
HTS 7326.20.0090 to the scope based on a request
from CBP. See Additional HTS Memo.
10 For a full description of the scope of the order,
see the Department Memorandum, ‘‘Decision
Memorandum for Preliminary Results of 2016–2017
Antidumping Duty Administrative Review:
Uncovered Innerspring Units from the People’s
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Methodology
Public Comment 13
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 PT
Sunhere, we relied on facts available
and, because PT Sunhere 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.11
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 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://
enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and
the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
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.14 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.15 Case and rebuttal
briefs should be filed using ACCESS.16
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance 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.17 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.
Partial Rescission of Administrative
Review
The Department issued its
questionnaire to Jietai Machinery but
the questionnaire was returned as
undeliverable. Despite our request to the
petitioner, we received no alternative
addresses for Jietai Machinery.
Accordingly, consistent with the
Department’s practice in similar
circumstances,12 the Department is
rescinding the administrative review
with respect to Jietai Machinery.
Preliminary Results of Review
The Department preliminarily
determines that a dumping margin of
234.51 percent exists for PT Sunhere for
the period February 1, 2016, through
January 31, 2017.
Republic of China,’’ dated concurrently with and
hereby adopted by this notice (Preliminary Decision
Memorandum).
11 See sections 776(a) and (b) of the Act.
12 See, e.g., Certain Frozen Warmwater Shrimp
from Thailand; Partial Rescission of Antidumping
Duty Administrative Review, 72 FR 50931
(September 5, 2007).
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Assessment Rates
As noted above, we are rescinding the
review with respect to Jietai Machinery.
As such, the Department intends to
issue appropriate assessment
instructions to U.S. Customs and Border
Protection (CBP) 15 days after the date
of publication of this notice for Jietai
13 Normally, the Department discloses to
interested parties the calculations performed in
connection with the preliminary results 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 PT Sunhere did not participate
and its rate is based solely on AFA, there are no
calculations to disclose.
14 See 19 CFR 351.309(d)(1).
15 See 19 CFR 351.309(c)(2) and (d)(2).
16 See 19 CFR 351.303.
17 See 19 CFR 351.310(d).
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Federal Register / Vol. 82, No. 214 / Tuesday, November 7, 2017 / Notices
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Machinery. Antidumping duties shall be
assessed at rates equal to the cash
deposit of estimated antidumping duties
required at the time of entry, or
withdrawal from warehouse, for
consumption in accordance with 19
CFR 351.212(c)(1)(i).
Upon issuance of the final results, the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review.18 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 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.
Assessment of duties resulting from the
final results of this review will pertain
only to entries of subject merchandise
(i.e., innerspring units from the PRC).
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 of this notice, as
provided by section 751(a)(2)(C) of the
Act: (1) For PT Sunhere, 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 PT Sunhere’s PRCorigin merchandise; (2) for previously
investigated or reviewed PRC and nonPRC 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,
18 See
19 CFR 351.212(b)(1).
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17:29 Nov 06, 2017
Jkt 244001
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, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the 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. Partial Rescission of Administrative
Review
5. Discussion of the Methodology
a. Application of Facts Otherwise
Available
b. Use of Adverse Inference
c. Selection of the Adverse Facts Available
Rate
6. Recommendation
[FR Doc. 2017–24199 Filed 11–6–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–867]
Large Power Transformers From the
Republic of Korea: Final Results of the
Expedited First Sunset Review of the
Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this sunset
review, the Department of Commerce
(the Department) finds that revocation
of the antidumping duty order on large
power transformers (LPTs) from the
Republic of Korea (Korea) would be
likely to lead to continuation or
recurrence of dumping at the levels
AGENCY:
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indicated in the ‘‘Final Results of Sunset
Review’’ section of this notice.
DATES: Applicable November 7, 2017.
FOR FURTHER INFORMATION CONTACT:
Moses Song, AD/CVD Operations, Office
VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–5041.
SUPPLEMENTARY INFORMATION:
Background
On July 3, 2017, the Department
published the notice of initiation of the
first sunset review of the antidumping
duty order on LPTs from Korea,
pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the Act).1 On
July 18, 2017, the Department received
a notice of intent to participate in this
review from ABB Inc., (ABB) within the
deadline specified in 19 CFR
351.218(d)(1)(i). ABB claimed interested
party status under section 771(9)(C) of
the Act, as a manufacturer of a domestic
like product in the United States.
On August 2, 2017, we received a
complete substantive response for this
review from ABB within the 30-day
deadline specified in 19 CFR
351.218(d)(3)(i). We received no
substantive responses from any other
interested parties, nor was a hearing
requested. As a result, pursuant to
section 751(c)(3)(B) of the Act and 19
CFR 351.218(e)(1)(ii)(C)(2), the
Department conducted an expedited
(120-day) sunset review of the order.
Scope of the Order
The scope of this order covers large
liquid dielectric power transformers
(LPTs) having a top power handling
capacity greater than or equal to 60,000
kilovolt amperes (60 megavolt amperes),
whether assembled or unassembled,
complete or incomplete.
Incomplete LPTs are subassemblies
consisting of the active part and any
other parts attached to, imported with or
invoiced with the active parts of LPTs.
The ‘‘active part’’ of the transformer
consists of one or more of the following
when attached to or otherwise
assembled with one another: The steel
core or shell, the windings, electrical
insulation between the windings, the
mechanical frame for an LPT.
The product definition encompasses
all such LPTs regardless of name
designation, including but not limited to
step-up transformers, step-down
transformers, autotransformers,
interconnection transformers, voltage
regulator transformers, rectifier
1 See Initiation of Five-Year (‘‘Sunset’’) Reviews,
82 FR 30844 (July 3, 2017).
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Agencies
[Federal Register Volume 82, Number 214 (Tuesday, November 7, 2017)]
[Notices]
[Pages 51602-51604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24199]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-928]
Uncovered Innerspring Units From the People's Republic of China:
Preliminary Results and Rescission, in Part, of the Antidumping Duty
Administrative Review; 2016-2017
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, 2016, through
January 31, 2017. The Department preliminarily determines that PT
Sunhere Buana International (PT Sunhere) failed to cooperate to the
best of its ability and is, therefore, basing its margin on facts
otherwise available with an adverse inference (AFA). The Department is
also rescinding the administrative review with respect to Jietai
Machinery Ltd. (HK) (Jietai Machinery). 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 28,
2017, Leggett & Platt, Inc. (the petitioner) submitted a request for
the Department to conduct an administrative review of the Order that
examines Jietai Machinery and PT Sunhere's exports of subject
merchandise made during the POR.\2\ On April 10, 2016, the Department
published in the Federal Register a notice of initiation of this
administrative review of the Order concerning Jietai Machinery and PT
Sunhere's POR
[[Page 51603]]
exports of subject merchandise.3 4 On May 1, 2017 the
Department issued its questionnaire to Jietai Machinery and PT
Sunhere.\5\ The Department's questionnaire to Jietai Machinery was
returned as undeliverable.\6\ The Department confirmed delivery of its
questionnaire to PT Sunhere.\7\ On September 6, 2017, based on guidance
from U.S. Customs and Border Protection (CBP), we added harmonized
tariff schedule (HTS) number 7326.20.0090 to the Scope of the Order.\8\
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\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 Uncovered Innerspring Units from the People's Republic
of China: Request for Antidumping Administrative Review, dated
February 28, 2017.
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 82 FR 17188 (April 10, 2017) (Initiation
Notice).
\4\ PT Sunhere is located in Indonesia, a market economy
country. The Department is examining PT Sunhere's exports of subject
merchandise for this administrative review.
\5\ See the Department's Letter to Jietai Machinery, dated May
1, 2017; see also, the Department's Letter to PT Sunhere, dated May
1, 2017 (Questionnaires).
\6\ See Memorandum to the File, re: ``Antidumping Duty
Administrative Questionnaire Not Delivered,'' dated August 2, 2017.
\7\ See Memorandum to the File, re: 2016-2017 Administrative
Review of Uncovered Innerspring Units from the People's Republic of
China: Delivery Notification of Antidumping Duty Questionnaire to PT
Sunhere Buana International, dated August 15, 2017.
\8\ See Memorandum to the File, through Paul Walker, Program
Manager, Antidumping and Countervailing Duty Operations, Office V,
from Kenneth Hawkins, Case Analyst, Antidumping and Countervailing
Duty Operations, Office V, re: ``Uncovered Innersprings from the
People's Republic of China (A-570-928) and South Africa (A-791-
821,'' dated September 6, 2017 (Additional HTS Memo).
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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, 7326.20.0090, 7320.20.5010, 7320.90.5010,
or 7326.20.0071 of the Harmonized Tariff Schedule of the United States
(HTSUS).\9\ The HTSUS subheadings are provided for convenience and
customs purposes only; the written description of the scope of the
order is dispositive.\10\
---------------------------------------------------------------------------
\9\ On September 6, 2017, the Department added HTS 7326.20.0090
to the scope based on a request from CBP. See Additional HTS Memo.
\10\ For a full description of the scope of the order, see the
Department Memorandum, ``Decision Memorandum for Preliminary Results
of 2016-2017 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).
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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 PT Sunhere, we relied on facts available and, because PT
Sunhere 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.\11\
---------------------------------------------------------------------------
\11\ 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 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://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum
and the electronic versions of the Preliminary Decision Memorandum are
identical in content.
Partial Rescission of Administrative Review
The Department issued its questionnaire to Jietai Machinery but the
questionnaire was returned as undeliverable. Despite our request to the
petitioner, we received no alternative addresses for Jietai Machinery.
Accordingly, consistent with the Department's practice in similar
circumstances,\12\ the Department is rescinding the administrative
review with respect to Jietai Machinery.
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\12\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand;
Partial Rescission of Antidumping Duty Administrative Review, 72 FR
50931 (September 5, 2007).
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Preliminary Results of Review
The Department preliminarily determines that a dumping margin of
234.51 percent exists for PT Sunhere for the period February 1, 2016,
through January 31, 2017.
Public Comment 13
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\13\ Normally, the Department discloses to interested parties
the calculations performed in connection with the preliminary
results 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 PT Sunhere did not
participate and its rate is based solely on AFA, there are no
calculations to disclose.
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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.\14\ 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.\15\ Case and rebuttal briefs
should be filed using ACCESS.\16\
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\14\ See 19 CFR 351.309(d)(1).
\15\ See 19 CFR 351.309(c)(2) and (d)(2).
\16\ See 19 CFR 351.303.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance 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.\17\ Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
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\17\ See 19 CFR 351.310(d).
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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
As noted above, we are rescinding the review with respect to Jietai
Machinery. As such, the Department intends to issue appropriate
assessment instructions to U.S. Customs and Border Protection (CBP) 15
days after the date of publication of this notice for Jietai
[[Page 51604]]
Machinery. Antidumping duties shall be assessed at rates equal to the
cash deposit of estimated antidumping duties required at the time of
entry, or withdrawal from warehouse, for consumption in accordance with
19 CFR 351.212(c)(1)(i).
Upon issuance of the final results, the Department will determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by this review.\18\ 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 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. Assessment of duties resulting from the final
results of this review will pertain only to entries of subject
merchandise (i.e., innerspring units from the PRC).
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\18\ See 19 CFR 351.212(b)(1).
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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 of
this notice, as provided by section 751(a)(2)(C) of the Act: (1) For PT
Sunhere, 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 PT Sunhere'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, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
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. Partial Rescission of Administrative Review
5. Discussion of the Methodology
a. Application of Facts Otherwise Available
b. Use of Adverse Inference
c. Selection of the Adverse Facts Available Rate
6. Recommendation
[FR Doc. 2017-24199 Filed 11-6-17; 8:45 am]
BILLING CODE 3510-DS-P