[Federal Register Volume 79, Number 51 (Monday, March 17, 2014)]
[Notices]
[Pages 14666-14668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-05830]
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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; 2012-2013
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is conducting
an administrative review of the antidumping duty order on uncovered
innerspring units from the People's Republic of China (``PRC''). The
period of review is February 1, 2012, through January 31, 2013. The
review covers the following exporters of subject merchandise: Goldon
Bedding Manufacturing (M) Sdn Bhd (``Goldon'') \1\ and Ta Cheng Coconut
Knitting Company Ltd. (``Ta Cheng''). We preliminarily determine that
Goldon and Ta Cheng, two market economy exporters, failed to cooperate
to the best of their abilities and are, therefore, applying adverse
facts available (``AFA'') to Goldon's and Ta Cheng's PRC-origin
merchandise. Interested parties are invited to comment on these
preliminary results.
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\1\ Based on Petitioner's February 28, 2013, request for review,
the Department initiated this review with respect to Goldon Bedding
Manufacturing Sdn. Bhd. See Letter from Petitioner regarding Request
for Antidumping Duty Administrative Review Duty Order on Uncovered
Innerspring Units from the People's Republic of China dated February
28, 2013; Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 78 FR
19197, 19209 (March 29, 2013) (``Initiation Notice''). However,
during the course of this review, Goldon represented that its
official company name is Goldon Bedding Manufacturing (M) Sdn Bhd.
See Letter from Goldon regarding Uncovered Innerspring Units from
the People's Republic of China--Section A Response, dated May 27,
2013 at Attachment 3.
FOR FURTHER INFORMATION CONTACT: Steven Hampton, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 14th Street and Constitution
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Avenue NW., Washington, DC 20230; telephone: (202) 482-0116.
SUPPLEMENTARY INFORMATION:
[[Page 14667]]
Tolling of Deadlines for Preliminary Results
As explained in the memorandum from the Assistant Secretary for
Enforcement and Compliance, the Department exercised its discretion to
toll deadlines for the duration of the closure of the Federal
Government from October 1, through October 16, 2013.\2\ Therefore, all
deadlines in this segment of the proceeding have been extended by 16
days. The revised deadline for the preliminary results of this review
is now March 18, 2014.
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\2\ See Memorandum for the Record from Paul Piquado, Assistant
Secretary for Enforcement and Compliance, ``Deadlines Affected by
the Shutdown of the Federal Government'' (Oct. 18, 2013).
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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. 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
of the scope of the order is dispositive.\3\
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\3\ For a complete description of the scope of the subject
antidumping duty order, see Memorandum to Paul Piquado, Assistant
Secretary for Enforcement and Compliance, from Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, entitled ``Decision Memorandum for Preliminary Results
of 2012-2013 Antidumping Duty Administrative Review: Uncovered
Innerspring Units from the People's Republic of China''
(``Preliminary Decision Memorandum''), dated concurrently with these
results and hereby adopted by this notice.
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Methodology
The Department 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 relied on facts available and, because Goldon
and Ta Cheng did not act to the best of their ability to respond to the
Department's requests for information, we drew an adverse inference in
selecting from among the facts otherwise available.\4\
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\4\ 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 the Preliminary Decision Memorandum. 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 (``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 Preliminary Decision Memorandum can be accessed directly on the
internet at http://enforcement.trade.gov/frn/. 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 Goldon and Ta Cheng for the
period February 1, 2012, through January 31, 2013.
Public Comment
Pursuant to 19 CFR 351.309(c), interested parties may submit cases
briefs not later than 30 days after the date of publication of this
notice. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed not later than five days after the date for filing case
briefs.\5\ 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.\6\ Case and rebuttal briefs should be filed using IA
ACCESS.\7\
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\5\ See 19 CFR 351.309(d).
\6\ See 19 CFR 351.309(c)(2) and (d)(2).
\7\ 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 Enforcement and
Compliance, 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.\8\ 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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\8\ 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.\9\ 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. The Department will assess duties only on
Goldon's and Ta Cheng's PRC-origin merchandise.
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\9\ 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 Goldon and Ta
Cheng, 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 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
[[Page 14668]]
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 and 19 CFR 351.213.
Dated: March 10, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
Topic discussed in the preliminary decision memorandum:
Application of Total AFA to Goldon and Ta Cheng
[FR Doc. 2014-05830 Filed 3-14-14; 8:45 am]
BILLING CODE 3510-DS-P