Mattresses From the People's Republic of China: Preliminary Intent To Rescind the 2020 Antidumping Duty New Shipper Review, 11924-11925 [2021-04175]

Download as PDF 11924 Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Notices reviews.4 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.5 In administrative reviews of antidumping duty orders on merchandise from NME countries where a review of the NME entity has not been initiated, but where an individual exporter for which a review was initiated does not qualify for a separate rate, Commerce will issue a final decision indicating that the company in question is part of the NME entity. However, in that situation, because no review of the NME entity was conducted, the NME entity’s entries were not subject to the review and the rate for the NME entity is not subject to change as a result of that review (although the rate for the individual exporter may change as a function of the finding that the exporter is part of the NME entity). Following initiation of an antidumping administrative review when there is no review requested of the NME entity, Commerce will instruct CBP to liquidate entries for all exporters not named in the initiation notice, including those that were suspended at the NME entity rate. All requests must be filed electronically in Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS) on Enforcement and Compliance’s ACCESS website at https://access.trade.gov.6 Further, in accordance with 19 CFR 351.303(f)(l)(i), a copy of each request must be served on the petitioner and each exporter or producer specified in the request. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.7 Commerce will publish in the Federal Register a notice of ‘‘Initiation of Administrative Review of Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation’’ for requests received by the last day of 4 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). 5 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. 6 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). 7 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 41363 (July 10, 2020). VerDate Sep<11>2014 18:48 Feb 26, 2021 Jkt 253001 March 2021. If Commerce does not receive, by the last day of March 2021, a request for review of entries covered by an order, finding, or suspended investigation listed in this notice and for the period identified above, Commerce will instruct CBP to assess antidumping or countervailing duties on those entries at a rate equal to the cash deposit of estimated antidumping or countervailing duties required on those entries at the time of entry, or withdrawal from warehouse, for consumption and to continue to collect the cash deposit previously ordered. For the first administrative review of any order, there will be no assessment of antidumping or countervailing duties on entries of subject merchandise entered, or withdrawn from warehouse, for consumption during the relevant provisional-measures ‘‘gap’’ period of the order, if such a gap period is applicable to the period of review. This notice is not required by statute but is published as a service to the international trading community. Dated: February 18, 2021. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2021–04133 Filed 2–26–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–092] Mattresses From the People’s Republic of China: Preliminary Intent To Rescind the 2020 Antidumping Duty New Shipper Review Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: The Department of Commerce (Commerce) preliminarily finds that Shanghai Sunbeauty Trading Co., Ltd. (Sunbeauty) did not make a bona fide sale during the period of review (POR). Therefore, we preliminarily determine to rescind this new shipper review (NSR). SUMMARY: DATES: Applicable March 1, 2021. FOR FURTHER INFORMATION CONTACT: Jesse Montoya, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–8211. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 Background On July 31, 2020, Commerce published a notice of initiation of a new shipper review of the antidumping duty order on mattresses from the People’s Republic of China (China).1 Commerce subsequently issued an antidumping duty questionnaire, and supplemental questionnaires, to Sunbeauty and received timely responses. For additional background, see the Preliminary Decision Memorandum.2 Scope of the Order The merchandise covered by the order are all types of youth and adult mattresses from China. The products subject to the order are currently properly classifiable under Harmonized Tariff Schedule for the United States (HTSUS) subheadings: 9404.21.0010, 9404.21.0013, 9404.29.1005, 9404.29.1013, 9404.29.9085, and 9404.29.9087. Products subject to this order may also enter under HTSUS subheadings: 9404.21.0095, 9404.29.1095, 9404.29.9095, 9401.40.0000, and 9401.90.5081. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise subject to this order is dispositive. For a complete description of the scope of the order, see the Preliminary Decision Memorandum.3 Methodology Commerce is conducting this review in accordance with section 75l(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. A list of sections in the Preliminary Decision Memorandum is attached in the appendix to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/ frn/. The signed Preliminary Decision 1 See Mattresses from the People’s Republic of China: Initiation of Antidumping Duty New Shipper Review, 85 FR 46069 (July 31, 2020). 2 See Memorandum, ‘‘Decision Memorandum for the Preliminary Intent to Rescind the 2020 Antidumping Duty New Shipper Review of Mattresses from the People’s Republic of China,’’ issued concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 3 Id. E:\FR\FM\01MRN1.SGM 01MRN1 Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Notices Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. Preliminary Intent To Rescind the Antidumping Duty New Shipper Review As discussed in the Bona Fide Sales Analysis Memorandum,4 Commerce preliminarily finds Sunbeauty did not make a bona fide sale during the POR.5 Commerce reached this conclusion based on the totality of the circumstances, including, among other things, the sale price and quantity. Because Sunbeauty did not make any bona fide sales during the POR, we preliminarily determine to rescind this review.6 Because the factual information used in our bona fides analysis of Sunbeauty’s sale involves business proprietary information, a full discussion of our analysis is in the proprietary Bona Fide Sales Analysis Memorandum. Public Comment Interested parties are invited to comment on the preliminary results of this review. Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit case briefs no 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 no later than seven days after the time limit for filing case briefs.7 Parties who submit case briefs or rebuttal briefs in this proceeding are requested to submit with each brief: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.8 Executive summaries should be limited to five pages total, including footnotes.9 All submissions, with limited exceptions, must be filed electronically using ACCESS.10 Electronically filed comments must be received successfully in its entirety by Commerce’s electronic records system, ACCESS, by 5 p.m. Eastern Time on the due date. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business 4 See Memorandum, ‘‘2020 Antidumping Duty New Shipper Review of Mattresses from the People’s Republic of China: Preliminary Bona Fide Sales Analysis for Shanghai Sunbeauty Trading Co., Ltd.,’’ dated concurrently with this notice (Bona Fide Sales Analysis Memorandum). 5 The POR for this NSR is June 4, 2019, through May 31, 2020. 6 See 19 CFR 351.213(d)(3). 7 See 19 CFR 351.309(d)(1); see also Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020) (Temporary Rule). 8 See 19 CFR 351.309(c)(2) and (d)(2). 9 Id. 10 See 19 CFR 351.303. VerDate Sep<11>2014 18:48 Feb 26, 2021 Jkt 253001 proprietary information, until further notice.11 Pursuant to 19 CFR 351.310(c), any interested party may request a hearing within 30 days of the publication of this notice in the Federal Register. If a hearing is requested, Commerce will notify interested parties of the hearing date and time to be determined. Interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS 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 hearing participants; and (3) a list of the issues to be discussed in the hearing. Issues raised in the hearing will be limited to those raised in the respective case and rebuttal briefs. Commerce intends to issue the final results of this review, which will include the results of its analysis of issues raised in any briefs and rebuttal briefs received, no later than 90 days after the date these preliminary results of review are issued, pursuant to section 751(a)(2)(B) of the Act. Assessment Rates If Commerce issues a final rescission of this review, it intends to instruct U.S. Customs and Border Protection (CBP) to liquidate the relevant entry at the Chinawide rate. If Commerce does not proceed to a final rescission of this NSR, pursuant to 19 CFR 351.202(b)(1), it will calculate an importer-specific assessment rate based on the final results of this review. However, pursuant to Commerce’s refinement to its assessment practice in non-market economy cases, for entries that were not reported in the U.S. sales database submitted by Sunbeauty, Commerce intends to instruct CBP to liquidate such entries at the China-wide rate.12 Cash Deposit Requirements If Commerce proceeds to a final rescission of this review, the cash deposit rate will continue to be the China-wide rate for Sunbeauty because Commerce will not have determined an individual weighted-average dumping margin for Sunbeauty. If Commerce determines an individual weightedaverage dumping margin for Sunbeauty, it intends to instruct CBP to collect cash deposits, effective upon the publication of the final results of review, equal to 11 See Temporary Rule. Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694, 65694–95 (October 24, 2011). 12 See PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 11925 the calculated weighted-average dumping margin. Notification to Importers This notice also serves as a preliminary 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. Notification to Interested Parties We are issuing and publishing these results in accordance with sections 751(a)(2)(B) and 777(i)(1) of the Act. Dated: February 18, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. Appendix List of Issues Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Methodology V. Conclusion [FR Doc. 2021–04175 Filed 2–26–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Review Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: Background Every five years, pursuant to the Tariff Act of 1930, as amended (the Act), the Department of Commerce (Commerce) and the International Trade Commission automatically initiate and conduct reviews to determine whether revocation of a countervailing or antidumping duty order or termination of an investigation suspended under section 704 or 734 of the Act would be likely to lead to continuation or recurrence of dumping or a countervailable subsidy (as the case may be) and of material injury. E:\FR\FM\01MRN1.SGM 01MRN1

Agencies

[Federal Register Volume 86, Number 38 (Monday, March 1, 2021)]
[Notices]
[Pages 11924-11925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04175]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-092]


Mattresses From the People's Republic of China: Preliminary 
Intent To Rescind the 2020 Antidumping Duty New Shipper Review

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

SUMMARY: The Department of Commerce (Commerce) preliminarily finds that 
Shanghai Sunbeauty Trading Co., Ltd. (Sunbeauty) did not make a bona 
fide sale during the period of review (POR). Therefore, we 
preliminarily determine to rescind this new shipper review (NSR).

DATES: Applicable March 1, 2021.

FOR FURTHER INFORMATION CONTACT: Jesse Montoya, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW, 
Washington, DC 20230; telephone: (202) 482-8211.

SUPPLEMENTARY INFORMATION: 

Background

    On July 31, 2020, Commerce published a notice of initiation of a 
new shipper review of the antidumping duty order on mattresses from the 
People's Republic of China (China).\1\ Commerce subsequently issued an 
antidumping duty questionnaire, and supplemental questionnaires, to 
Sunbeauty and received timely responses. For additional background, see 
the Preliminary Decision Memorandum.\2\
---------------------------------------------------------------------------

    \1\ See Mattresses from the People's Republic of China: 
Initiation of Antidumping Duty New Shipper Review, 85 FR 46069 (July 
31, 2020).
    \2\ See Memorandum, ``Decision Memorandum for the Preliminary 
Intent to Rescind the 2020 Antidumping Duty New Shipper Review of 
Mattresses from the People's Republic of China,'' issued 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the order are all types of youth and 
adult mattresses from China. The products subject to the order are 
currently properly classifiable under Harmonized Tariff Schedule for 
the United States (HTSUS) subheadings: 9404.21.0010, 9404.21.0013, 
9404.29.1005, 9404.29.1013, 9404.29.9085, and 9404.29.9087. Products 
subject to this order may also enter under HTSUS subheadings: 
9404.21.0095, 9404.29.1095, 9404.29.9095, 9401.40.0000, and 
9401.90.5081. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the 
merchandise subject to this order is dispositive. For a complete 
description of the scope of the order, see the Preliminary Decision 
Memorandum.\3\
---------------------------------------------------------------------------

    \3\ Id.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this review in accordance with section 
75l(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), and 19 
CFR 351.214. For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. A list of 
sections in the Preliminary Decision Memorandum is attached in the 
appendix to this notice. The Preliminary Decision Memorandum is a 
public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed Preliminary Decision

[[Page 11925]]

Memorandum and the electronic version of the Preliminary Decision 
Memorandum are identical in content.

Preliminary Intent To Rescind the Antidumping Duty New Shipper Review

    As discussed in the Bona Fide Sales Analysis Memorandum,\4\ 
Commerce preliminarily finds Sunbeauty did not make a bona fide sale 
during the POR.\5\ Commerce reached this conclusion based on the 
totality of the circumstances, including, among other things, the sale 
price and quantity. Because Sunbeauty did not make any bona fide sales 
during the POR, we preliminarily determine to rescind this review.\6\ 
Because the factual information used in our bona fides analysis of 
Sunbeauty's sale involves business proprietary information, a full 
discussion of our analysis is in the proprietary Bona Fide Sales 
Analysis Memorandum.
---------------------------------------------------------------------------

    \4\ See Memorandum, ``2020 Antidumping Duty New Shipper Review 
of Mattresses from the People's Republic of China: Preliminary Bona 
Fide Sales Analysis for Shanghai Sunbeauty Trading Co., Ltd.,'' 
dated concurrently with this notice (Bona Fide Sales Analysis 
Memorandum).
    \5\ The POR for this NSR is June 4, 2019, through May 31, 2020.
    \6\ See 19 CFR 351.213(d)(3).
---------------------------------------------------------------------------

Public Comment

    Interested parties are invited to comment on the preliminary 
results of this review. Pursuant to 19 CFR 351.309(c)(1)(ii), 
interested parties may submit case briefs no 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 no later than seven days 
after the time limit for filing case briefs.\7\ Parties who submit case 
briefs or rebuttal briefs in this proceeding are requested to submit 
with each brief: (1) A statement of the issue; (2) a brief summary of 
the argument; and (3) a table of authorities.\8\ Executive summaries 
should be limited to five pages total, including footnotes.\9\ All 
submissions, with limited exceptions, must be filed electronically 
using ACCESS.\10\ Electronically filed comments must be received 
successfully in its entirety by Commerce's electronic records system, 
ACCESS, by 5 p.m. Eastern Time on the due date. Note that Commerce has 
temporarily modified certain of its requirements for serving documents 
containing business proprietary information, until further notice.\11\
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.309(d)(1); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19; Extension of Effective 
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
    \8\ See 19 CFR 351.309(c)(2) and (d)(2).
    \9\ Id.
    \10\ See 19 CFR 351.303.
    \11\ See Temporary Rule.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), any interested party may request a 
hearing within 30 days of the publication of this notice in the Federal 
Register. If a hearing is requested, Commerce will notify interested 
parties of the hearing date and time to be determined. Interested 
parties who wish to request a hearing must submit a written request to 
the Assistant Secretary for Enforcement and Compliance, filed 
electronically via ACCESS 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 hearing participants; and (3) a 
list of the issues to be discussed in the hearing. Issues raised in the 
hearing will be limited to those raised in the respective case and 
rebuttal briefs.
    Commerce intends to issue the final results of this review, which 
will include the results of its analysis of issues raised in any briefs 
and rebuttal briefs received, no later than 90 days after the date 
these preliminary results of review are issued, pursuant to section 
751(a)(2)(B) of the Act.

Assessment Rates

    If Commerce issues a final rescission of this review, it intends to 
instruct U.S. Customs and Border Protection (CBP) to liquidate the 
relevant entry at the China-wide rate.
    If Commerce does not proceed to a final rescission of this NSR, 
pursuant to 19 CFR 351.202(b)(1), it will calculate an importer-
specific assessment rate based on the final results of this review. 
However, pursuant to Commerce's refinement to its assessment practice 
in non-market economy cases, for entries that were not reported in the 
U.S. sales database submitted by Sunbeauty, Commerce intends to 
instruct CBP to liquidate such entries at the China-wide rate.\12\
---------------------------------------------------------------------------

    \12\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011).
---------------------------------------------------------------------------

Cash Deposit Requirements

    If Commerce proceeds to a final rescission of this review, the cash 
deposit rate will continue to be the China-wide rate for Sunbeauty 
because Commerce will not have determined an individual weighted-
average dumping margin for Sunbeauty. If Commerce determines an 
individual weighted-average dumping margin for Sunbeauty, it intends to 
instruct CBP to collect cash deposits, effective upon the publication 
of the final results of review, equal to the calculated weighted-
average dumping margin.

Notification to Importers

    This notice also serves as a preliminary 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.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(2)(B) and 777(i)(1) of the Act.

    Dated: February 18, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Issues Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Conclusion

[FR Doc. 2021-04175 Filed 2-26-21; 8:45 am]
BILLING CODE 3510-DS-P