[Federal Register Volume 77, Number 180 (Monday, September 17, 2012)]
[Notices]
[Pages 57072-57074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22864]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-928]
Uncovered Innerspring Units from the People's Republic of China;
Antidumping Duty Administrative Review; 2011-2012
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is conducting
the administrative review of the antidumping duty order on uncovered
innerspring units from the People's Republic of China (``PRC''). The
period of review (``POR'') is February 1, 2011, through January 31,
2012. The review covers the following exporter of subject merchandise:
Tai Wa Hong. We have
[[Page 57073]]
preliminarily determined that Tai Wa Hong failed to cooperate to the
best of its ability and are, therefore, applying adverse facts
available (``AFA'') to Tai Wa Hong's PRC-origin merchandise.
FOR FURTHER INFORMATION CONTACT: Steven Hampton or Susan Pulongbarit,
AD/CVD Operations, Office 9, Import Administration, International Trade
Administration, Department of Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-0116 or (202)
482-4031, respectively.
SUPPLEMENTARY INFORMATION:
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. The
product is currently classified under subheading 9404.29.9010 and has
also been classified under subheadings 9404.10.0000, 7326.20.0070,
7320.20.5010, or 7320.90.5010 of the Harmonized Tariff Schedule of the
United States (``HTSUS''). The HTSUS subheadings are provided for
convenience and customs purposes only; the written product description
\1\ of the scope of the order is dispositive.
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\1\ Available in Uncovered Innerspring Units from the People's
Republic of China: Notice of Antidumping Duty Order, 74 FR 7661
(February 19, 2009) (``Order'').
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Methodology
The Department has conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). In making
these findings, we have relied, in part, on facts available and because
one or more respondents did not act to the best of their ability to
respond to the Department's requests for information, we have drawn an
adverse inference in selecting from among the facts otherwise
available.\2\
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\2\ See sections 776(a) and (b) of the Act.
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For a full description of the methodology underlying our
conclusions, please see ``Decision Memorandum for Preliminary Results
of 2011-2012 Antidumping Duty Administrative Review: Uncovered
Innerspring Units from the People's Republic of China '' (``Preliminary
Decision Memorandum'') from Christian Marsh, Deputy Assistant Secretary
for Antidumping and Countervailing Duty Operations to Paul Piquado,
Assistant Secretary for Import Administration, dated concurrently with
these results and hereby adopted by this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Import Administration's Antidumping and Countervailing Duty
Centralized Electronic Service System (``IA ACCESS''). IA ACCESS is
available to registered users at http://iaaccess.trade.gov and in the
Central Records Unit (``CRU''), room 7046 of the main Department of
Commerce building. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly on the Internet at http://www.trade.gov/ia/. The signed Preliminary Decision Memorandum and the
electronic versions of the Preliminary Decision Memorandum are
identical in content.
Preliminary Results of Review
As a result of this review, we preliminarily determine that a
dumping margin of 234.51 percent exists for Tai Wa Hong for the period
February 1, 2011, through January 31, 2012.
Disclosure and Public Comment
Pursuant to 19 CFR 351.309(c), interested parties may submit cases
briefs not later than the later of 30 days after the date of
publication of this notice. Rebuttal briefs, limited to issues raised
in the case briefs, may be filed not later than five days after the
date for filing case briefs.\3\ Parties who submit case briefs or
rebuttal briefs in this proceeding are encouraged to submit with each
argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.\4\ Case and rebuttal briefs
should be filed using Import Administration's Antidumping and
Countervailing Duty Centralized Electronic Service System (IA
ACCESS).\5\
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\3\ See 19 CFR 351.309(d).
\4\ See 19 CFR 351.309(c)(2) and (d)(2).
\5\ See 19 CFR 351.303.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Import Administration,
filed electronically via IA ACCESS. An electronically filed document
must be received successfully in its entirety by the Department's
electronic records system, IA ACCESS, by 5 p.m. Eastern Standard Time
within 30 days after the date of publication of this notice.\6\
Requests should contain: (1) The party's name, address and telephone
number; (2) the number of participants; and (3) a list of issues to be
discussed. Issues raised in the hearing will be limited to those raised
in the respective case briefs. The Department will issue the final
results of this administrative review, including the results of its
analysis of the issues raised in any written briefs, not later than 120
days after the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act.
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\6\ See 19 CFR 351.310(c).
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Assessment Rates
Upon issuance of the final results, the Department will determine,
and U.S. Customs and Border Protection (``CBP'') shall assess,
antidumping duties on all appropriate entries covered by this
review.\7\ The Department intends to issue assessment instructions to
CBP 15 days after the publication date of the final results of this
review. We will instruct CBP to assess duties at the ad valorem margin
rate published above. We will instruct CBP to assess antidumping duties
on all appropriate entries covered by this review if any assessment
rate calculated in the final results of this review is above de
minimis. The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future deposits of estimated
duties, where applicable. Tai Wa Hong is a third country reseller and
the Department will assess duties only on its PRC-origin merchandise.
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\7\ See 19 CFR 351.212(b)(1).
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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
shipments of the subject merchandise from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by sections 751(a)(2)(C) of the Act: (1) For Tai Wa Hong, the
cash deposit rate will be that established in the final results of this
review (except, if the rate is zero or de minimis, then zero cash
deposit will be required); (2) for previously investigated or reviewed
PRC and non-PRC exporters not listed above that received a separate
rate in a prior segment of this proceeding, the cash deposit rate will
continue to be the existing exporter-specific rate published for the
most recently completed period; (3) for all PRC exporters of subject
merchandise that have not been found to be entitled to a separate rate,
the cash deposit rate will be the PRC-wide rate
[[Page 57074]]
of 234.51 percent; and (4) for all non-PRC exporters of subject
merchandise which have not received their own rate, the cash deposit
rate will be the rate applicable to the PRC exporter that supplied that
non-PRC 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 the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: September 10, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-22864 Filed 9-14-12; 8:45 am]
BILLING CODE 3510-DS-P