Uncovered Innerspring Units From the People's Republic of China: Final Affirmative Determination of Circumvention of the Antidumping Duty Order, 65626-65627 [2018-27677]

Download as PDF 65626 Federal Register / Vol. 83, No. 245 / Friday, December 21, 2018 / Notices Facebook (www.facebook.com/ USCCRgov/). The public comment period is open to the public. The event will also livestream at https://www.youtube.com/ user/USCCR/videos. (Please note that streaming information is subject to change.) If attending in person, we ask that you RSVP to publicaffairs@ usccr.gov. Persons with disabilities who need accommodation should contact Pamela Dunston at 202–376–8105 or at access@usccr.gov at least seven (7) business days before the date of the meeting. Dated: December 19, 2018. Brian Walch, Director, Communications and Public Engagement. [FR Doc. 2018–27892 Filed 12–19–18; 4:15 pm] BILLING CODE 6335–01–P COMMISSION ON CIVIL RIGHTS Public Meeting of the Missouri Advisory Committee To Discuss Civil Rights Topics in the State U.S. Commission on Civil Rights. ACTION: Announcement of meeting. AGENCY: Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act that the Missouri Advisory Committee (Committee) will hold a meeting on Friday, January 11, 2019, at 3:00 p.m. (Central) for the purpose discussing civil rights topics in the state. DATES: The meeting will be held on Friday, January 11, 2019, at 3:00 p.m. (Central). ADDRESSES: Public Call Information: Dial: 888–256–1007, Conference ID: 4021474. FOR FURTHER INFORMATION CONTACT: David Barreras, DFO, at dbarreras@ usccr.gov or 312–353–8311. SUPPLEMENTARY INFORMATION: Members of the public can listen to the discussion. This meeting is available to the public through the following tollfree call-in number: 888–256–1007, conference ID: 4021474. Any interested member of the public may call this number and listen to the meeting. An open comment period will be provided to allow members of the public to make a statement as time allows. The conference call operator will ask callers to identify themselves, the organization they are affiliated with (if any), and an email address prior to placing callers into the conference room. Callers can amozie on DSK3GDR082PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 00:00 Dec 21, 2018 Jkt 247001 expect to incur regular charges for calls they initiate over wireless lines, according to their wireless plan. The Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over landline connections to the toll-free telephone number. Persons with hearing impairments may also follow the proceedings by first calling the Federal Relay Service at 1–800–977–8339 and providing the Service with the conference call number and conference ID number. Members of the public are also entitled to submit written comments; the comments must be received in the regional office within 30 days following the meeting. Written comments may be mailed to the Midwestern Regional Office, U.S. Commission on Civil Rights, 230 S Dearborn Street, Suite 2120, Chicago, IL 60604. They may also be faxed to the Commission at (312) 353– 8324 or emailed to David Barreras at dbarreras@usccr.gov. Persons who desire additional information may contact the Midwestern Regional Office at (312) 353–8311. Records generated from this meeting may be inspected and reproduced at the Midwestern Regional Office, as they become available, both before and after the meeting. Records of the meeting will be available via www.facadatabase.gov under the Commission on Civil Rights, Missouri Advisory Committee link (https://facadatabase.gov/committee/ committee.aspx?cid=258&aid=17). Persons interested in the work of this Committee are directed to the Commission’s website, https:// www.usccr.gov, or may contact the Midwestern Regional Office at the above email or street address. Agenda Welcome and Roll Call Discussion of Topics for Study Next Steps Public Comment Adjournment Dated: December 18, 2018. David Mussatt, Supervisory Chief, Regional Programs Unit. [FR Doc. 2018–27742 Filed 12–20–18; 8:45 am] BILLING CODE P PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [A–570–928] Uncovered Innerspring Units From the People’s Republic of China: Final Affirmative Determination of Circumvention of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that certain imports of uncovered innerspring units (innersprings) exported from Macau, using materials and/or components sourced from the People’s Republic of China (China), are circumventing the antidumping duty (AD) order on innersprings from China. DATES: Applicable December 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: AGENCY: Background On August 21, 2018, Commerce published the Preliminary Determination 1 of circumvention of the Order.2 A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum.3 The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and it is available to all parties in the Central Records Unit, Room B8024 of the main 1 See Uncovered Innerspring Units from the People’s Republic of China: Preliminary Affirmative Determination of Circumvention of the Antidumping Duty Order, 83 FR 42254 (August 21, 2018) (Preliminary Determination) and accompanying Preliminary Decision Memorandum and Preliminary Analysis Memorandum. 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 See Memorandum, ‘‘Issues and 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 (Issues and Decision Memorandum). E:\FR\FM\21DEN1.SGM 21DEN1 Federal Register / Vol. 83, No. 245 / Friday, December 21, 2018 / Notices Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://enforcement.trade.gov/ frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. 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 Issues and 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 4 with Chinese-origin components and materials and are then subsequently exported from Macau to the United States. Methodology Commerce is conducting this anticircumvention inquiry in accordance with section 781(b) of the Tariff Act of 1930, as amended (the Act). For a full description of the methodology underlying the Commerce’s final determination, see the Issues and Decision Memorandum. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in this inquiry are addressed in the Issues and Decision Memorandum. A list of the issues raised is attached to this notice as an Appendix. Based on our analysis of the comments received, we made no changes to the Preliminary Determination. amozie on DSK3GDR082PROD with NOTICES1 Final Affirmative Determination of Circumvention As detailed in the Issues and Decision Memorandum, we determine that innersprings exported from Macau to the United States, which were assembled or completed in Macau by Macao Commercial and Industrial Spring Mattress Manufacturer (Macao Commercial) and the other companies that are part of the Macao Commercial Group, used materials and/or 4 The Macao Commercial Group is comprised of the following companies: Macao Commercial, Tai Wa Commercial (a Macao trading company), Tai Wa Machinery (a Macao trading company), Wa Cheong Hong (a Macao trading company), and Heshan Tai Hua Jian Ye Machinery Co., Ltd. (Heshan Tai Hua) (a Chinese manufacturer). In the Preliminary Determination, we determined that these companies are affiliated and should be treated as a single entity. See PDM at 6–9. No party commented on this determination. We continue to treat the Macao Commercial Group as a single entity in this final determination. VerDate Sep<11>2014 00:00 Dec 21, 2018 Jkt 247001 components from China and are circumventing the Order. Therefore, we determine that it is appropriate to include this merchandise within the Order and to instruct U.S. Customs and Border Protection (CBP) to continue to suspend any entries of innersprings from Macau, which were manufactured in Macao by the Macao Commercial Group. Continuation of Suspension of Liquidation Notification Regarding Administrative Protective Orders This notice will serve as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return/ destruction or 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. 5 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), unchanged in Glycine from the People’s Republic of China: Final Partial Affirmative Determination of Circumvention of the Antidumping Duty Order, 77 FR 73426 (December 10, 2012). Frm 00006 Fmt 4703 Sfmt 4703 Notification to Interested Parties These determinations are issued and published in accordance with section 781(b) of the Act and 19 CFR 351.225(f). Dated: December 14, 2018. 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 In accordance with 19 CFR 351.225(l)(3), Commerce will direct CBP to continue to suspend liquidation and to require a cash deposit of estimated duties on unliquidated entries innersprings assembled or completed by the Macao Commercial Group in Macau from Chinese-origin components and/or materials that were entered, or withdrawn from warehouse, for consumption on or after November 22, 2016, the date of initiation of the anticircumvention 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.5 PO 00000 65627 List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Scope of the Anti-circumvention Inquiry V. Changes Since the Preliminary Determination VI. Statutory Framework VII. Statutory Analysis VIII. Discussion of the Issues Comment 1: Whether the Application of Partial Adverse Facts Available Is Appropriate Comment 2: Whether the Nature of the Production Process and the Extent of the Production Facilities in Macau Are Substantial Comment 3: Whether Macao Commercial’s Level of Research and Development in Macau Is Substantial Comment 4: Whether Increased U.S. Imports of Innersprings from Macao and Increased Macanese Imports of Steel Wire from China Are Indicative of Circumvention Comment 5: Macao Commercial’s Use of Non-Chinese Origin Steel Wire IX. Recommendation [FR Doc. 2018–27677 Filed 12–20–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Renewed Request for Applicants for Appointment to the United StatesBrazil CEO Forum International Trade Administration, Department of Commerce. ACTION: Notice. AGENCY: On October 12, 2018, the Department of Commerce (‘‘the Department’’) published a Federal Register notice, Request for Applicants for Appointment to the United StatesBrazil CEO Forum, requesting applications for appointment to the United States-Brazil CEO Forum and providing October 31, 2018, as the deadline to submit applications to the Department for immediate consideration. This notice re-opens the request for applications and postpones SUMMARY: E:\FR\FM\21DEN1.SGM 21DEN1

Agencies

[Federal Register Volume 83, Number 245 (Friday, December 21, 2018)]
[Notices]
[Pages 65626-65627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27677]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-928]


Uncovered Innerspring Units From the People's Republic of China: 
Final 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) determines that certain 
imports of uncovered innerspring units (innersprings) exported from 
Macau, using materials and/or components sourced from the People's 
Republic of China (China), are circumventing the antidumping duty (AD) 
order on innersprings from China.

DATES: Applicable December 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 August 21, 2018, Commerce published the Preliminary 
Determination \1\ of circumvention of the Order.\2\ A summary of the 
events that occurred since Commerce published the Preliminary 
Determination, as well as a full discussion of the issues raised by 
parties for this final determination, may be found in the Issues and 
Decision Memorandum.\3\ The Issues and Decision Memorandum is a public 
document and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and it is available to all parties in the Central 
Records Unit, Room B8024 of the main

[[Page 65627]]

Commerce building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and electronic versions of the 
Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \1\ See Uncovered Innerspring Units from the People's Republic 
of China: Preliminary Affirmative Determination of Circumvention of 
the Antidumping Duty Order, 83 FR 42254 (August 21, 2018) 
(Preliminary Determination) and accompanying Preliminary Decision 
Memorandum and Preliminary Analysis Memorandum.
    \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\ See Memorandum, ``Issues and 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 (Issues 
and Decision Memorandum).
---------------------------------------------------------------------------

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 Issues 
and 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 \4\ with Chinese-
origin components and materials and are then subsequently exported from 
Macau to the United States.
---------------------------------------------------------------------------

    \4\ The Macao Commercial Group is comprised of the following 
companies: Macao Commercial, Tai Wa Commercial (a Macao trading 
company), Tai Wa Machinery (a Macao trading company), Wa Cheong Hong 
(a Macao trading company), and Heshan Tai Hua Jian Ye Machinery Co., 
Ltd. (Heshan Tai Hua) (a Chinese manufacturer). In the Preliminary 
Determination, we determined that these companies are affiliated and 
should be treated as a single entity. See PDM at 6-9. No party 
commented on this determination. We continue to treat the Macao 
Commercial Group as a single entity in this final determination.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this anti-circumvention inquiry in 
accordance with section 781(b) of the Tariff Act of 1930, as amended 
(the Act). For a full description of the methodology underlying the 
Commerce's final determination, see the Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this inquiry are addressed in the Issues and Decision Memorandum. A 
list of the issues raised is attached to this notice as an Appendix. 
Based on our analysis of the comments received, we made no changes to 
the Preliminary Determination.

Final Affirmative Determination of Circumvention

    As detailed in the Issues and Decision Memorandum, we determine 
that innersprings exported from Macau to the United States, which were 
assembled or completed in Macau by Macao Commercial and Industrial 
Spring Mattress Manufacturer (Macao Commercial) and the other companies 
that are part of the Macao Commercial Group, used materials and/or 
components from China and are circumventing the Order. Therefore, we 
determine that it is appropriate to include this merchandise within the 
Order and to instruct U.S. Customs and Border Protection (CBP) to 
continue to suspend any entries of innersprings from Macau, which were 
manufactured in Macao by the Macao Commercial Group.

Continuation of Suspension of Liquidation

    In accordance with 19 CFR 351.225(l)(3), Commerce will direct CBP 
to continue to suspend liquidation and to require a cash deposit of 
estimated duties on unliquidated entries innersprings assembled or 
completed by the Macao Commercial Group in Macau from Chinese-origin 
components and/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.\5\
---------------------------------------------------------------------------

    \5\ 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), unchanged in Glycine from the People's 
Republic of China: Final Partial Affirmative Determination of 
Circumvention of the Antidumping Duty Order, 77 FR 73426 (December 
10, 2012).
---------------------------------------------------------------------------

Notification Regarding Administrative Protective Orders

    This notice will serve as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return/destruction or 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.

Notification to Interested Parties

    These determinations are issued and published in accordance with 
section 781(b) of the Act and 19 CFR 351.225(f).

    Dated: December 14, 2018.
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 Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Scope of the Anti-circumvention Inquiry
V. Changes Since the Preliminary Determination
VI. Statutory Framework
VII. Statutory Analysis
VIII. Discussion of the Issues
    Comment 1: Whether the Application of Partial Adverse Facts 
Available Is Appropriate
    Comment 2: Whether the Nature of the Production Process and the 
Extent of the Production Facilities in Macau Are Substantial
    Comment 3: Whether Macao Commercial's Level of Research and 
Development in Macau Is Substantial
    Comment 4: Whether Increased U.S. Imports of Innersprings from 
Macao and Increased Macanese Imports of Steel Wire from China Are 
Indicative of Circumvention
    Comment 5: Macao Commercial's Use of Non-Chinese Origin Steel 
Wire
IX. Recommendation

[FR Doc. 2018-27677 Filed 12-20-18; 8:45 am]
 BILLING CODE 3510-DS-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.