[Federal Register Volume 78, Number 56 (Friday, March 22, 2013)]
[Notices]
[Pages 17635-17637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06682]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-928]
Uncovered Innerspring Units From the People's Republic of China:
Final Results of Antidumping Duty Administrative Review; 2011-2012
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On September 17, 2012, the Department of Commerce (``the
Department'') published in the Federal Register the preliminary results
of the 2011-2012 administrative review of the antidumping duty order on
uncovered innerspring units (``innersprings'') from the People's
Republic of China (``PRC'') for the period February 1, 2011, through
January 31, 2012.\1\ The Department gave interested parties an
opportunity to comment on the Preliminary Results. Based upon our
analysis of the comments and information received, the Department has
made changes to its treatment of Tai Wa Hong and its affiliates for the
final results. The final dumping margin for this administrative review
is listed in the ``Final Results of Review'' section below.
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\1\ See Uncovered Innerspring Units from the People's Republic
of China: Antidumping Duty Administrative Review; 2011-2012, 77 FR
57072 (September 17, 2012) (``Preliminary Results'') and
accompanying Decision Memorandum for Preliminary Results of 2011-
2012 Antidumping Duty Administrative Review: Uncovered Innerspring
Units from the People's Republic of China, dated September 10, 2012
(``Preliminary Decision Memorandum'').
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DATES: Effective Date: March 22, 2013.
FOR FURTHER INFORMATION CONTACT: Steven Hampton, AD/CVD Operations,
Office 9, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-0116.
SUPPLEMENTARY INFORMATION:
Background
On September 17, 2012, the Department published in the Federal
Register the Preliminary Results.\2\ Interested parties were provided
an opportunity to comment on the
[[Page 17636]]
Preliminary Results.\3\ On October 17, 2012, the Department received a
case brief from Leggett and Platt, Inc. (``Petitioner'').\4\ No other
case or rebuttal briefs were filed by interested parties. On December
7, 2012, the Department partially extended the time limit for these
final results by 30 days.\5\ On February 6, 2013, the Department fully
extended the time limit for these final results by an additional 30
days to March 18, 2013.\6\
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\2\ See id.
\3\ See id., 77 FR at 57073.
\4\ See Petitioner's Case Brief, dated October 17, 2012.
\5\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations through
James Doyle, Director, Office 9, Antidumping and Countervailing Duty
Operations, from Steven Hampton, International Trade Compliance
Analyst, Antidumping and Countervailing Duty Operations, Office 9,
regarding Uncovered Innerspring Units from the People's Republic of
China: Extension of Deadline for Final Results of Antidumping Duty
Administrative Review, dated December 7, 2012.
\6\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations through
James Doyle, Director, Office 9, Antidumping and Countervailing Duty
Operations, from Steven Hampton, International Trade Compliance
Analyst, Antidumping and Countervailing Duty Operations, Office 9,
regarding Uncovered Innerspring Units from the People's Republic of
China: Extension of Deadline for Final Results of Antidumping Duty
Administrative Review, dated February 6, 2012.
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Scope of the Order
The merchandise subject to the order is uncovered innerspring
units.\7\ 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, 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 product description of the scope of the order is
dispositive.\8\
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\7\ See Memorandum to Paul Piquado, Assistant Secretary for
Import Administration, from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
entitled ``Uncovered Innerspring Units from the People's Republic of
China: Issues and Decision Memorandum for the Final Results of the
2011-2012 Administrative Review,'' which is dated concurrently with
this notice (``Issues and Decision Memorandum'') for a complete
description of the Scope of the Order.
\8\ See Notice of Antidumping Duty Order: Uncovered Innerspring
Units from the People's Republic of China, 74 FR 7661 (February 19,
2009).
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Analysis of Comments Received
All issues raised in the case brief by Petitioner are addressed in
the Issues and Decision Memorandum, which is incorporated herein by
reference. A list of the issues which parties raised, and to which we
respond in the Issues and Decision Memorandum, is attached to this
notice as Appendix I. The Issues and 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, room 7046 of
the main Department of Commerce building. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
on the Internet at http://www.trade.gov/ia/. The signed Issues and
Decision Memorandum and the electronic versions of the Issues and
Decision Memorandum are identical in content.
Changes Since the Preliminary Results
The Department has made changes with respect to its treatment of
Tai Wa Hong and its affiliates. Specifically, we determine as facts
available that we should collapse Tai Wa Hong with two other companies,
Tai Wa Commercial & Industrial (Macau) Co. Ltd. (``Tai Wa Commercial'')
and Macau Commercial & Industrial Spring Mattress Manufacturer (``Macau
Commercial''), and that we should treat this group of companies as a
single entity (i.e., the Tai Wa Hong Group).
Use of Facts Available and Adverse Facts Available
As stated in the Preliminary Results, Tai Wa Hong failed to
cooperate to the best of its ability in providing requested
information, failed to provide the information in a timely manner and
in the form requested, and significantly impeded this proceeding.\9\
Accordingly, pursuant to sections 776(a)(2)(A), (B), and (C) and
section 776(b) of the Tariff Act of 1930, as amended (``Act'') we find
it appropriate to assign total adverse facts available (``AFA'') to Tai
Wa Hong.\10\ Moreover, as facts available, the Department finds it
appropriate to regard Tai Wa Hong as affiliated with Tai Wa Commercial
and Macau Commercial, to collapse these three companies, and to treat
these companies as a single entity, the Tai Wa Hong Group. Therefore,
the Department has assigned the total AFA rate of 234.51% to the Tai Wa
Hong Group. Because the Tai Wa Hong Group is located in Macau, it is a
third country reseller. Accordingly, this rate only applies to the Tai
Wa Hong Group's PRC-origin merchandise.\11\
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\9\ See Preliminary Decision Memorandum at 3-5.
\10\ See Certain Frozen Warmwater Shrimp From the Socialist
Republic of Vietnam: Preliminary Results of the First Administrative
Review and New Shipper Review, 72 FR 10689, 10692 (March 9, 2007)
(decision to apply total AFA to the non-market-economy-wide entity),
unchanged in Certain Frozen Warmwater Shrimp From the Socialist
Republic of Vietnam: Final Results of the First Antidumping Duty
Administrative Review and First New Shipper Review, 72 FR 52052
(September 12, 2007).
\11\ See Comment 1 of the Issues and Decision Memorandum for
further discussion on this issue.
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Final Results of Review
The dumping margin for the period of review (``POR'') is as
follows:
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Weighted-
average
Exporter dumping margin
(percent)
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Tai Wa Hong Group...................................... 234.51
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Assessment
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b),
the Department will determine, and U.S. Customs and Border Protection
(``CBP'') shall assess, antidumping duties on all appropriate entries.
The Department intends to issue assessment instructions to CBP 15 days
after the date of publication of the final results of review. Pursuant
to 19 CFR 351.212(b)(1), we calculated importer-specific (or customer)
ad valorem duty assessment rates based on the ratio of the total amount
of the dumping margins calculated for the examined sales to the total
entered value of those same sales.\12\ In accordance with 19 CFR
351.106(c)(2), we will instruct CBP to liquidate, without regard to
antidumping duties, all entries of subject merchandise during the POR
for which the importer-specific assessment rate is zero or de minimis.
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\12\ In these final results, the Department applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
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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 from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For the exporter
listed above, the cash deposit rate will be 234.51 percent for its PRC-
origin merchandise; (2) for previously investigated or reviewed PRC and
non-PRC exporters not listed above that have a separate rate, the cash
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deposit rate will continue to be the exporter-specific rate published
for the most recent period; (3) for all PRC exporters of subject
merchandise which have not been found to be entitled to a separate
rate, the cash deposit rate will be the PRC-wide rate 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 exporters that supplied that non-PRC
exporter. The deposit requirements, when imposed, shall remain in
effect until further notice.
Reimbursement of Duties
This notice also serves as a final 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 POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties has occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Orders
In accordance with 19 CFR 351.305(a)(3), this notice also serves as
a reminder to parties subject to administrative protective order
(``APO'') of their responsibility concerning the return or destruction
of proprietary information disclosed under APO, which continues to
govern business proprietary information in this segment of the
proceeding. Timely written notification of the return/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.
We are issuing and publishing this administrative review and notice
in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: March 18, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I
Comment 1: Treatment of the Tai Wa Hong Group's Sales
Comment 2: Cash Deposit and Liquidation Instructions
[FR Doc. 2013-06682 Filed 3-21-13; 8:45 am]
BILLING CODE 3510-DS-P