Uncovered Innerspring Units From the People's Republic of China: Final Results of the Antidumping Duty Administrative Review; 2018-2019, 6907-6908 [2020-02377]

Download as PDF Federal Register / Vol. 85, No. 25 / Thursday, February 6, 2020 / Notices merchandise would be subject to export limits, as outlined in the CVD Agreement.11 The GOM also agreed to other conditions including limits on Refined Sugar 12 and the issuance of shipment-specific (later amended to contract-specific) export licenses.13 The amendment to the CVD Agreement also made certain changes with respect to GOM’s licensing system and the polarity of the sugar to be exported.14 After reviewing the information received to date from the respondent companies and the GOM in their questionnaire and supplemental questionnaire responses, we preliminarily find that the GOM adhered to the terms of the amended CVD Agreement in effect during the POR and that the amended CVD Agreement was functioning as intended. Further, we preliminarily determine that the amended CVD Agreement in effect during the POR was meeting its statutory requirements under sections 704(c) and (d) of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. Issues involving business proprietary information are addressed in a separate memorandum.15 lotter on DSKBCFDHB2PROD with NOTICES Public Comment Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit case briefs not later than 30 days after the date of publication of this notice. 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 in accordance with 19 CFR 351.309(d)(1). Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to provide: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. See 19 CFR 351.309(c)(2) and (d)(2). Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Enforcement and Compliance filed electronically via ACCESS. An electronically filed document must be 11 See CVD Agreement, 79 FR at 78047, at Export Limits. See also CVD Amendment, 82 FR at 31942, 31944. 12 See CVD Agreement, 79 FR at 78046–47, at Definitions and Export Limits. See also CVD Amendment, 82 FR at 31942, 31944. 13 See CVD Agreement, 79 FR at 78047–48, at Export Limits and Implementation. See also CVD Amendment, 82 FR at 31944. 14 See CVD Amendment, 82 FR at 31943–44. 15 See Memorandum to the File, ‘‘Memorandum Regarding Certain Allocations of the Export Limit’’ (January 31, 2020). VerDate Sep<11>2014 19:54 Feb 05, 2020 Jkt 250001 received successfully in its entirety by Commerce’s electronic records system, ACCESS, by 5:00 p.m. Eastern Standard Time within 30 days after 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 to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. Commerce intends to issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, not later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: January 31, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–02363 Filed 2–5–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–928] Uncovered Innerspring Units From the People’s Republic of China: Final Results of the Antidumping Duty Administrative Review; 2018–2019 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) has completed the administrative review of the antidumping duty order on uncovered innerspring units (innersprings) from the People’s Republic of China (China) covering the period of review (POR) February 1, 2018 through January 31, 2019. We continue to find that none of the exporters of subject merchandise demonstrated eligibility for a separate rate; therefore, each is part of the Chinawide entity. DATES: Applicable February 6, 2020. FOR FURTHER INFORMATION CONTACT: Javier Barrientos, 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) 482–2243. SUPPLEMENTARY INFORMATION: AGENCY: Background On October 2, 2019, Commerce published the Preliminary Results of PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 6907 this review and gave interested parties an opportunity to comment.1 We received no comments. These final results cover two companies for which an administrative review was requested and not rescinded: Jietai Machinery Ltd. (HK) and Green Asia Parts, LTD.2 This review was conducted in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). 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 7320.20.5010, 7320.90.5010, 7326.20.0070, 7326.20.0071, 7326.20.0090, 9404.10.0000, 9404.29.9005, 9404.29.9011, 9404.29.9013, and 9404.29.9050 of the Harmonized Tariff Schedule of the United States 1 See Uncovered Innerspring Units from the People’s Republic of China: Preliminary Results of the Antidumping Duty Administrative Review; 2018–2019, 84 FR 52459 (October 2, 2019) (Preliminary Results). 2 Id. E:\FR\FM\06FEN1.SGM 06FEN1 6908 Federal Register / Vol. 85, No. 25 / Thursday, February 6, 2020 / Notices (HTSUS).3 The HTSUS subheadings are provided for convenience and customs purposes only; the written description of the scope of the order is dispositive. Final Results of Review Commerce preliminarily determined that neither of the companies subject to this review demonstrated eligibility for separate rate status and, thus, Commerce found them to be part of the China-wide entity.4 As noted above, Commerce received no comments concerning the Preliminary Results of this review. We find that there is no reason to modify our analysis. Accordingly, no decision memorandum accompanies this Federal Register notice. For further details regarding the issues addressed in this proceeding, see the Preliminary Results.5 In these final results of review, we continue to treat both exporters subject to this review as part of the China-wide entity.6 The China-wide entity rate is 234.51 percent. China-Wide Entity lotter on DSKBCFDHB2PROD with NOTICES Commerce’s policy regarding the conditional review of the China-wide entity applies to this administrative review.7 Under this policy, the Chinawide entity will not be under review unless a party specifically requests, or Commerce self-initiates, a review of the entity. Because no party requested a review of the China-wide entity, and Commerce did not self-initiate a review, the entity is not under review and the entity’s rate is not subject to change (i.e., 234.51 percent). 3 Based on a recommendation by U.S. Customs and Border Protection (CBP), on September 6, 2017, we added HTSUS 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. On October 21, 2019, we also added HTSUS numbers 9404.29.9050 and 9404.29.9013 to the scope based on another recommendation by CBP. 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),’’ dated October 21, 2019. 4 See Preliminary Results. 5 Id. 6 In the Preliminary Results, we found both exporters subject to this review to be part of the China-wide entity as each exporter failed to submit a separate rate application and/or a separate rate certification to establish its eligibility for separate rate status. 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 (November 4, 2013). VerDate Sep<11>2014 19:54 Feb 05, 2020 Jkt 250001 Assessment Rates Commerce has determined, and CBP shall assess, antidumping duties on all appropriate entries in this review, in accordance with section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(1). We intend to issue assessment instructions directly to CBP 15 days after publication in the Federal Register of these final results of this administrative review. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) For previously investigated or reviewed Chinese and non-Chinese exporters not under review in this segment of the proceeding, but who have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recent period; (2) 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 the China-wide entity rate (i.e., 234.51 percent); and (3) 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. Reimbursement of Duties This notice also serves as a final 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 Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Administrative Protective Order This notice also serves as a 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(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 APO materials or conversion to judicial protective order 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 this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h). Dated: January 27, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–02377 Filed 2–5–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–971] Multilayered Wood Flooring From the People’s Republic of China: Preliminary Results of Countervailing Duty Administrative Review, and Intent To Rescind Review, in Part; 2017 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of multilayered wood flooring (wood flooring) from the People’s Republic of China (China). Interested parties are invited to comment on these preliminary results of review. DATES: Applicable February 6, 2020. FOR FURTHER INFORMATION CONTACT: Bob Palmer or Suzanne Lam, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 202–482–9068 or 202–482–0783, respectively. AGENCY: SUPPLEMENTARY INFORMATION: Background On December 8, 2011, Commerce issued a countervailing duty (CVD) order on multilayered wood flooring from China.1 Several interested parties requested that Commerce conduct an administrative review of the Order, and on March 14, 2019, Commerce published in the Federal Register a notice of initiation of an administrative 1 See Multilayered Wood Flooring from the People’s Republic of China: Countervailing Duty Order, 76 FR 76693 (December 8, 2011) (Order). E:\FR\FM\06FEN1.SGM 06FEN1

Agencies

[Federal Register Volume 85, Number 25 (Thursday, February 6, 2020)]
[Notices]
[Pages 6907-6908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02377]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-928]


Uncovered Innerspring Units From the People's Republic of China: 
Final 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) has completed the 
administrative review of the antidumping duty order on uncovered 
innerspring units (innersprings) from the People's Republic of China 
(China) covering the period of review (POR) February 1, 2018 through 
January 31, 2019. We continue to find that none of the exporters of 
subject merchandise demonstrated eligibility for a separate rate; 
therefore, each is part of the China-wide entity.

DATES: Applicable February 6, 2020.

FOR FURTHER INFORMATION CONTACT: Javier Barrientos, 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) 482-2243.

SUPPLEMENTARY INFORMATION: 

Background

    On October 2, 2019, Commerce published the Preliminary Results of 
this review and gave interested parties an opportunity to comment.\1\ 
We received no comments. These final results cover two companies for 
which an administrative review was requested and not rescinded: Jietai 
Machinery Ltd. (HK) and Green Asia Parts, LTD.\2\ This review was 
conducted in accordance with section 751(a)(1)(B) of the Tariff Act of 
1930, as amended (the Act).
---------------------------------------------------------------------------

    \1\ See Uncovered Innerspring Units from the People's Republic 
of China: Preliminary Results of the Antidumping Duty Administrative 
Review; 2018-2019, 84 FR 52459 (October 2, 2019) (Preliminary 
Results).
    \2\ Id.
---------------------------------------------------------------------------

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 7320.20.5010, 
7320.90.5010, 7326.20.0070, 7326.20.0071, 7326.20.0090, 9404.10.0000, 
9404.29.9005, 9404.29.9011, 9404.29.9013, and 9404.29.9050 of the 
Harmonized Tariff Schedule of the United States

[[Page 6908]]

(HTSUS).\3\ The HTSUS subheadings are provided for convenience and 
customs purposes only; the written description of the scope of the 
order is dispositive.
---------------------------------------------------------------------------

    \3\ Based on a recommendation by U.S. Customs and Border 
Protection (CBP), on September 6, 2017, we added HTSUS 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. On October 21, 
2019, we also added HTSUS numbers 9404.29.9050 and 9404.29.9013 to 
the scope based on another recommendation by CBP. 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),'' dated October 21, 2019.
---------------------------------------------------------------------------

Final Results of Review

    Commerce preliminarily determined that neither of the companies 
subject to this review demonstrated eligibility for separate rate 
status and, thus, Commerce found them to be part of the China-wide 
entity.\4\ As noted above, Commerce received no comments concerning the 
Preliminary Results of this review. We find that there is no reason to 
modify our analysis. Accordingly, no decision memorandum accompanies 
this Federal Register notice. For further details regarding the issues 
addressed in this proceeding, see the Preliminary Results.\5\
---------------------------------------------------------------------------

    \4\ See Preliminary Results.
    \5\ Id.
---------------------------------------------------------------------------

    In these final results of review, we continue to treat both 
exporters subject to this review as part of the China-wide entity.\6\ 
The China-wide entity rate is 234.51 percent.
---------------------------------------------------------------------------

    \6\ In the Preliminary Results, we found both exporters subject 
to this review to be part of the China-wide entity as each exporter 
failed to submit a separate rate application and/or a separate rate 
certification to establish its eligibility for separate rate status.
---------------------------------------------------------------------------

China-Wide Entity

    Commerce's policy regarding the conditional review of the China-
wide entity applies to this administrative review.\7\ Under this 
policy, the China-wide entity will not be under review unless a party 
specifically requests, or Commerce self-initiates, a review of the 
entity. Because no party requested a review of the China-wide entity, 
and Commerce did not self-initiate a review, the entity is not under 
review and the entity's rate is not subject to change (i.e., 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 (November 4, 2013).
---------------------------------------------------------------------------

Assessment Rates

    Commerce has determined, and CBP shall assess, antidumping duties 
on all appropriate entries in this review, in accordance with section 
751(a)(2)(C) of the Act and 19 CFR 351.212(b)(1). We intend to issue 
assessment instructions directly to CBP 15 days after publication in 
the Federal Register of these final results of this administrative 
review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For previously 
investigated or reviewed Chinese and non-Chinese exporters not under 
review in this segment of the proceeding, but who have separate rates, 
the cash deposit rate will continue to be the exporter-specific rate 
published for the most recent period; (2) 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 the China-wide entity rate 
(i.e., 234.51 percent); and (3) 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.

Reimbursement of Duties

    This notice also serves as a final 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 Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Order

    This notice also serves as a 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(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return/destruction 
of APO materials or conversion to judicial protective order 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 this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h).

    Dated: January 27, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-02377 Filed 2-5-20; 8:45 am]
 BILLING CODE 3510-DS-P