Uncovered Innerspring Units From the People's Republic of China: Preliminary Determination of No Shipments; 2020-2021, 61133-61135 [2021-24227]
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Federal Register / Vol. 86, No. 212 / Friday, November 5, 2021 / Notices
jspears on DSK121TN23PROD with NOTICES1
shall assess, antidumping duties on all
appropriate entries covered by this
review.30 Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
As discussed above, we are rescinding
the review with respect to eleven
companies, including the mandatory
respondents. For the companies that
were not selected for individual
examination but did not file no
shipment certifications, upon issuance
of the final results, we will instruct CBP
to assess antidumping duties at an ad
valorem rate equal to the non-selected
rate, which we preliminarily determine
to be 7.89 percent, as described above.
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by each respondent
which did not know that its
merchandise was destined for the
United States, and for all the companies
for which we reach final findings of no
shipments, we will instruct CBP to
liquidate entries not reviewed at the allothers rate established in the original
less-than-fair value (LTFV) investigation
(i.e., 19.50 percent) if there is no rate for
the intermediate company(ies) involved
in the transaction.
Cash Deposit Requirements
The following cash deposit
requirements will be in effect for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for the companies
receiving the non-selected rate will be
the rate established in the final results
of this review, (except if the rate is de
minimis within the meaning of 19 CFR
351.106(c)(1), in which case the cash
deposit rate will be zero); (2) For
merchandise exported by manufacturers
or exporters not covered in this review
but covered in a prior segment of the
proceeding, the cash deposit rate will
continue to be the company-specific rate
published for the most recentlycompleted segment; (3) if the exporter is
not a firm covered in a prior review, or
the original investigation, but the
30 See
19 CFR 351.212(b).
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61133
manufacturer is, then the cash deposit
rate will be the rate established for the
most recently completed segment for the
manufacturer of the merchandise; and
(4) the cash deposit rate for all other
manufacturers or exporters will
continue to be 19.50 percent, the allothers cash deposit rate established in
the Final Determination of the less than
fair value investigation of solar products
from Taiwan.31 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
through January 31, 2021. We invite
interested parties to comment on these
preliminary results.
DATES: Applicable November 5, 2021.
FOR FURTHER INFORMATION CONTACT:
Christopher Maciuba, 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) 482–0413.
SUPPLEMENTARY INFORMATION:
Notification to Importers
Background
On February 2, 2021, Commerce
published in the Federal Register 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)
for the POR.1 On April 1, 2021, in
response to a timely request from
Leggett & Platt, Incorporated (the
petitioner),2 and in accordance with
section 751(a) of the Tariff Act of 1930,
as amended (the Act), and 19 CFR
351.221(c)(1)(i), we initiated an
administrative review of the Order with
respect to Comfort Coil.3
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) 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 this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213(h)(1) and 351.221(b)(4).
Dated: November 1, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
[FR Doc. 2021–24257 Filed 11–4–21; 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:
Preliminary Determination of No
Shipments; 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that Comfort Coil Technology Sdn. Bhd.
(Comfort Coil), the only company
subject to review, had no shipments of
subject merchandise during the period
of review (POR), February 1, 2020,
AGENCY:
31 See Certain Crystalline Silicon Photovoltaic
Products from Taiwan: Final Determination of Sales
at Less Than Fair Value, 79 FR 76966 (December
23, 2014).
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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
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 86 FR 7855
(February 2, 2021); see also Uncovered Innerspring
Units from the People’s Republic of China: Notice
of Antidumping Duty Order, 74 FR 7661 (February
19, 2009) (Order).
2 See Petitioner’s Letter, ‘‘Uncovered Innerspring
Units from the People’s Republic of China: Request
for 2020–2021 Antidumping Duty Administrative
Review,’’ dated March 1, 2021.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
17124 (April 1, 2021).
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Federal Register / Vol. 86, No. 212 / Friday, November 5, 2021 / Notices
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).4 The HTSUS subheadings are
provided for convenience and customs
purposes only; the written description
of the scope of the Order is dispositive.
jspears on DSK121TN23PROD with NOTICES1
Preliminary Determination of No
Shipments
On April 23, 2021, we released the
U.S. Customs and Border Protection
(CBP) entry data of subject merchandise
exported to the United States by
Comfort Coil during the POR.5 This
query returned no entries during the
POR.6 Thereafter, we received a timely
submission from Comfort Coil certifying
that it did not have sales, shipments, or
exports of subject merchandise to the
United States during the POR.7 We
submitted a no-shipments inquiry to
CBP with regard to Comfort Coil, to
which CBP responded that it found no
shipments of subject merchandise by
Comfort Coil during the POR.8
4 Based on a recommendation by CBP, on
September 6, 2017, Commerce added HTS
7326.20.0090 to the scope. See Memorandum,
‘‘Request from Customs and Border Protection to
Updated 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.
5 See Memorandum, ‘‘U.S. Customs and Border
Protection Data Query,’’ dated April 23, 2021.
6 Id. at Attachment 1.
7 See Comfort Coil’s Letter, ‘‘Uncovered
Innerspring Units from the People’s Republic of
China—No Sales Certification,’’ dated April 27,
2021.
8 See Memorandum, ‘‘Uncovered Innerspring
Units from the People’s Republic of China (A–570–
928); No shipment inquiry with respect to Comfort
Coil Technology Sdn. Bhd., during the period 02/
01/2020 through 01/31/2021,’’ dated August 10,
2021. After the initial release of the CBP data, the
petitioner requested that Commerce issue its
standard questionnaire to Comfort Coil, despite the
CBP data revealing no POR shipments of subject
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Accordingly, and consistent with our
practice, we preliminarily determine
that Comfort Coil had no shipments
and, therefore, no reviewable entries, of
subject merchandise during the POR. In
addition, we find it is not appropriate to
rescind the review with respect to this
company, but rather, to complete the
review with respect to Comfort Coil and
issue appropriate instructions to CBP
based on the final results of the review,
consistent with our practice in nonmarket economy (NME) cases.9
China-Wide Entity
Commerce’s policy regarding
conditional review of the China-wide
entity applies to this administrative
review.10 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 we
did not self-initiate a review, the Chinawide entity rate (i.e., 234.51 percent) is
not subject to change as a result of this
review.11 Aside from Comfort Coil, we
did not receive a review request for any
other company.
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.12
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
merchandise. See Petitioner’s Letter, ‘‘Uncovered
Innerspring Units from the People’s Republic of
China: Comments on US Customs and Border
Protection Entry Data Results,’’ dated April 30,
2021. However, absent record evidence from CBP
(or any other source) calling into question the initial
entry data, or the results of the subsequent noshipment inquiry to CBP, there is no basis to issue
the antidumping duty questionnaire to Comfort Coil
here. Moreover, and as noted below, Commerce will
complete the review with respect to Comfort Coil.
9 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–95 (October 24, 2011); see also the
‘‘Assessment Rates’’ section, below.
10 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).
11 See Order, 74 FR at 7662.
12 See 19 CFR 351.309(c)(1)(ii).
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briefs.13 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.14 Note that Commerce has
temporarily modified certain portions of
its requirements for serving documents
containing business proprietary
information, until further notice.15
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.16
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.17 Parties are reminded that all
briefs and hearing requests must be filed
electronically using ACCESS and
received successfully in their entirety by
5:00 p.m. Eastern Time on the due date.
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 assess, antidumping
duties on all appropriate entries covered
by this review.18 Commerce intends to
issue assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication). Pursuant
to Commerce’s practice in NME cases, if
we continue to determine in the final
results that Comfort Coil had no
13 See 19 CFR 351.309(d)(1) and (2); 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).
14 See 19 CFR 351.309(c) and (d); see also 19 CFR
351.303 (for general filing requirements).
15 See Temporary Rule.
16 See 19 CFR 351.310(c).
17 See 19 CFR 310(d).
18 See 19 CFR 351.212(b)(1).
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Federal Register / Vol. 86, No. 212 / Friday, November 5, 2021 / Notices
shipments of subject merchandise, any
suspended entries of subject
merchandise during the POR from
Comfort Coil will be liquidated at the
China-wide rate, 234.51 percent.19
DEPARTMENT OF COMMERCE
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 of the final results of review, as
provided for by section 751(a)(2)(C) of
the Act: (1) For previously investigated
or reviewed Chinese and non-Chinese
exporters who are 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 China-wide
rate of 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 Chinese
exporter(s) that supplied that nonChinese exporter. These deposit
requirements, when imposed, shall
remain in effect until further notice.
Certain Walk-Behind Snow Throwers
and Parts Thereof From the People’s
Republic of China: Preliminary
Affirmative Determination of Sales at
Less Than Fair Value, Postponement
of Final Determination, and Extension
of Provisional Measures
Notification to Importers
This notice also serves as a 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 POR. 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.
jspears on DSK121TN23PROD with NOTICES1
Notification to Interested Parties
These preliminary results of review
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act and 19 CFR 351.221(b)(4).
Dated: November 1, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
[FR Doc. 2021–24227 Filed 11–4–21; 8:45 am]
BILLING CODE 3510–DS–P
19 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011); and Order, 74 FR at 7662.
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Jkt 256001
International Trade Administration
[A–570–141]
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that certain walk-behind snow throwers
and parts thereof (snow throwers) from
the People’s Republic of China (China)
are being, or are likely to be, sold in the
United States at less than fair value
(LTFV). The period of investigation
(POI) is July 1, 2020, through December
31, 2020. Interested parties are invited
to comment on this preliminary
determination.
DATES: Applicable November 5, 2021.
FOR FURTHER INFORMATION CONTACT:
Laurel LaCivita or Brendan Quinn, 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) 482–4243 or (202) 482–5848,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on April 26, 2021.1 On August 20, 2021,
Commerce postponed the preliminary
determination of this investigation, and
the revised deadline is now October 26,
2021.2 For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.3 A list of topics
1 See Certain Walk-Behind Snow Throwers and
Parts Thereof from the People’s Republic of China:
Initiation of Less-Than-Fair-Value Investigation, 86
FR 22026 (April 26, 2021) (Initiation Notice).
2 See Certain Walk-Behind Snow Throwers and
Parts Thereof from the People’s Republic of China:
Postponement of Preliminary Determination in the
Less-Than-Fair-Value Investigation, 86 FR 46825
(August 20, 2021).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Certain Walk-Behind
Snow Throwers and Parts Thereof from the People’s
Republic of China,’’ dated concurrently with, and
hereby adopted by this notice (Preliminary Decision
Memorandum).
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61135
included in the Preliminary Decision
Memorandum is included as Appendix
II 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 https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Investigation
The products covered by this
investigation are snow throwers from
China. For a complete description of the
scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).5 MTD Products
Inc. (the petitioner) commented on the
scope of the investigation, requesting
the addition of exclusion language to
the scope as it appeared in the Initiation
Notice.6 Thus, Commerce preliminarily
modified the scope language as it
appeared in the Initiation Notice to
include the requested language in the
companion countervailing duty (CVD)
preliminary determination.7 See the
revised scope in Appendix I to this
notice and accompanying Preliminary
Decision Memorandum for further
discussion.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce has
calculated export prices in accordance
with section 772(a) of the Act. Because
China is a non-market economy, within
the meaning of section 771(18) of the
Act, Commerce has calculated normal
value in accordance with section 773(c)
of the Act. In addition, pursuant to
sections 776(a) and (b) of the Act,
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice, 86 FR at 22027.
6 See Petitioner’s Letter, ‘‘Antidumping and
Countervailing Duty Investigations of Certain WalkBehind Snow Throwers from the People’s Republic
of China: Scope Comments,’’ dated May 10, 2021.
7 See Certain Walk-Behind Snow Throwers and
Parts Thereof from the People’s Republic of China:
Preliminary Affirmative Countervailing Duty
Determination and Alignment of Final
Determination With Final Antidumping Duty
Determination, 86 FR 50696, 50698 (September 10,
2021).
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]]>Agencies
[Federal Register Volume 86, Number 212 (Friday, November 5, 2021)]
[Notices]
[Pages 61133-61135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24227]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-928]
Uncovered Innerspring Units From the People's Republic of China:
Preliminary Determination of No Shipments; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Comfort Coil Technology Sdn. Bhd. (Comfort Coil), the only company
subject to review, had no shipments of subject merchandise during the
period of review (POR), February 1, 2020, through January 31, 2021. We
invite interested parties to comment on these preliminary results.
DATES: Applicable November 5, 2021.
FOR FURTHER INFORMATION CONTACT: Christopher Maciuba, 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) 482-0413.
SUPPLEMENTARY INFORMATION:
Background
On February 2, 2021, Commerce published in the Federal Register 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) for the POR.\1\ On April 1,
2021, in response to a timely request from Leggett & Platt,
Incorporated (the petitioner),\2\ and in accordance with section 751(a)
of the Tariff Act of 1930, as amended (the Act), and 19 CFR
351.221(c)(1)(i), we initiated an administrative review of the Order
with respect to Comfort Coil.\3\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 86 FR 7855 (February 2, 2021); see also Uncovered
Innerspring Units from the People's Republic of China: Notice of
Antidumping Duty Order, 74 FR 7661 (February 19, 2009) (Order).
\2\ See Petitioner's Letter, ``Uncovered Innerspring Units from
the People's Republic of China: Request for 2020-2021 Antidumping
Duty Administrative Review,'' dated March 1, 2021.
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 17124 (April 1, 2021).
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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
[[Page 61134]]
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).\4\ The HTSUS subheadings are provided for
convenience and customs purposes only; the written description of the
scope of the Order is dispositive.
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\4\ Based on a recommendation by CBP, on September 6, 2017,
Commerce added HTS 7326.20.0090 to the scope. See Memorandum,
``Request from Customs and Border Protection to Updated 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.
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Preliminary Determination of No Shipments
On April 23, 2021, we released the U.S. Customs and Border
Protection (CBP) entry data of subject merchandise exported to the
United States by Comfort Coil during the POR.\5\ This query returned no
entries during the POR.\6\ Thereafter, we received a timely submission
from Comfort Coil certifying that it did not have sales, shipments, or
exports of subject merchandise to the United States during the POR.\7\
We submitted a no-shipments inquiry to CBP with regard to Comfort Coil,
to which CBP responded that it found no shipments of subject
merchandise by Comfort Coil during the POR.\8\
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\5\ See Memorandum, ``U.S. Customs and Border Protection Data
Query,'' dated April 23, 2021.
\6\ Id. at Attachment 1.
\7\ See Comfort Coil's Letter, ``Uncovered Innerspring Units
from the People's Republic of China--No Sales Certification,'' dated
April 27, 2021.
\8\ See Memorandum, ``Uncovered Innerspring Units from the
People's Republic of China (A-570-928); No shipment inquiry with
respect to Comfort Coil Technology Sdn. Bhd., during the period 02/
01/2020 through 01/31/2021,'' dated August 10, 2021. After the
initial release of the CBP data, the petitioner requested that
Commerce issue its standard questionnaire to Comfort Coil, despite
the CBP data revealing no POR shipments of subject merchandise. See
Petitioner's Letter, ``Uncovered Innerspring Units from the People's
Republic of China: Comments on US Customs and Border Protection
Entry Data Results,'' dated April 30, 2021. However, absent record
evidence from CBP (or any other source) calling into question the
initial entry data, or the results of the subsequent no-shipment
inquiry to CBP, there is no basis to issue the antidumping duty
questionnaire to Comfort Coil here. Moreover, and as noted below,
Commerce will complete the review with respect to Comfort Coil.
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Accordingly, and consistent with our practice, we preliminarily
determine that Comfort Coil had no shipments and, therefore, no
reviewable entries, of subject merchandise during the POR. In addition,
we find it is not appropriate to rescind the review with respect to
this company, but rather, to complete the review with respect to
Comfort Coil and issue appropriate instructions to CBP based on the
final results of the review, consistent with our practice in non-market
economy (NME) cases.\9\
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\9\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011); see
also the ``Assessment Rates'' section, below.
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China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\10\ 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 we did not self-initiate a review, the China-wide entity rate
(i.e., 234.51 percent) is not subject to change as a result of this
review.\11\ Aside from Comfort Coil, we did not receive a review
request for any other company.
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\10\ 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).
\11\ See Order, 74 FR at 7662.
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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.\12\ 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.\13\ 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.\14\ Note that Commerce has temporarily modified certain
portions of its requirements for serving documents containing business
proprietary information, until further notice.\15\
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\12\ See 19 CFR 351.309(c)(1)(ii).
\13\ See 19 CFR 351.309(d)(1) and (2); 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).
\14\ See 19 CFR 351.309(c) and (d); see also 19 CFR 351.303 (for
general filing requirements).
\15\ 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.\16\ 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.\17\ Parties are reminded that all briefs and hearing requests
must be filed electronically using ACCESS and received successfully in
their entirety by 5:00 p.m. Eastern Time on the due date.
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\16\ See 19 CFR 351.310(c).
\17\ See 19 CFR 310(d).
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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 assess, antidumping duties on all appropriate
entries covered by this review.\18\ Commerce intends to issue
assessment instructions to CBP no earlier than 35 days after the date
of publication of the final results of this review in the Federal
Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication). Pursuant to Commerce's practice in NME cases, if we
continue to determine in the final results that Comfort Coil had no
[[Page 61135]]
shipments of subject merchandise, any suspended entries of subject
merchandise during the POR from Comfort Coil will be liquidated at the
China-wide rate, 234.51 percent.\19\
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\18\ See 19 CFR 351.212(b)(1).
\19\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011); and Order, 74 FR at 7662.
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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 of the
final results of review, as provided for by section 751(a)(2)(C) of the
Act: (1) For previously investigated or reviewed Chinese and non-
Chinese exporters who are 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 China-wide rate of 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 Chinese
exporter(s) 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 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. 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
These preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.221(b)(4).
Dated: November 1, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2021-24227 Filed 11-4-21; 8:45 am]
BILLING CODE 3510-DS-P
