Uncovered Innerspring Units From the People's Republic of China: Preliminary Affirmative Determination of Circumvention of the Antidumping Duty Order, 42254-42256 [2018-17784]

Download as PDF 42254 Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Notices LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION OF ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT ASSISTANCE [08/01/2018 through 08/07/2018] Date accepted for investigation Firm name Firm address Manufacturing Technology, Inc ...... 1702 West Washington Street, South Bend, IN 46628. 2901 Maury Street, Richmond, VA 23224. Bryce D. Jewett Machine Manufacturing Company, Inc. d/b/a Jewett Machine Manufacturing Company, Inc. Mountain Machine Works .............. Accessory Match, Inc ..................... 2589 Hotel Road, Auburn, ME 04210. 600 West Maple Street, Waterloo, IN 46793. Any party having a substantial interest in these proceedings may request a public hearing on the matter. A written request for a hearing must be submitted to the Trade Adjustment Assistance Division, Room 71030, Economic Development Administration, U.S. Department of Commerce, Washington, DC 20230, no later than ten (10) calendar days following publication of this notice. These petitions are received pursuant to section 251 of the Trade Act of 1974, as amended. Please follow the requirements set forth in EDA’s regulations at 13 CFR 315.9 for procedures to request a public hearing. The Catalog of Federal Domestic Assistance official number and title for the program under which these petitions are submitted is 11.313, Trade Adjustment Assistance for Firms. Irette Patterson, Program Analyst. [FR Doc. 2018–17940 Filed 8–20–18; 8:45 am] BILLING CODE 3510–WH–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–928] Uncovered Innerspring Units From the People’s Republic of China: Preliminary Affirmative Determination of Circumvention of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce SUMMARY: The Department of Commerce (Commerce) preliminarily determines that imports of uncovered innerspring units (innersprings) into the United States exported from Macau, which were assembled or completed in Macau by the Macao Commercial Group using sradovich on DSK3GMQ082PROD with NOTICES AGENCY: VerDate Sep<11>2014 17:31 Aug 20, 2018 Jkt 244001 8/3/2018 8/3/2018 8/3/2018 8/3/2018 Product(s) The firm manufactures friction welding machinery and provides friction welding services. The firm manufactures precision machined parts of various materials, including steel, aluminum, brass, plastic, and composite materials. The firm manufactures precision machined parts, mandrels, and rebar bending machines. The firm manufactures trim items for wooden kitchen cabinets, including moldings, corbels, valences, and crown moldings. materials sourced from the People’s Republic of China (China), are circumventing the antidumping duty (AD) order on innersprings from China. DATES: Applicable August 21, 2018. FOR FURTHER INFORMATION CONTACT: Matthew Renkey AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2312. SUPPLEMENTARY INFORMATION: Background On December 31, 2007, Leggett and Platt, Incorporated (the petitioner) filed a petition seeking imposition of antidumping duties on imports of uncovered innerspring units from, among other countries, China.1 Following the completion of investigations by Commerce and the U.S. International Trade Commission (ITC), Commerce issued an antidumping duty order on innersprings from China.2 In the sixth administrative review of the Order,3 the petitioner requested that Commerce review Macao Commercial and Industrial Spring Mattress Manufacturer (Macao Commercial) and East Grace Corporation. Commerce initiated the review on April 3, 2015,4 and sent questionnaires to both of the respondents under review. During the course of the sixth administrative 1 See Uncovered Innerspring Units from the People’s Republic of China, South Africa, and the Socialist Republic of Vietnam: Initiation of Antidumping Duty Investigations, 73 FR 4817 (January 28, 2008). 2 See Uncovered Innerspring Units from the People’s Republic of China: Notice of Antidumping Duty Order, 74 FR 7661 (February 19, 2009) (Order). 3 The sixth administrative review covered the period of review (POR) February 1, 2014, through January 31, 2015. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 80 FR 18202, 18212 (April 3, 2015). 4 Id. PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 review, and in response to Commerce’s original and supplemental questionnaires, Macao Commercial acknowledged that it imports innerspring unit components from China for use in the production of innerspring units in Macau, but that it had no shipments of completed innerspring units from China to the United States.5 In the final results, Commerce found that Macao Commercial failed to demonstrate that it had no shipments of Chinese-origin innersprings, and assigned a rate to Macao Commercial using facts available with an adverse inference. Commerce stated that this determination applied only with respect to Macao Commercial’s Chinese-origin subject merchandise, but explained that it intended to evaluate whether selfinitiation of a circumvention inquiry would be warranted based upon information submitted during the review and in light of Commerce’s prior circumvention findings in this proceeding.6 Commerce self-initiated an anticircumvention inquiry pursuant to section 781(b) of the Tariff Act of 1930, as amended, (the Act) and 19 CFR 351.225(h) to determine whether innersprings produced by Macao Commercial in Macao from materials 5 See, e.g., Memorandum to the File ‘‘Factual Information from the Sixth Administrative Review,’’ dated November 22, 2016 (AR6 Factual Information Memo), at Attachment 1, Macao Commercial’s July 21, 2016 Supplemental Response. In the AR6 Final Results, we found that ‘‘Macao Commercial submitted . . . an invoice for not just raw materials but PRC-origin innerspring components from Company X.’’ See Uncovered Innerspring Units from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2014–2015, 81 FR 62729 (September 12, 2016) (AR6 Final Results), and accompanying Issues and Decision Memorandum at Comment 1. 6 See AR6 Final Results, and accompanying Issues and Decision Memorandum at Comment 1. E:\FR\FM\21AUN1.SGM 21AUN1 Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Notices originating in China and exported to the United States from Macao are circumventing the Order.7 For a complete description of the events that followed the initiation of this inquiry, see the Preliminary Decision Memorandum.8 A list of topics included in the Preliminary Decision Memorandum is included as Appendix I to this notice. 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 to all parties in the Central Records Unit, Room B8024 of the main Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https:// enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content. Affiliation and Collapsing As explained further in the Preliminary Decision Memorandum, we find, based on the record evidence, that Macao Commercial is affiliated, pursuant to sections 771(33)(A), (E) and (F), of the Act, with Tai Wa Machinery, Tai Wa Commercial, Wa Cheong Hong, and Heshan Tai Hua Jian Ye Machinery Co., Ltd. Further, based on Macao Commercial’s own statements and record evidence, we find that, pursuant to 19 CFR 351.401(f), these companies should be treated as a single entity, the Macao Commercial Group. Scope of the Order The products covered by the Order are uncovered innerspring units. For a complete description of the scope of the Order, see the Preliminary Decision Memorandum. sradovich on DSK3GMQ082PROD with NOTICES Scope of the Anti-Circumvention Inquiry The products covered by this inquiry are innersprings that are manufactured in Macau by the Macao Commercial Group with Chinese-origin components and materials and are then subsequently exported from Macau to the United States. 7 See Uncovered Innerspring Units from the People’s Republic China: Initiation of Anticircumvention Inquiry on Antidumping Duty Order, 81 FR 83801 (November 22, 2016). 8 See Preliminary Decision Memorandum for the Anti-circumvention Inquiry of the Antidumping Duty Order on Uncovered Innerspring Units from the People’s Republic of China, dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). VerDate Sep<11>2014 17:31 Aug 20, 2018 Jkt 244001 42255 Methodology Public Comment Commerce is conducting this anticircumvention inquiry in accordance with section 781(b) of the Act. For a full description of the methodology underlying the Commerce’s preliminary determination, see the Preliminary Decision Memorandum. Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than 14 days after the publication of this preliminary determination in the Federal Register, unless the Secretary alters the time limit. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.10 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this anti-circumvention inquiry 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. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party’s name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Preliminary Finding As detailed in the Preliminary Decision Memorandum, we preliminarily determine that innersprings exported from Macau, which were manufactured in Macau by the Macao Commercial Group using components and/or materials from China, are circumventing the Order. Therefore, we preliminarily determine that it is appropriate to include this merchandise within the Order and to instruct U.S. Customs and Border Protection (CBP) to suspend any entries of innersprings from Macau, which were manufactured in Macau by the Macao Commercial Group using components and/or materials from China. Suspension of Liquidation As stated above, Commerce has made a preliminary affirmative finding of circumvention of the Order by exports to the United States of innersprings exported from Macau, which were manufactured in Macau by the Macao Commercial Group using components and/or materials from China. In accordance with section 19 CFR 351.225(l)(2), Commerce will direct CBP to suspend liquidation and to require a cash deposit of estimated duties on unliquidated entries of innersprings assembled or completed in Macau from Chinese-origin components or materials that were entered, or withdrawn from warehouse, for consumption on or after November 22, 2016, the date of initiation of the anti-circumvention inquiry. The suspension of liquidation instructions will remain in effect until further notice. Commerce will instruct CBP to require AD cash deposits equal to the China-wide rate of 234.51 percent, unless the importer/exporter can demonstrate to CBP that the Chinese-origin innersprings assembled or completed in Macau by the Macao Commercial Group were supplied by a Chinese manufacturer with a separate rate. In that instance, the cash deposit rate will be the rate of the Chinese innersprings manufacturer that has its own rate.9 9 See Glycine from the People’s Republic of China: Preliminary Partial Affirmative Determination of Circumvention of the PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 ITC Notification Commerce, consistent with section 781(e)(1)(B) of the Act and 19 CFR 351.225(f)(7)(i)(B), has notified the ITC of this preliminary determination to include the merchandise subject to this anti-circumvention inquiry within the scope of the Order. Pursuant to section 781(e)(2) of the Act, the ITC may request consultations concerning Commerce’s proposed inclusion of the merchandise. If, after consultations, the ITC believes that a significant injury issue is presented by the proposed inclusion, it will have 60 days from the date of notification by Commerce to provide written advice.11 Antidumping Duty Order and Initiation of Scope Inquiry, 77 FR 21532, 21535 (April 10, 2012). 10 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). 11 See section 781(e)(3) of the Act. E:\FR\FM\21AUN1.SGM 21AUN1 42256 Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Notices Notification to Interested Parties This determination is issued and published in accordance with section 781(b) of the Act and 19 CFR 351.225(f). Dated: August 9, 2018. James Maeder, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations performing the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Appendix I—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Scope of the Anti-circumvention Inquiry V. Period of Anticircumvention Inquiry VI. Affiliation and Collapsing VII. Statutory Framework VIII. Application of Adverse Facts Available With an Adverse Inference IX. Statutory Analysis X. Recommendation [FR Doc. 2018–17784 Filed 8–20–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [Docket No.: 180719677–8677–01] Call for Applications for the International Buyer Program Quarters 2 and 3 Calendar Year 2019 Industry and Analysis, International Trade Administration, Department of Commerce. ACTION: Notice and call for applications. AGENCY: In this notice, the U.S. Department of Commerce (DOC) International Trade Administration (ITA) announces that it will accept applications for the International Buyer Program (IBP) for quarters 2 and 3 of calendar year 2019 (April 1, 2019, through September 30, 2019). The IBP is currently undergoing a program review that may result in new ITA products and services for trade shows and it will take ITA some time to implement the recommended changes. Therefore, IBP is only moving forward with the current program until September 30, 2019. Should the program review result in new ITA products and services for trade shows, they will be announced separately in the Federal Register. This announcement also sets out the objectives, procedures and application review criteria for the IBP. The purpose of the IBP is to bring international buyers together with U.S. firms in industries with high export potential at leading U.S. trade shows. Specifically, sradovich on DSK3GMQ082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:31 Aug 20, 2018 Jkt 244001 through the IBP, the ITA selects domestic trade shows which will receive ITA services in the form of global promotion in foreign markets, recruitment of foreign buyers, and provision of export counseling to exhibitors at the trade show. This notice covers selection for IBP participation during quarters 2 and 3 of calendar year 2019. DATES: Applications for the IBP for quarters 2 and 3 of calendar year 2019 must be received by October 5, 2018. ADDRESSES: The application form can be found at www.export.gov/ibp. Applications may be submitted by any of the following methods: (1) Mail/Hand (including express) Delivery Service: International Buyer Program, Trade Promotion Programs, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Ave. NW, Mailstop 52024, Washington, DC 20230; or (2) email: IBP2019@trade.gov. Email applications will be accepted as interim applications, but must be followed by a signed original application that is received by the program no later than five (5) business days after the application deadline. To ensure that applications are received by the deadline, applicants are strongly urged to send applications by express delivery service (e.g., U.S. Postal Service Express Delivery, Federal Express, UPS, etc.). FOR FURTHER INFORMATION CONTACT: Vidya Desai, Senior Advisor for Trade Events, Trade Promotion Programs, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Ave. NW, Washington, DC 20230; Telephone (202) 482–2311; Email: IBP2019@trade.gov. SUPPLEMENTARY INFORMATION: The IBP was established in the Omnibus Trade and Competitiveness Act of 1988 (Pub. L. 100–418, title II, § 2304, codified at 15 U.S.C. 4724) to bring international buyers together with U.S. firms by promoting leading U.S. trade shows in industries with high export potential. The IBP emphasizes cooperation between the DOC and trade show organizers to benefit U.S. firms exhibiting at selected shows and provides practical, hands-on assistance such as export counseling and market analysis to U.S. companies interested in exporting. Shows selected for the IBP will provide a venue for U.S. companies interested in expanding their sales into international markets. Through the IBP, ITA selects U.S. trade shows, with participation by U.S. firms interested in exporting, that ITA determines to be leading international trade shows, for promotion in overseas PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 markets by U.S. Embassies and Consulates. The DOC is authorized to provide successful applicants with services in the form of overseas promotion of the show; outreach to show participants about exporting; recruitment of potential buyers to attend the events; and staff assistance in setting up international trade centers at the shows. Worldwide promotion is executed through ITA offices at U.S. Embassies and Consulates in more than 70 countries representing the United States’ major trading partners, and also in Embassies in countries where ITA does not maintain offices. ITA is accepting applications from trade show organizers for the IBP for trade shows taking place between April 1, 2019, and September 30, 2019. Selection of a trade show is valid for one show, i.e., a trade show organizer seeking selection for a recurring show must submit a new application for selection for each occurrence of the show. For shows that occur more than once in a calendar year, the trade show organizer must submit a separate application for each show. For the IBP in quarters 2 and 3 of calendar year 2019, the ITA expects to select approximately 8 shows from among the applicants. The ITA will select those shows that are determined to most clearly meet the statutory mandate in 15 U.S.C. 4721 to promote U.S. exports, especially those of smalland medium-sized enterprises, and the selection criteria articulated below. There is no fee required to submit an application. If accepted into the program for quarter 2 or 3 of calendar year 2019, a participation fee of $9,800 is required for shows of five days or fewer. For trade shows more than five days in duration, or requiring more than one International Trade Center, a participation fee of $15,000 is required. For trade shows ten days or more in duration, and/or requiring more than two International Trade Centers, the participation fee will be determined by DOC and stated in the written notification of acceptance calculated on a full cost recovery basis. Successful applicants will be required to enter into a Memorandum of Agreement (MOA) with ITA within 10 days of written notification of acceptance into the program. The participation fee (by check or credit card) is due within 30 days of written notification of acceptance into the program. The MOA constitutes an agreement between ITA and the show organizer specifying which responsibilities for international promotion and export assistance services at the trade shows are to be undertaken by ITA as part of E:\FR\FM\21AUN1.SGM 21AUN1

Agencies

[Federal Register Volume 83, Number 162 (Tuesday, August 21, 2018)]
[Notices]
[Pages 42254-42256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17784]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-928]


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

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that imports of uncovered innerspring units (innersprings) into the 
United States exported from Macau, which were assembled or completed in 
Macau by the Macao Commercial Group using materials sourced from the 
People's Republic of China (China), are circumventing the antidumping 
duty (AD) order on innersprings from China.

DATES: Applicable August 21, 2018.

FOR FURTHER INFORMATION CONTACT: Matthew Renkey AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2312.

SUPPLEMENTARY INFORMATION: 

Background

    On December 31, 2007, Leggett and Platt, Incorporated (the 
petitioner) filed a petition seeking imposition of antidumping duties 
on imports of uncovered innerspring units from, among other countries, 
China.\1\ Following the completion of investigations by Commerce and 
the U.S. International Trade Commission (ITC), Commerce issued an 
antidumping duty order on innersprings from China.\2\
---------------------------------------------------------------------------

    \1\ See Uncovered Innerspring Units from the People's Republic 
of China, South Africa, and the Socialist Republic of Vietnam: 
Initiation of Antidumping Duty Investigations, 73 FR 4817 (January 
28, 2008).
    \2\ See Uncovered Innerspring Units from the People's Republic 
of China: Notice of Antidumping Duty Order, 74 FR 7661 (February 19, 
2009) (Order).
---------------------------------------------------------------------------

    In the sixth administrative review of the Order,\3\ the petitioner 
requested that Commerce review Macao Commercial and Industrial Spring 
Mattress Manufacturer (Macao Commercial) and East Grace Corporation. 
Commerce initiated the review on April 3, 2015,\4\ and sent 
questionnaires to both of the respondents under review. During the 
course of the sixth administrative review, and in response to 
Commerce's original and supplemental questionnaires, Macao Commercial 
acknowledged that it imports innerspring unit components from China for 
use in the production of innerspring units in Macau, but that it had no 
shipments of completed innerspring units from China to the United 
States.\5\ In the final results, Commerce found that Macao Commercial 
failed to demonstrate that it had no shipments of Chinese-origin 
innersprings, and assigned a rate to Macao Commercial using facts 
available with an adverse inference. Commerce stated that this 
determination applied only with respect to Macao Commercial's Chinese-
origin subject merchandise, but explained that it intended to evaluate 
whether self-initiation of a circumvention inquiry would be warranted 
based upon information submitted during the review and in light of 
Commerce's prior circumvention findings in this proceeding.\6\
---------------------------------------------------------------------------

    \3\ The sixth administrative review covered the period of review 
(POR) February 1, 2014, through January 31, 2015. See Initiation of 
Antidumping and Countervailing Duty Administrative Reviews, 80 FR 
18202, 18212 (April 3, 2015).
    \4\ Id.
    \5\ See, e.g., Memorandum to the File ``Factual Information from 
the Sixth Administrative Review,'' dated November 22, 2016 (AR6 
Factual Information Memo), at Attachment 1, Macao Commercial's July 
21, 2016 Supplemental Response. In the AR6 Final Results, we found 
that ``Macao Commercial submitted . . . an invoice for not just raw 
materials but PRC-origin innerspring components from Company X.'' 
See Uncovered Innerspring Units from the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review; 2014-2015, 
81 FR 62729 (September 12, 2016) (AR6 Final Results), and 
accompanying Issues and Decision Memorandum at Comment 1.
    \6\ See AR6 Final Results, and accompanying Issues and Decision 
Memorandum at Comment 1.
---------------------------------------------------------------------------

    Commerce self-initiated an anti-circumvention inquiry pursuant to 
section 781(b) of the Tariff Act of 1930, as amended, (the Act) and 19 
CFR 351.225(h) to determine whether innersprings produced by Macao 
Commercial in Macao from materials

[[Page 42255]]

originating in China and exported to the United States from Macao are 
circumventing the Order.\7\ For a complete description of the events 
that followed the initiation of this inquiry, see the Preliminary 
Decision Memorandum.\8\ A list of topics included in the Preliminary 
Decision Memorandum is included as Appendix I to this notice. 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 to all parties in the Central Records Unit, Room B8024 of the main 
Commerce building. In addition, a complete version of the Preliminary 
Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and the electronic versions of 
the Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \7\ See Uncovered Innerspring Units from the People's Republic 
China: Initiation of Anticircumvention Inquiry on Antidumping Duty 
Order, 81 FR 83801 (November 22, 2016).
    \8\ See Preliminary Decision Memorandum for the Anti-
circumvention Inquiry of the Antidumping Duty Order on Uncovered 
Innerspring Units from the People's Republic of China, dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
---------------------------------------------------------------------------

Affiliation and Collapsing

    As explained further in the Preliminary Decision Memorandum, we 
find, based on the record evidence, that Macao Commercial is 
affiliated, pursuant to sections 771(33)(A), (E) and (F), of the Act, 
with Tai Wa Machinery, Tai Wa Commercial, Wa Cheong Hong, and Heshan 
Tai Hua Jian Ye Machinery Co., Ltd. Further, based on Macao 
Commercial's own statements and record evidence, we find that, pursuant 
to 19 CFR 351.401(f), these companies should be treated as a single 
entity, the Macao Commercial Group.

Scope of the Order

    The products covered by the Order are uncovered innerspring units. 
For a complete description of the scope of the Order, see the 
Preliminary Decision Memorandum.

Scope of the Anti-Circumvention Inquiry

    The products covered by this inquiry are innersprings that are 
manufactured in Macau by the Macao Commercial Group with Chinese-origin 
components and materials and are then subsequently exported from Macau 
to the United States.

Methodology

    Commerce is conducting this anti-circumvention inquiry in 
accordance with section 781(b) of the Act. For a full description of 
the methodology underlying the Commerce's preliminary determination, 
see the Preliminary Decision Memorandum.

Preliminary Finding

    As detailed in the Preliminary Decision Memorandum, we 
preliminarily determine that innersprings exported from Macau, which 
were manufactured in Macau by the Macao Commercial Group using 
components and/or materials from China, are circumventing the Order. 
Therefore, we preliminarily determine that it is appropriate to include 
this merchandise within the Order and to instruct U.S. Customs and 
Border Protection (CBP) to suspend any entries of innersprings from 
Macau, which were manufactured in Macau by the Macao Commercial Group 
using components and/or materials from China.

Suspension of Liquidation

    As stated above, Commerce has made a preliminary affirmative 
finding of circumvention of the Order by exports to the United States 
of innersprings exported from Macau, which were manufactured in Macau 
by the Macao Commercial Group using components and/or materials from 
China. In accordance with section 19 CFR 351.225(l)(2), Commerce will 
direct CBP to suspend liquidation and to require a cash deposit of 
estimated duties on unliquidated entries of innersprings assembled or 
completed in Macau from Chinese-origin components or materials that 
were entered, or withdrawn from warehouse, for consumption on or after 
November 22, 2016, the date of initiation of the anti-circumvention 
inquiry.
    The suspension of liquidation instructions will remain in effect 
until further notice. Commerce will instruct CBP to require AD cash 
deposits equal to the China-wide rate of 234.51 percent, unless the 
importer/exporter can demonstrate to CBP that the Chinese-origin 
innersprings assembled or completed in Macau by the Macao Commercial 
Group were supplied by a Chinese manufacturer with a separate rate. In 
that instance, the cash deposit rate will be the rate of the Chinese 
innersprings manufacturer that has its own rate.\9\
---------------------------------------------------------------------------

    \9\ See Glycine from the People's Republic of China: Preliminary 
Partial Affirmative Determination of Circumvention of the 
Antidumping Duty Order and Initiation of Scope Inquiry, 77 FR 21532, 
21535 (April 10, 2012).
---------------------------------------------------------------------------

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than 14 
days after the publication of this preliminary determination in the 
Federal Register, unless the Secretary alters the time limit. Rebuttal 
briefs, limited to issues raised in case briefs, may be submitted no 
later than five days after the deadline date for case briefs.\10\ 
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case 
briefs or rebuttal briefs in this anti-circumvention inquiry 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.
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time 
and date to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.

ITC Notification

    Commerce, consistent with section 781(e)(1)(B) of the Act and 19 
CFR 351.225(f)(7)(i)(B), has notified the ITC of this preliminary 
determination to include the merchandise subject to this anti-
circumvention inquiry within the scope of the Order. Pursuant to 
section 781(e)(2) of the Act, the ITC may request consultations 
concerning Commerce's proposed inclusion of the merchandise. If, after 
consultations, the ITC believes that a significant injury issue is 
presented by the proposed inclusion, it will have 60 days from the date 
of notification by Commerce to provide written advice.\11\
---------------------------------------------------------------------------

    \11\ See section 781(e)(3) of the Act.

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[[Page 42256]]

Notification to Interested Parties

    This determination is issued and published in accordance with 
section 781(b) of the Act and 19 CFR 351.225(f).

    Dated: August 9, 2018.
James Maeder,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations performing the duties of Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations.

Appendix I--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Scope of the Anti-circumvention Inquiry
V. Period of Anticircumvention Inquiry
VI. Affiliation and Collapsing
VII. Statutory Framework
VIII. Application of Adverse Facts Available With an Adverse 
Inference
IX. Statutory Analysis
X. Recommendation

[FR Doc. 2018-17784 Filed 8-20-18; 8:45 am]
 BILLING CODE 3510-DS-P

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