Uncovered Innerspring Units From the Socialist Republic of Vietnam: Preliminary Results of the Antidumping Duty Administrative Review; 2018-2019, 39524-39526 [2020-14037]
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Federal Register / Vol. 85, No. 127 / Wednesday, July 1, 2020 / Notices
the POR.3 No other party requested an
administrative review of the Order. On
January 17, 2020, in accordance with
section 751(a) of the Tariff Act of 1930,
as amended (the Act) and 19 CFR
351.221(c)(1)(i), Commerce published in
the Federal Register a notice of
initiation of an administrative review.4
On March 5, 2020, Commerce issued its
initial antidumping questionnaire to
Golden Dragon.5 On April 8, 2020,
Golden Dragon timely withdrew its
request for an administrative review.6
On April 24, 2020, Commerce tolled all
deadlines in administrative reviews by
50 days, due to COVID–19.7
Rescission of Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the party that requested the
review withdraws its request within 90
days of the date of publication of the
notice of initiation of the requested
review. In this case, Golden Dragon
withdrew its request by the 90-day
deadline, and no other party requested
an administrative review of the Order
with respect to Golden Dragon.
Therefore, we are rescinding the
administrative review of the Order for
the period November 1, 2018 through
October 31, 2019, in its entirety.
Assessment
Commerce intends to instruct U.S.
Customs and Border Protection (CBP) to
assess antidumping duties on all
appropriate entries of copper pipe and
tube from China during the POR at rates
equal to the cash deposit of estimated
antidumping duties required at the time
of entry, or withdrawal from warehouse,
for consumption, in accordance with 19
CFR 351.212(c)(1)(i). Commerce intends
to issue appropriate assessment
instructions to CBP 15 days after the
date of publication of this notice in the
Federal Register.
3 See Golden Dragon’s Letter, ‘‘Seamless Refined
Copper Pipe and Tube from China: Request for
Antidumping Duty Administrative Review,’’ dated
November 29, 2019.
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
3014, 3021 (January 17, 2020).
5 See Commerce’s Letter, ‘‘2018–2019
Antidumping Duty Administrative Review of
Seamless Refined Copper Pipe and Tube from the
People’s Republic of China,’’ dated March 5, 2020.
6 See Golden Dragon’s Letter, ‘‘Withdrawal of
Request for Review, Seamless Refined Copper Pipe
and Tube from China’’ dated April 8, 2020.
7 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews in Response to Operational
Adjustments Due to COVID–19,’’ dated April 24,
2020.
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Notification To Importers
This notice 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 the antidumping
duties occurred and the subsequent
assessment of doubled antidumping
duties.
Notification Regarding Administrative
Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
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.
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act, and 19 CFR
351.213(d)(4).
Dated: June 25, 2020.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2020–14190 Filed 6–30–20; 8:45 am]
BILLING CODE 3510–DS–P
FOR FURTHER INFORMATION CONTACT:
Shanah Lee, AD/CVD Operations, Office
III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–6386.
SUPPLEMENTARY INFORMATION:
Background
On December 6, 2019, Commerce
published a notice of opportunity to
request an administrative review of the
antidumping duty order on uncovered
innerspring units from the Socialist
Republic of Vietnam (Vietnam).1 In
response, on December 31, 2019, Leggett
& Platt, Incorporated (the petitioner)
requested a review of one company,
Angkor Spring Co., Ltd. (Angkor
Spring).2 Commerce initiated a review
of this company on February 6, 2020.3
The deadline for interested parties to
submit an SRA or separate rate
certification (SRC) was March 9, 2020.4
No party submitted an SRA or an SRC.
On March 26, 2020, Commerce placed
U.S. Customs and Border Protection
(CBP) data on the record of this review
demonstrating that there were no entries
of subject merchandise during the POR.5
We asked interested parties to file
comments on this data by April 2, 2020.
The petitioner submitted comments on
the CBP data on April 2, 2020.6
Scope of the Order
The merchandise subject to this 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
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–803]
Uncovered Innerspring Units From the
Socialist Republic of Vietnam:
Preliminary Results of the
Antidumping Duty Administrative
Review; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that the sole company subject to this
administrative review is part of the
Vietnam-wide entity because it did not
file a separate rate application (SRA).
The period of review (POR) is December
1, 2018 through November 31, 2019. We
invite interested parties to comment on
these preliminary results.
DATES: Applicable July 1, 2020.
AGENCY:
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1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 84 FR 66880
(December 6, 2019).
2 See Petitioner’s Letter, ‘‘Uncovered Innerspring
Units from the Socialist Republic of Vietnam:
Request for Antidumping Duty Administrative
Review,’’ dated December 31, 2019.
3 See Initiation of Antidumping Duty and
Countervailing Duty Administrative Reviews, 85 FR
6896 (February 6, 2020) (Initiation Notice).
4 SRAs and SRCs were due thirty days from the
publication of Commerce’s Initiation Notice. In this
administrative review, the deadline was March 7,
2020, a Saturday. Because the deadline fell on a
weekend, according to Commerce’s ‘‘Next Business
Day’’ rule, the deadline was moved forward to the
next business day, Monday, March 9, 2020. See
Notice of Clarification: Application of ‘‘Next
Business Day’’ Rule for Administrative
Determination Deadlines Pursuant to the Tariff Act
of 1930, As Amended, 70 FR 24533 (May 10, 2005).
5 See Memorandum, ‘‘2018–2019 Administrative
Review of the Antidumping Duty Order on
Uncovered Innerspring Units from the Socialist
Republic of Vietnam,’’ dated March 26, 2020.
6 See Petitioner’s Letter, ‘‘Uncovered Innerspring
Units from the Socialist Republic of Vietnam:
Comments on CBP Data,’’ dated April 2, 2020.
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Federal Register / Vol. 85, No. 127 / Wednesday, July 1, 2020 / Notices
king) and units used in small
constructions, such as crib and youth
mattresses. All uncovered innerspring
units are included in the scope
regardless of width and length.
Including within this definition are
innersprings typically raining from 30.5
inches to 76 inches in width and 68
inches to 84 inches in length.
Innerspring 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).7 The HTSUS subheadings are
provided for convenience and customs
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
Angkor Spring, the sole company
subject to this review, did not file an
SRA. Thus, Commerce preliminarily
determines that this company has not
demonstrated its eligibility for separate
rate status. As such, Commerce
preliminarily determines that the
company subject to this review is part
of the Vietnam-wide entity. In addition,
7 Based
on a recommendation by CBP, on
September 15, 2017, Commerce 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,’’
dated September 15, 2017 (Barcode 3622582–01).
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Commerce no longer considers the nonmarket economy (NME) entity as an
exporter conditionally subject to an
antidumping duty administrative
review.8 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. In this administrative
review, no party requested a review of
the Vietnam-wide entity. Moreover, we
have not self-initiated a review of the
Vietnam-wide entity. Because no review
of the Vietnam-wide entity is being
conducted, the Vietnam-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 Vietnam-wide entity rate is
116.31 percent.9
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 Duty and Countervailing
Duty Centralized Electronic Service
System (ACCESS), within 30 days after
the date of publication of these
preliminary results of review.10
ACCESS is available to registered users
at https://access.trade.gov. Rebuttal
briefs, limited to issues raised in the
case briefs, must be filed within seven
days after the time limit for filing case
briefs.11 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.12 Note that Commerce has
temporarily modified certain portions of
its requirements for serving documents
containing business proprietary
information, until July 17, 2020, unless
extended.13
8 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).
9 See Antidumping Duty Order: Uncovered
Innerspring Units from the Socialist Republic of
Vietnam, 73 FR 75391, 75392 (December 11, 2008).
10 See 19 CFR 351.309(c)(1)(ii).
11 See 19 CFR 351.309(d)(1) and (2); see also
Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19, 85 FR 17006
(March 26, 2020) (‘‘To provide adequate time for
release of case briefs via ACCESS, E&C intends to
schedule the due date for all rebuttal briefs to be
7 days after case briefs are filed (while these
modifications are in effect).’’); and Temporary Rule
Modifying AD/CVD Service Requirements Due to
COVID–19; Extension of Effective Period, 85 FR
29615 (May 18, 2020) (Temporary Rule).
12 See 19 CFR 351.309(c) and (d); see also 19 CFR
351.303 (for general filing requirements).
13 See Temporary Rule.
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39525
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.14
Requests should contain: (1) The party’s
name, address, the 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.15 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 will shall assess, antidumping
duties on all appropriate entries of
subject merchandise covered by this
review.16 We intend to instruct CBP to
liquidate entries containing subject
merchandise exported by the company
under review that we determine in the
final results to be part of the Vietnamwide entity at the Vietnam-wide entity
rate of 116.31 percent. Commerce
intends to issue assessment instructions
to CBP 15 days after the date of
publication of the final results of this
review in the Federal Register.17
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 Vietnam 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 Vietnamese or nonVietnamese exporters not listed above
that received a separate rate in a prior
segment of this proceeding, the cash
14 See
19 CFR 351.310(c).
19 CFR 351.310(d).
16 See 19 CFR 351.212(b)(1).
17 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
15 See
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Federal Register / Vol. 85, No. 127 / Wednesday, July 1, 2020 / Notices
deposit rate will continue to be the
existing exporter-specific rate; (3) for all
Vietnamese 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 Vietnamwide entity (i.e., 116.31 percent); and (4)
for all non-Vietnamese exporters of
subject merchandise which have not
received their own rate, the cash deposit
rate will be the rate applicable to the
Vietnamese exporter that supplied that
non-Vietnamese 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.
Notification to Interested Parties
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: June 23, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2020–14037 Filed 6–30–20; 8:45 am]
BILLING CODE 3510–DS–P
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230. For
information from the ITC, contact Mary
Messer, Office of Investigations, U.S.
International Trade Commission at (202)
205–3193.
DEPARTMENT OF COMMERCE
SUPPLEMENTARY INFORMATION:
International Trade Administration
Background
Initiation of Five-Year (Sunset)
Reviews
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In accordance with the Tariff
Act of 1930, as amended (the Act), the
Department of Commerce (Commerce) is
automatically initiating the five-year
reviews (Sunset Reviews) of the
antidumping and countervailing duty
(AD/CVD) order(s) listed below. The
International Trade Commission (the
ITC) is publishing concurrently with
this notice its notice of Institution of
Five-Year Reviews which covers the
same order(s).
DATES: Applicable July 1, 2020.
FOR FURTHER INFORMATION CONTACT:
Commerce official identified in the
Initiation of Review section below at
AD/CVD Operations, Enforcement and
Compliance, International Trade
AGENCY:
Commerce’s procedures for the
conduct of Sunset Reviews are set forth
in its Procedures for Conducting FiveYear (Sunset) Reviews of Antidumping
and Countervailing Duty Orders, 63 FR
13516 (March 20, 1998) and 70 FR
62061 (October 28, 2005). Guidance on
methodological or analytical issues
relevant to Commerce’s conduct of
Sunset Reviews is set forth in
Antidumping Proceedings: Calculation
of the Weighted-Average Dumping
Margin and Assessment Rate in Certain
Antidumping Duty Proceedings; Final
Modification, 77 FR 8101 (February 14,
2012).
Initiation of Review
In accordance with section 751(c) of
the Act and 19 CFR 351.218(c), we are
initiating the Sunset Reviews of the
following antidumping and
countervailing duty order(s): 1
DOC Case No.
ITC Case No.
Country
Product
A–570–891 .......
A–570–016 .......
731–TA–1059 ...
731–TA–1258 ...
China ................
China ................
C–570–017 .......
701–TA–522 .....
China Passenger Vehicle and Light
Truck Tires
(1st Review).
Hand Trucks (3rd Review) .........................
Passenger Vehicle and Light Truck Tires
(1st Review).
Jacqueline Arrowsmith, (202) 482–5255..
Filing Information
As a courtesy, we are making
information related to sunset
proceedings, including copies of the
pertinent statute and Commerce’s
regulations, Commerce’s schedule for
Sunset Reviews, a listing of past
revocations and continuations, and
current service lists, available to the
public on Commerce’s website at the
following address: https://
enforcement.trade.gov/sunset/. All
submissions in these Sunset Reviews
1 In the sunset initiation notice that published on
June 1, 2020, Commerce inadvertently listed the
wrong case number for the antidumping duty order
on Steel Nails from Malaysia. Initiation of Five-Year
(Sunset) Reviews, 85 FR 33088 (June 1, 2020). The
correct case number for Steel Nails from Malaysia
is A–557–816. This serves as a correction notice.
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01:53 Jul 01, 2020
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Commerce contact
Jacqueline Arrowsmith, (202) 482–5255.
Jacqueline Arrowsmith, (202) 482–5255
must be filed in accordance with
Commerce’s regulations regarding
format, translation, and service of
documents. These rules, including
electronic filing requirements via
Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS), can be found at 19 CFR
351.303.2
Any party submitting factual
information in an AD/CVD proceeding
must certify to the accuracy and
completeness of that information.3
Parties must use the certification
formats provided in 19 CFR 351.303(g).4
Commerce intends to reject factual
submissions if the submitting party does
not comply with applicable revised
certification requirements.
On April 10, 2013, Commerce
modified two regulations related to AD/
CVD proceedings: The definition of
factual information (19 CFR
351.102(b)(21)), and the time limits for
the submission of factual information
2 See also Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
3 See section 782(b) of the Act.
4 See also Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule). Answers to frequently asked
questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
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]]>Agencies
[Federal Register Volume 85, Number 127 (Wednesday, July 1, 2020)]
[Notices]
[Pages 39524-39526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14037]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-803]
Uncovered Innerspring Units From the Socialist Republic of
Vietnam: 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 sole company subject to this administrative review is part of
the Vietnam-wide entity because it did not file a separate rate
application (SRA). The period of review (POR) is December 1, 2018
through November 31, 2019. We invite interested parties to comment on
these preliminary results.
DATES: Applicable July 1, 2020.
FOR FURTHER INFORMATION CONTACT: Shanah Lee, AD/CVD Operations, Office
III, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-6386.
SUPPLEMENTARY INFORMATION:
Background
On December 6, 2019, Commerce published a notice of opportunity to
request an administrative review of the antidumping duty order on
uncovered innerspring units from the Socialist Republic of Vietnam
(Vietnam).\1\ In response, on December 31, 2019, Leggett & Platt,
Incorporated (the petitioner) requested a review of one company, Angkor
Spring Co., Ltd. (Angkor Spring).\2\ Commerce initiated a review of
this company on February 6, 2020.\3\ The deadline for interested
parties to submit an SRA or separate rate certification (SRC) was March
9, 2020.\4\ No party submitted an SRA or an SRC. On March 26, 2020,
Commerce placed U.S. Customs and Border Protection (CBP) data on the
record of this review demonstrating that there were no entries of
subject merchandise during the POR.\5\ We asked interested parties to
file comments on this data by April 2, 2020. The petitioner submitted
comments on the CBP data on April 2, 2020.\6\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 84 FR 66880 (December 6, 2019).
\2\ See Petitioner's Letter, ``Uncovered Innerspring Units from
the Socialist Republic of Vietnam: Request for Antidumping Duty
Administrative Review,'' dated December 31, 2019.
\3\ See Initiation of Antidumping Duty and Countervailing Duty
Administrative Reviews, 85 FR 6896 (February 6, 2020) (Initiation
Notice).
\4\ SRAs and SRCs were due thirty days from the publication of
Commerce's Initiation Notice. In this administrative review, the
deadline was March 7, 2020, a Saturday. Because the deadline fell on
a weekend, according to Commerce's ``Next Business Day'' rule, the
deadline was moved forward to the next business day, Monday, March
9, 2020. See Notice of Clarification: Application of ``Next Business
Day'' Rule for Administrative Determination Deadlines Pursuant to
the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005).
\5\ See Memorandum, ``2018-2019 Administrative Review of the
Antidumping Duty Order on Uncovered Innerspring Units from the
Socialist Republic of Vietnam,'' dated March 26, 2020.
\6\ See Petitioner's Letter, ``Uncovered Innerspring Units from
the Socialist Republic of Vietnam: Comments on CBP Data,'' dated
April 2, 2020.
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Scope of the Order
The merchandise subject to this 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
[[Page 39525]]
king) and units used in small constructions, such as crib and youth
mattresses. All uncovered innerspring units are included in the scope
regardless of width and length. Including within this definition are
innersprings typically raining from 30.5 inches to 76 inches in width
and 68 inches to 84 inches in length. Innerspring 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).\7\ The HTSUS subheadings are provided for
convenience and customs purposes only; the written description of the
scope of the order is dispositive.
---------------------------------------------------------------------------
\7\ Based on a recommendation by CBP, on September 15, 2017,
Commerce 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,'' dated September 15, 2017 (Barcode
3622582-01).
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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
Angkor Spring, the sole company subject to this review, did not
file an SRA. Thus, Commerce preliminarily determines that this company
has not demonstrated its eligibility for separate rate status. As such,
Commerce preliminarily determines that the company subject to this
review is part of the Vietnam-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.\8\
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. In this administrative review, no party requested a review
of the Vietnam-wide entity. Moreover, we have not self-initiated a
review of the Vietnam-wide entity. Because no review of the Vietnam-
wide entity is being conducted, the Vietnam-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 Vietnam-wide
entity rate is 116.31 percent.\9\
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\8\ 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).
\9\ See Antidumping Duty Order: Uncovered Innerspring Units from
the Socialist Republic of Vietnam, 73 FR 75391, 75392 (December 11,
2008).
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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 Duty and
Countervailing Duty Centralized Electronic Service System (ACCESS),
within 30 days after the date of publication of these preliminary
results of review.\10\ ACCESS is available to registered users at
https://access.trade.gov. Rebuttal briefs, limited to issues raised in
the case briefs, must be filed within seven days after the time limit
for filing case briefs.\11\ 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.\12\ Note that Commerce has temporarily modified certain
portions of its requirements for serving documents containing business
proprietary information, until July 17, 2020, unless extended.\13\
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\10\ See 19 CFR 351.309(c)(1)(ii).
\11\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006
(March 26, 2020) (``To provide adequate time for release of case
briefs via ACCESS, E&C intends to schedule the due date for all
rebuttal briefs to be 7 days after case briefs are filed (while
these modifications are in effect).''); and Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 29615 (May 18, 2020) (Temporary Rule).
\12\ See 19 CFR 351.309(c) and (d); see also 19 CFR 351.303 (for
general filing requirements).
\13\ See Temporary Rule.
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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.\14\ Requests should
contain: (1) The party's name, address, the 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.\15\ 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.
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\14\ See 19 CFR 351.310(c).
\15\ See 19 CFR 351.310(d).
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Assessment Rates
Upon issuance of the final results of this review, Commerce will
determine, and CBP will shall assess, antidumping duties on all
appropriate entries of subject merchandise covered by this review.\16\
We intend to instruct CBP to liquidate entries containing subject
merchandise exported by the company under review that we determine in
the final results to be part of the Vietnam-wide entity at the Vietnam-
wide entity rate of 116.31 percent. Commerce intends to issue
assessment instructions to CBP 15 days after the date of publication of
the final results of this review in the Federal Register.\17\
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\16\ See 19 CFR 351.212(b)(1).
\17\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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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 Vietnam 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 Vietnamese or non-Vietnamese exporters not
listed above that received a separate rate in a prior segment of this
proceeding, the cash
[[Page 39526]]
deposit rate will continue to be the existing exporter-specific rate;
(3) for all Vietnamese 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 Vietnam-wide entity (i.e., 116.31 percent); and
(4) for all non-Vietnamese exporters of subject merchandise which have
not received their own rate, the cash deposit rate will be the rate
applicable to the Vietnamese exporter that supplied that non-Vietnamese
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.
Notification to Interested Parties
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: June 23, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-14037 Filed 6-30-20; 8:45 am]
BILLING CODE 3510-DS-P
