Uncovered Innerspring Units From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review; 2018-2019, 52459-52460 [2019-21441]

Download as PDF Federal Register / Vol. 84, No. 191 / Wednesday, October 2, 2019 / Notices 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 Issues and Decision Memorandum can be accessed directly on the internet at https:// enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. Final Results of Sunset Reviews Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, Commerce determines that revocation of the Orders would be likely to lead to continuation or recurrence of dumping, and that the magnitude of the dumping margins likely to prevail would be weightedaverage margins up to 167.11 percent for Malaysia, 24.01 percent for Thailand, and 16.25 percent for Vietnam. Notification Regarding Administrative Protective Orders This notice also serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or destruction of APO materials, or conversion to judicial protective, orders is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties We are issuing and publishing these final results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and 19 CFR 351.218 and 19 CFR 351.221(c)(5)(ii). Dated: September 25, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. khammond on DSKJM1Z7X2PROD with NOTICES Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Orders IV. History of the Orders V. Legal Framework VI. Discussion of the Issues A. Likelihood of Continuation or Recurrence of Dumping B. Magnitude of the Dumping Margins Likely to Prevail VII. Final Results of Sunset Reviews VIII. Recommendation [FR Doc. 2019–21445 Filed 10–1–19; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 16:42 Oct 01, 2019 Jkt 250001 DEPARTMENT OF COMMERCE International Trade Administration [A–570–928] Uncovered Innerspring Units From the People’s Republic of China: Preliminary Results of the Antidumping Duty Administrative Review; 2018–2019 52459 the POR.5 We asked interested parties to file comments on this data and submit comments by July 25, 2019. No party filed comments. Scope of the Order On February 8, 2019, Commerce published a notice of opportunity to request an administrative review of the antidumping duty order on uncovered innerspring units (innersprings) from the People’s Republic of China (China).1 In response, on February 28, 2019, Leggett & Platt, Incorporated (the petitioner) requested a review of two companies, Jietai Machinery Ltd. (HK) (Jietai) and Green Asia Parts, LTD. (Green Asia).2 Commerce initiated a review for both companies on May 2, 2019.3 The deadline for interested parties to submit an SRA or separate rate certification (SRC) was June 3, 2019.4 No party submitted an SRA or an SRC. On July 18, 2019, Commerce placed U.S. Customs and Border Protection (CBP) data on the record of this review demonstrating that neither Jietai nor Green Asia had entries during 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. All uncovered innerspring units are included in the scope regardless of width and length. Included within this definition are innersprings typically ranging from 30.5 inches to 76 inches in width and 68 inches to 84 inches in length. Innersprings for crib mattresses typically range from 25 inches to 27 inches in width and 50 inches to 52 inches in length. Uncovered innerspring units are suitable for use as the innerspring component in the manufacture of innerspring mattresses, including mattresses that incorporate a foam encasement around the innerspring. Pocketed and non-pocketed innerspring units are included in this definition. Non-pocketed innersprings are typically joined together with helical wire and border rods. Non-pocketed innersprings are included in this definition regardless of whether they have border rods attached to the perimeter of the innerspring. Pocketed innersprings are individual coils covered by a ‘‘pocket’’ or ‘‘sock’’ of a nonwoven synthetic material or woven material and then glued together in a linear fashion. Uncovered innersprings are classified under subheading 9404.29.9010 and have 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).6 The HTSUS subheadings are provided for convenience and customs 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 84 FR 2816 (February 8, 2019). 2 See Petitioner’s Letter, ‘‘Uncovered Innerspring Units from the People’s Republic of China: Request for Tenth Antidumping Duty Administrative Review,’’ dated February 28, 2019. 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 84 FR 18777 (May 2, 2019) (Initiation Notice). 4 See Initiation Notice. 5 See Memorandum, ‘‘10th Administrative Review of Uncovered Innerspring Units from the People’s Republic of China: Customs Data of U.S. Imports,’’ dated July 18, 2019. 6 Based on a recommendation by CBP, on September 6, 2017, the Department added HTS 7326.20.0090 to the scope. See Memorandum, ‘‘Request from Customs and Border Protection to Update the ACE AD/CVD Case Reference File, Uncovered Innersprings from the People’s Republic of China (A–570–928) and South Africa (A–791– 821),’’ dated September 6, 2017. Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that the two companies subject to this administrative review are part of the China-wide entity because neither filed a separate rate application (SRA). The period of review (POR) is February 1, 2018 through January 31, 2019. We invite interested parties to comment on these preliminary results. DATES: Applicable October 2, 2019. FOR FURTHER INFORMATION CONTACT: Javier Barrientos, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone at (202) 482–2243. SUPPLEMENTARY INFORMATION: AGENCY: Background PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 52460 Federal Register / Vol. 84, No. 191 / Wednesday, October 2, 2019 / Notices purposes only; the written description of the scope of the order is dispositive. Methodology Commerce is conducting this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213. Preliminary Results of Review Neither of the companies subject to this review filed an SRA. Thus, Commerce preliminarily determines that these companies have not demonstrated their eligibility for separate rate status. As such, Commerce preliminarily determines that the companies subject to review are part of the China-wide entity. In addition, Commerce no longer considers the nonmarket economy (NME) entity as an exporter conditionally subject to an antidumping duty administrative review.7 Accordingly, the NME entity will not be under review unless Commerce specifically receives a request for, or self-initiates, a review of the NME entity.8 In this administrative review, no party requested a review of the China-wide entity. Moreover, we have not self-initiated a review of the China-wide entity. Because no review of the China-wide entity is being conducted, the China-wide entity’s entries are not subject to the review and the rate applicable to the NME entity is not subject to change as a result of this review. The China-wide entity rate is 234.51 percent. Public Comment Interested parties are invited to comment on the preliminary results and may submit case briefs and/or written comments, filed electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS), within 30 days after the date of publication of these preliminary results of review.9 ACCESS is available to registered users at https:// access.trade.gov and is available to all parties in the Central Records Unit in room B8024 of the main Commerce building. Rebuttal briefs, limited to issues raised in the case briefs, must be filed within five days after the time khammond on DSKJM1Z7X2PROD with NOTICES 7 See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4, 2013). 8 In accordance with 19 CFR 351.213(b)(1), parties should specify that they are requesting a review of entries from exporters comprising the entity, and to the extent possible, include the names of such exporters in their request. 9 See 19 CFR 351.309(c)(1)(ii). VerDate Sep<11>2014 16:42 Oct 01, 2019 Jkt 250001 limit for filing case briefs.10 Parties who submit case or rebuttal briefs in this proceeding are requested to submit with each argument a statement of the issue, a brief summary of the argument, and a table of authorities.11 Interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to Commerce within 30 days of the date of publication of this notice.12 Requests should contain: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. 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, parties will be notified of the time and date for the hearing to be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington DC 20230.13 Commerce 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, unless extended, pursuant to section 751(a)(3)(A) of the Act. Assessment Rates Upon issuance of the final results of this review, Commerce will determine, and CBP shall assess, antidumping duties on all appropriate entries of subject merchandise covered by this review.14 We intend to instruct CBP to liquidate entries containing subject merchandise exported by the companies under review that we determine in the final results to be part of the China-wide entity at the China-wide entity rate of 234.51 percent. Commerce intends to issue assessment instructions to CBP 15 days after the date of publication of this review in the Federal Register.15 Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this review for shipments of the subject merchandise from China entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by sections 751(a)(2)(C) of the Act: (1) For 10 See 19 CFR 351.309(d)(1) and (2). 19 CFR 351.309(c) and (d); see also 19 CFR 351.303 (for general filing requirements). 12 See 19 CFR 351.310(c) 13 See 19 CFR 310(d). 14 See 19 CFR 351.212(b)(1). 15 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). 11 See PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 companies that have a separate rate, 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); (2) for previously investigated or reviewed Chinese and non-Chinese 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 exporterspecific rate; (3) for all Chinese exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be that for the China-wide entity (i.e., 234.51 percent); and (4) for all nonChinese exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the Chinese exporter that supplied that non-Chinese exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a reminder to importers of their responsibility under 19 CFR 315.402(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 Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. We are issuing and publishing these preliminary results in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.213(h) and 351.221(b)(4). Dated: September 24, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2019–21441 Filed 10–1–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–931] Circular Welded Austenitic Stainless Pressure Pipe From the People’s Republic of China: Final Results of the Expedited Second Sunset Review of the Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) finds that revocation of the AGENCY: E:\FR\FM\02OCN1.SGM 02OCN1

Agencies

[Federal Register Volume 84, Number 191 (Wednesday, October 2, 2019)]
[Notices]
[Pages 52459-52460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21441]


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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 of the Antidumping Duty Administrative Review; 
2018-2019

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that the two companies subject to this administrative review are part 
of the China-wide entity because neither filed a separate rate 
application (SRA). The period of review (POR) is February 1, 2018 
through January 31, 2019. We invite interested parties to comment on 
these preliminary results.

DATES: Applicable October 2, 2019.

FOR FURTHER INFORMATION CONTACT: Javier Barrientos, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW, 
Washington, DC 20230; telephone at (202) 482-2243.

SUPPLEMENTARY INFORMATION:

Background

    On February 8, 2019, Commerce published a notice of opportunity to 
request an administrative review of the antidumping duty order on 
uncovered innerspring units (innersprings) from the People's Republic 
of China (China).\1\ In response, on February 28, 2019, Leggett & 
Platt, Incorporated (the petitioner) requested a review of two 
companies, Jietai Machinery Ltd. (HK) (Jietai) and Green Asia Parts, 
LTD. (Green Asia).\2\ Commerce initiated a review for both companies on 
May 2, 2019.\3\ The deadline for interested parties to submit an SRA or 
separate rate certification (SRC) was June 3, 2019.\4\ No party 
submitted an SRA or an SRC. On July 18, 2019, Commerce placed U.S. 
Customs and Border Protection (CBP) data on the record of this review 
demonstrating that neither Jietai nor Green Asia had entries during the 
POR.\5\ We asked interested parties to file comments on this data and 
submit comments by July 25, 2019. No party filed comments.
---------------------------------------------------------------------------

    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 84 FR 2816 (February 8, 2019).
    \2\ See Petitioner's Letter, ``Uncovered Innerspring Units from 
the People's Republic of China: Request for Tenth Antidumping Duty 
Administrative Review,'' dated February 28, 2019.
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 18777 (May 2, 2019) (Initiation 
Notice).
    \4\ See Initiation Notice.
    \5\ See Memorandum, ``10th Administrative Review of Uncovered 
Innerspring Units from the People's Republic of China: Customs Data 
of U.S. Imports,'' dated July 18, 2019.
---------------------------------------------------------------------------

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. All 
uncovered innerspring units are included in the scope regardless of 
width and length. Included within this definition are innersprings 
typically ranging from 30.5 inches to 76 inches in width and 68 inches 
to 84 inches in length. Innersprings for crib mattresses typically 
range from 25 inches to 27 inches in width and 50 inches to 52 inches 
in length.
    Uncovered innerspring units are suitable for use as the innerspring 
component in the manufacture of innerspring mattresses, including 
mattresses that incorporate a foam encasement around the innerspring.
    Pocketed and non-pocketed innerspring units are included in this 
definition. Non-pocketed innersprings are typically joined together 
with helical wire and border rods. Non-pocketed innersprings are 
included in this definition regardless of whether they have border rods 
attached to the perimeter of the innerspring. Pocketed innersprings are 
individual coils covered by a ``pocket'' or ``sock'' of a nonwoven 
synthetic material or woven material and then glued together in a 
linear fashion.
    Uncovered innersprings are classified under subheading 9404.29.9010 
and have 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).\6\ The HTSUS subheadings are provided for 
convenience and customs

[[Page 52460]]

purposes only; the written description of the scope of the order is 
dispositive.
---------------------------------------------------------------------------

    \6\ Based on a recommendation by CBP, on September 6, 2017, the 
Department added HTS 7326.20.0090 to the scope. See Memorandum, 
``Request from Customs and Border Protection to Update the ACE AD/
CVD Case Reference File, Uncovered Innersprings from the People's 
Republic of China (A-570-928) and South Africa (A-791-821),'' dated 
September 6, 2017.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act), and 19 
CFR 351.213.

Preliminary Results of Review

    Neither of the companies subject to this review filed an SRA. Thus, 
Commerce preliminarily determines that these companies have not 
demonstrated their eligibility for separate rate status. As such, 
Commerce preliminarily determines that the companies subject to review 
are part of the China-wide entity. In addition, Commerce no longer 
considers the non-market economy (NME) entity as an exporter 
conditionally subject to an antidumping duty administrative review.\7\ 
Accordingly, the NME entity will not be under review unless Commerce 
specifically receives a request for, or self-initiates, a review of the 
NME entity.\8\ In this administrative review, no party requested a 
review of the China-wide entity. Moreover, we have not self-initiated a 
review of the China-wide entity. Because no review of the China-wide 
entity is being conducted, the China-wide entity's entries are not 
subject to the review and the rate applicable to the NME entity is not 
subject to change as a result of this review. The China-wide entity 
rate is 234.51 percent.
---------------------------------------------------------------------------

    \7\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4, 
2013).
    \8\ In accordance with 19 CFR 351.213(b)(1), parties should 
specify that they are requesting a review of entries from exporters 
comprising the entity, and to the extent possible, include the names 
of such exporters in their request.
---------------------------------------------------------------------------

Public Comment

    Interested parties are invited to comment on the preliminary 
results and may submit case briefs and/or written comments, filed 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS), 
within 30 days after the date of publication of these preliminary 
results of review.\9\ ACCESS is available to registered users at https://access.trade.gov and is available to all parties in the Central 
Records Unit in room B8024 of the main Commerce building. Rebuttal 
briefs, limited to issues raised in the case briefs, must be filed 
within five days after the time limit for filing case briefs.\10\ 
Parties who submit case or rebuttal briefs in this proceeding are 
requested to submit with each argument a statement of the issue, a 
brief summary of the argument, and a table of authorities.\11\
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.309(c)(1)(ii).
    \10\ See 19 CFR 351.309(d)(1) and (2).
    \11\ See 19 CFR 351.309(c) and (d); see also 19 CFR 351.303 (for 
general filing requirements).
---------------------------------------------------------------------------

    Interested parties who wish to request a hearing, or to participate 
if one is requested, must submit a written request to Commerce within 
30 days of the date of publication of this notice.\12\ Requests should 
contain: (1) The party's name, address, and telephone number; (2) the 
number of participants; and (3) a list of issues to be discussed. 
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, parties will be notified of the time and date for the hearing to 
be held at the U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington DC 20230.\13\ Commerce 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, unless extended, pursuant to section 751(a)(3)(A) of the Act.
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.310(c)
    \13\ See 19 CFR 310(d).
---------------------------------------------------------------------------

Assessment Rates

    Upon issuance of the final results of this review, Commerce will 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries of subject merchandise covered by this review.\14\ We intend to 
instruct CBP to liquidate entries containing subject merchandise 
exported by the companies under review that we determine in the final 
results to be part of the China-wide entity at the China-wide entity 
rate of 234.51 percent. Commerce intends to issue assessment 
instructions to CBP 15 days after the date of publication of this 
review in the Federal Register.\15\
---------------------------------------------------------------------------

    \14\ See 19 CFR 351.212(b)(1).
    \15\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this review for shipments of the 
subject merchandise from China entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
sections 751(a)(2)(C) of the Act: (1) For companies that have a 
separate rate, 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); (2) for previously 
investigated or reviewed Chinese and non-Chinese 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; (3) for all Chinese exporters of subject 
merchandise that have not been found to be entitled to a separate rate, 
the cash deposit rate will be that for the China-wide entity (i.e., 
234.51 percent); and (4) for all non-Chinese exporters of subject 
merchandise which have not received their own rate, the cash deposit 
rate will be the rate applicable to the Chinese exporter that supplied 
that non-Chinese exporter. These deposit requirements, when imposed, 
shall remain in effect until further notice.

Notification to Importers

    This notice also serves as a reminder to importers of their 
responsibility under 19 CFR 315.402(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 Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 
351.213(h) and 351.221(b)(4).

    Dated: September 24, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-21441 Filed 10-1-19; 8:45 am]
 BILLING CODE 3510-DS-P

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