Uncovered Innerspring Units From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022, 64435-64437 [2022-23137]
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khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 87, No. 205 / Tuesday, October 25, 2022 / Notices
Second, no person may, directly or
indirectly, do any of the following:
A. Export, reexport, or transfer (incountry) to or on behalf of the Denied
Person any item subject to the
Regulations;
B. Take any action that facilitates the
acquisition or attempted acquisition by
the Denied Person of the ownership,
possession, or control of any item
subject to the Regulations that has been
or will be exported from the United
States, including financing or other
support activities related to a
transaction whereby the Denied Person
acquires or attempts to acquire such
ownership, possession or control;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from the Denied Person of
any item subject to the Regulations that
has been exported from the United
States;
D. Obtain from the Denied Person in
the United States any item subject to the
Regulations with knowledge or reason
to know that the item will be, or is
intended to be, exported from the
United States; or
E. Engage in any transaction to service
any item subject to the Regulations that
has been or will be exported from the
United States and which is owned,
possessed or controlled by the Denied
Person, or service any item, of whatever
origin, that is owned, possessed or
controlled by the Denied Person if such
service involves the use of any item
subject to the Regulations that has been
or will be exported from the United
States. For purposes of this paragraph,
servicing means installation,
maintenance, repair, modification or
testing.
Third, pursuant to Section 1760(e) of
ECRA and sections 766.23 and 766.25 of
the Regulations, any other person, firm,
corporation, or business organization
related to Delgadillo by ownership,
control, position of responsibility,
affiliation, or other connection in the
conduct of trade or business may also be
made subject to the provisions of this
Order in order to prevent evasion of this
Order.
Fourth, in accordance with part 756 of
the Regulations, Delgadillo may file an
appeal of this Order with the Under
Secretary of Commerce for Industry and
Security. The appeal must be filed
within 45 days from the date of this
Order and must comply with the
provisions of part 756 of the
Regulations.
Fifth, a copy of this Order shall be
delivered to Delgadillo and shall be
published in the Federal Register.
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16:52 Oct 24, 2022
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Sixth, this Order is effective
immediately and shall remain in effect
until October 9, 2029.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2022–23181 Filed 10–24–22; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–928]
Uncovered Innerspring Units From the
People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review; 2021–
2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is conducting an
administrative review of the
antidumping duty order on uncovered
innerspring units (innersprings) from
the People’s Republic of China (China).
The period of review (POR) is February
1, 2021, through January 31, 2022.
Commerce preliminarily determines
that the two companies under review,
Bomei Tex Ltd. (Bomei) and Saffron
Living Co., Ltd. (Saffron Living), are part
of the China-wide entity. We invite
interested parties to comment on these
preliminary results.
DATES: Applicable October 25, 2022.
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:
AGENCY:
Background
On February 8, 2022, Commerce
published in the Federal Register a
notice of opportunity to request an
administrative review of the
antidumping duty order on innersprings
from China for the POR.1 On April 12,
2022, in response to a timely request
from Leggett & Platt, Incorporated (the
petitioner),2 and in accordance with
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review and Join Annual
Inquiry Service List, 87 FR 7112 (February 8, 2022);
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, ‘‘Request for 2021–2022
Antidumping Duty Administrative Review,’’ dated
February 28, 2022.
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64435
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 Bomei and Saffron Living.3
On April 21, 2022, we provided U.S.
Customs and Border Protection (CBP)
entry data under administrative
protective order (APO) to all interested
parties having APO access and invited
parties to submit comments by April 28,
2022.4 No party filed comments. The
deadline for interested parties to submit
a no-shipment certification, separate
rate application (SRA), or separate rate
certification (SRC) was May 12, 2022.5
No party submitted a no-shipment
certification, SRA, or SRC.
Scope of the Order
The merchandise subject to the Order
is uncovered innerspring units
composed of a series of individual metal
springs joined together in sizes
corresponding to the sizes of adult
mattresses (e.g., twin, twin long, full,
full long, queen, California king and
king) and units used in smaller
constructions, such as crib and youth
mattresses. All uncovered innerspring
units are included in the scope
regardless of width and length. Included
within this definition are innersprings
typically ranging from 30.5 inches to 76
inches in width and 68 inches to 84
inches in length. Innersprings for crib
mattresses typically range from 25
inches to 27 inches in width and 50
inches to 52 inches in length.
Uncovered innerspring units are
suitable for use as the innerspring
component in the manufacture of
innerspring mattresses, including
mattresses that incorporate a foam
encasement around the innerspring.
Pocketed and non-pocketed
innerspring units are included in this
definition. Non-pocketed innersprings
are typically joined together with helical
wire and border rods. Non-pocketed
innersprings are included in this
definition regardless of whether they
have border rods attached to the
perimeter of the innerspring. Pocketed
innersprings are individual coils
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
21619 (April 12, 2022). (Initiation Notice).
4 See Memorandum, ‘‘U.S. Customs and Border
Protection Data Query,’’ dated April 21, 2022.
5 See Initiation Notice, 87 FR at 21619–20 (‘‘With
respect to antidumping administrative reviews, if a
producer or exporter named in this notice of
initiation had no exports, sales, or entries during
the period of review (POR), it must notify
Commerce within 30 days of publication of this
notice in the Federal Register. . . . Separate Rate
Certifications . . . {and} . . . Separate Rate
Applications are due to Commerce no later than 30
calendar days after publication of this Federal
Register notice.’’).
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Federal Register / Vol. 87, No. 205 / Tuesday, October 25, 2022 / Notices
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).
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
administrative review in accordance
with section 751(a)(1)(B) of the Act and
19 CFR 351.213.
Preliminary Results of Review
khammond on DSKJM1Z7X2PROD with NOTICES
The companies subject to this review,
i.e., Bomei and Saffron Living, did not
file no-shipment certifications, SRAs, or
SRCs. Thus, Commerce preliminarily
determines that these companies have
not demonstrated their eligibility for
separate rate status. As such, Commerce
also preliminarily determines that the
companies are part of the China-wide
entity.
In addition, Commerce no longer
considers the non-market economy
(NME) entity as an exporter
conditionally subject to an antidumping
duty administrative review.6
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.7 In this administrative review, no
party requested a review of the Chinawide entity and we have not selfinitiated a review of the China-wide
entity. Because no review of the Chinawide entity is being conducted, the
China-wide entity’s entries are not
subject to the review and the rate
applicable to the NME entity is not
subject to change as a result of this
review. The China-wide entity rate is
234.51 percent.8
6 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Non-Market Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963, 65970 (November 4, 2013).
7 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 requests.
8 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, 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. 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.9 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.10 Executive
summaries should be limited to five
pages total, including footnotes. Note
that Commerce has temporarily
modified certain portions of its
requirements for serving documents
containing business proprietary
information, until further notice.11
Interested parties who wish to request
a hearing must submit a written request
to Commerce within 30 days of the date
of publication of this notice.12 Requests
should contain: (1) the party’s name,
address, and telephone number; (2) the
number of participants; and (3) a list of
issues to be discussed. Issues raised in
the hearing will be limited to those
raised in the respective case and
rebuttal briefs. If a request for a hearing
is made, parties will be notified of the
time and date for the hearing to be
held.13
Commerce intends to issue the final
results of this administrative review,
which will include the results of our
analysis of all issues raised in the case
briefs, within 120 days of publication of
these preliminary results in the Federal
Register, unless extended, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results of
this review, Commerce will determine,
and CBP will assess, antidumping
duties on all appropriate entries covered
by this review.14 If these preliminary
results are unchanged for the final
9 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).
10 See 19 CFR 351.309(c) and (d); see also 19 CFR
351.303 (for general filing requirements).
11 See Temporary Rule.
12 See 19 CFR 351.310(c).
13 See 19 CFR 310(d).
14 See 19 CFR 351.212(b)(1).
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results of review, we intend to instruct
CBP to liquidate entries of subject
merchandise exported by Bomei and
Saffron Living at the China-wide entity
rate of 234.51 percent.
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).
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
(including Bomei and Saffron Living),
the cash deposit rate will be the Chinawide 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.
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
These preliminary results of review
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
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Federal Register / Vol. 87, No. 205 / Tuesday, October 25, 2022 / Notices
the Act, and 19 CFR 351.213(h) and
351.221(b)(4).
Dated: October 18, 2022.
Lisa W. Wang,
Assistant Secretary, for Enforcement and
Compliance.
[FR Doc. 2022–23137 Filed 10–24–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–803]
Light-Walled Welded Rectangular
Carbon Steel Tubing From Taiwan:
Final Results of the Expedited Sunset
Review of the Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this expedited
sunset review, the U.S. Department of
Commerce (Commerce) finds that
revocation of the antidumping duty
(AD) order on light-walled welded
rectangular carbon steel tubing (LWR
tubing) from Taiwan would be likely to
lead to continuation or recurrence of
dumping at the level indicated in the
‘‘Final Results of Sunset Review’’
section of this notice.
DATES: Applicable October 25, 2022.
FOR FURTHER INFORMATION CONTACT:
Claudia Cott, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4270.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
khammond on DSKJM1Z7X2PROD with NOTICES
On March 27, 1989, Commerce
published its AD order on LWR tubing
from Taiwan.1 On August 9, 2017,
Commerce published the most recent
continuation notice of the Order.2 On
July 1, 2022, Commerce published the
notice of initiation of the five-year
sunset review of the Order pursuant to
section 751(c) of the Tariff Act of 1930,
as amended (the Act).3 In accordance
with 19 CFR 351.218(d)(1)(i) and (ii),
Commerce received notices of intent to
participate in this sunset review from
1 See Antidumping Duty Order; Light-Walled
Welded Rectangular Carbon Steel Tubing from
Taiwan, 54 FR 12467 (March 27, 1989) (Order).
2 See Light-Walled Welded Rectangular Carbon
Steel Tubing from Taiwan: Continuation of
Antidumping Duty Order, 82 FR 37193 (August 9,
2017).
3 See Initiation of Five-Year (Sunset) Reviews, 87
FR 39459 (July 1, 2022) (Initiation Notice).
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Jkt 259001
the domestic interested parties 4 within
15 days after the date of publication of
the Initiation Notice.5 The domestic
interested parties claimed interested
party status under section 771(9)(C) of
the Act as producers of a domestic like
product in the United States.6
Commerce received an adequate joint
substantive response to the Initiation
Notice from domestic interested parties
within the 30-day period specified in 19
CFR 351.218(d)(3)(i).7 Commerce
received no substantive responses from
any other interested parties. On August
23, 2022, Commerce notified the U.S.
International Trade Commission (ITC)
that it did not receive an adequate
substantive response from other
interested parties.8 As a result, in
accordance with section 751(c)(3)(B) of
the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce
conducted an expedited, i.e., 120-day
sunset review of the Order.
Scope of the Order
The products covered by the order are
LWR tubing of rectangular (including
square) cross-section, having a wall
thickness of less than 0.156 inch. This
merchandise is classified under
subheading 7306.61.5000 of the
Harmonized Tariff Schedule of the
United States (HTSUS). It was formerly
classified under HTSUS subheading
7306.60.5000. The HTSUS subheadings
are provided for convenience and
customs purposes only. The written
product description remains dispositive.
A full description of the scope of the
Order is contained in the Issues and
Decision Memorandum.9
4 There are six domestic interested producers of
LWR tubing: Atlas Tube (a division of Zekelman
Industries); Bull Moose Tube Company (Bull
Moose); California Steel and Tube; Maruichi
American Corporation (Maruichi); Nucor Tubular
Products, Inc. (Nucor Tubular); and Searing
Industries, Inc. (Searing) (hereinafter referred to as
domestic interested parties).
5 See Atlas Tube, Bull Moose, California Steel and
Tube, Maruichi and Searing’s Letter, ‘‘Fifth FiveYear Review of the Antidumping Duty Order on
Light-Walled Rectangular Welded Carbon Steel Pipe
and Tube from Taiwan: Notice of Intent to
Participate,’’ dated July 15, 2022; see also Nucor
Tubular’s Letter, ‘‘Light-Walled Rectangular Welded
Carbon Steel Pipe and Tube from Taiwan: Notice
of Intent to Participate in Sunset Review,’’ dated
July 18, 2022.
6 Id.
7 See Domestic Interested Parties’ Letter, ‘‘LightWalled Rectangular Welded Carbon Steel Pipe and
Tube from Taiwan: Substantive Response to Notice
of Initiation,’’ dated August 1, 2022 (Domestic
Interested Parties’ Substantive Response).
8 See Commerce’s Letter, ‘‘Sunset Reviews for
July 1, 2022,’’ dated August 23, 2022.
9 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the Expedited
Sunset Review of the Antidumping Duty Order on
Light-Walled Welded Rectangular Carbon Steel
Tubing from Taiwan,’’ dated concurrently with, and
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64437
Analysis of Comments Received
All issues raised in this sunset review
are addressed in the Issues and Decision
Memorandum. A list of topics discussed
in the Issues and Decision
Memorandum is included as the
appendix to this notice. The Issues and
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 Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Final Results of Sunset Review
Pursuant to sections 751(c) and 752(c)
of the Act, Commerce determines that
revocation of the Order would be likely
to lead to continuation or recurrence of
dumping and that the magnitude of the
margin of dumping likely to prevail
would be at a rate up to 40.97 percent.
Administrative Protective Order
This notice serves as the only
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a). 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.
Notification to Interested Parties
Commerce is issuing and publishing
the final results and notice in
accordance with sections 751(c), 752(c),
and 777(i)(1) of the Act, and 19 CFR
351.221(c)(5)(ii).
Dated: October 20, 2022.
Lisa W. Wang,
Assistant Secretary, for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or
Recurrence of Dumping
hereby adopted by, this notice (Issues and Decision
Memorandum).
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]]>Agencies
[Federal Register Volume 87, Number 205 (Tuesday, October 25, 2022)]
[Notices]
[Pages 64435-64437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23137]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-928]
Uncovered Innerspring Units From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review; 2021-
2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty order on uncovered
innerspring units (innersprings) from the People's Republic of China
(China). The period of review (POR) is February 1, 2021, through
January 31, 2022. Commerce preliminarily determines that the two
companies under review, Bomei Tex Ltd. (Bomei) and Saffron Living Co.,
Ltd. (Saffron Living), are part of the China-wide entity. We invite
interested parties to comment on these preliminary results.
DATES: Applicable October 25, 2022.
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 8, 2022, Commerce published in the Federal Register a
notice of opportunity to request an administrative review of the
antidumping duty order on innersprings from China for the POR.\1\ On
April 12, 2022, 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 Bomei and Saffron Living.\3\
---------------------------------------------------------------------------
\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 7112 (February 8,
2022); 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, ``Request for 2021-2022 Antidumping
Duty Administrative Review,'' dated February 28, 2022.
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 21619 (April 12, 2022). (Initiation
Notice).
---------------------------------------------------------------------------
On April 21, 2022, we provided U.S. Customs and Border Protection
(CBP) entry data under administrative protective order (APO) to all
interested parties having APO access and invited parties to submit
comments by April 28, 2022.\4\ No party filed comments. The deadline
for interested parties to submit a no-shipment certification, separate
rate application (SRA), or separate rate certification (SRC) was May
12, 2022.\5\ No party submitted a no-shipment certification, SRA, or
SRC.
---------------------------------------------------------------------------
\4\ See Memorandum, ``U.S. Customs and Border Protection Data
Query,'' dated April 21, 2022.
\5\ See Initiation Notice, 87 FR at 21619-20 (``With respect to
antidumping administrative reviews, if a producer or exporter named
in this notice of initiation had no exports, sales, or entries
during the period of review (POR), it must notify Commerce within 30
days of publication of this notice in the Federal Register. . . .
Separate Rate Certifications . . . {and{time} . . . Separate Rate
Applications are due to Commerce no later than 30 calendar days
after publication of this Federal Register notice.'').
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the Order is uncovered innerspring units
composed of a series of individual metal springs joined together in
sizes corresponding to the sizes of adult mattresses (e.g., twin, twin
long, full, full long, queen, California king and king) and units used
in smaller constructions, such as crib and youth mattresses. All
uncovered innerspring units are included in the scope regardless of
width and length. Included within this definition are innersprings
typically ranging from 30.5 inches to 76 inches in width and 68 inches
to 84 inches in length. Innersprings for crib mattresses typically
range from 25 inches to 27 inches in width and 50 inches to 52 inches
in length.
Uncovered innerspring units are suitable for use as the innerspring
component in the manufacture of innerspring mattresses, including
mattresses that incorporate a foam encasement around the innerspring.
Pocketed and non-pocketed innerspring units are included in this
definition. Non-pocketed innersprings are typically joined together
with helical wire and border rods. Non-pocketed innersprings are
included in this definition regardless of whether they have border rods
attached to the perimeter of the innerspring. Pocketed innersprings are
individual coils
[[Page 64436]]
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). 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 administrative review in accordance
with section 751(a)(1)(B) of the Act and 19 CFR 351.213.
Preliminary Results of Review
The companies subject to this review, i.e., Bomei and Saffron
Living, did not file no-shipment certifications, SRAs, or SRCs. Thus,
Commerce preliminarily determines that these companies have not
demonstrated their eligibility for separate rate status. As such,
Commerce also preliminarily determines that the companies are part of
the China-wide entity.
In addition, Commerce no longer considers the non-market economy
(NME) entity as an exporter conditionally subject to an antidumping
duty administrative review.\6\ 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.\7\ In this administrative
review, no party requested a review of the China-wide entity and we
have not self-initiated a review of the China-wide entity. Because no
review of the China-wide entity is being conducted, the China-wide
entity's entries are not subject to the review and the rate applicable
to the NME entity is not subject to change as a result of this review.
The China-wide entity rate is 234.51 percent.\8\
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\6\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Non-Market Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4,
2013).
\7\ 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 requests.
\8\ 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, 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. 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.\9\
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.\10\
Executive summaries should be limited to five pages total, including
footnotes. Note that Commerce has temporarily modified certain portions
of its requirements for serving documents containing business
proprietary information, until further notice.\11\
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\9\ 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).
\10\ See 19 CFR 351.309(c) and (d); see also 19 CFR 351.303 (for
general filing requirements).
\11\ See Temporary Rule.
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Interested parties who wish to request a hearing must submit a
written request to Commerce within 30 days of the date of publication
of this notice.\12\ Requests should contain: (1) the party's name,
address, and telephone number; (2) the number of participants; and (3)
a list of issues to be discussed. Issues raised in the hearing will be
limited to those raised in the respective case and rebuttal briefs. If
a request for a hearing is made, parties will be notified of the time
and date for the hearing to be held.\13\
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\12\ See 19 CFR 351.310(c).
\13\ 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.\14\ If these preliminary results are
unchanged for the final results of review, we intend to instruct CBP to
liquidate entries of subject merchandise exported by Bomei and Saffron
Living at the China-wide entity rate of 234.51 percent.
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\14\ See 19 CFR 351.212(b)(1).
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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).
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 (including Bomei and
Saffron Living), the cash deposit rate will be the 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 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
These preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of
[[Page 64437]]
the Act, and 19 CFR 351.213(h) and 351.221(b)(4).
Dated: October 18, 2022.
Lisa W. Wang,
Assistant Secretary, for Enforcement and Compliance.
[FR Doc. 2022-23137 Filed 10-24-22; 8:45 am]
BILLING CODE 3510-DS-P
