[Federal Register Volume 79, Number 182 (Friday, September 19, 2014)]
[Notices]
[Pages 56338-56339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22419]
-----------------------------------------------------------------------
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; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On March 17, 2014, the Department of Commerce (``the
Department'') published in the Federal Register the preliminary results
of the administrative review of the antidumping duty order on uncovered
innerspring units (``innersprings'') from the People's Republic of
China (``PRC'') covering the period February 1, 2012, through January
31, 2013.\1\ The Department gave interested parties an opportunity to
comment on the Preliminary Results. Based on our analysis of these
comments, our final determination remains unchanged from the
Preliminary Results.
---------------------------------------------------------------------------
\1\ See Uncovered Innerspring Units From the People's Republic
of China: Antidumping Duty Administrative Review; 2012-2013, 79 FR
14666 (March 17, 2014) (``Preliminary Results'').
---------------------------------------------------------------------------
DATES: Effective Date: September 19, 2014
FOR FURTHER INFORMATION CONTACT: Steven Hampton, AD/CVD Operations,
Office V, Enforcement and Compliance, 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 March 17, 2014, the Department published the Preliminary Results
in the Federal Register, and provided interested parties an opportunity
to comment.\2\ On April 16, 2014, the Department received a case brief
from Leggett and Platt, Inc. (``Petitioner'').\3\ No other interested
party filed case or rebuttal briefs.
---------------------------------------------------------------------------
\2\ Id., 79 FR 14667.
\3\ See Fourth Administrative Review of the Antidumping Duty
Order on Uncovered Innerspring Units From the People's Republic of
China: Case Brief, dated April 16, 2014.
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the order is uncovered innerspring
units.\4\ 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.
---------------------------------------------------------------------------
\4\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, 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
2012-2013 Administrative Review,'' which is dated concurrently with
and hereby adopted by this notice (``Issues and Decision
Memorandum'') for a complete description of the Scope of the Order.
---------------------------------------------------------------------------
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 an Appendix. The Issues and Decision Memorandum is a public
[[Page 56339]]
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 it is available to all parties 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://enforcement.trade.gov/frn/index.html. The signed Issues and Decision
Memorandum and the electronic versions of the Issues Decision
Memorandum are identical in content.
Use of Facts Available and Adverse Facts Available
As stated in the Preliminary Results, Goldon Bedding Manufacturing
(M) Sdn Bhd (``Goldon'') and Ta Cheng Coconut Knitting Company Ltd.
(``Ta Cheng'') each failed to cooperate to the best of their ability in
providing requested information because they withheld requested
information, failed to provide the information in a timely manner and
in the form requested, and significantly impeded this proceeding.\5\
Accordingly, pursuant to sections 776(a)(2)(A), (B), and (C) and
section 776(b) of the Tariff Act of 1930, as amended (``the Act''), we
find it appropriate to assign to Goldon and Ta Cheng dumping margins of
234.51 percent based on total adverse facts available (``AFA'').
Because Goldon is located in Malaysia and Ta Cheng is located in
Taiwan, we are treating them as third-country resellers. Accordingly,
this rate only applies to Goldon's and Ta Cheng's PRC-origin
merchandise.\6\
---------------------------------------------------------------------------
\5\ See Preliminary Results, and accompanying Preliminary
Decision Memorandum at 5-6.
\6\ See Issues and Decision Memorandum for further discussion of
this issue.
---------------------------------------------------------------------------
Final Results of Review
The weighted-average dumping margins for the period February 1,
2012, through January 31, 2013, are as follows:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Goldon Bedding Manufacturing (M) Sdn Bhd.................... 234.51
Ta Cheng Coconut Knitting Company Ltd....................... 234.51
------------------------------------------------------------------------
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 in the
Federal Register.
For Goldon and Ta Cheng, the Department will instruct CBP to assess
antidumping duties on their entries of subject merchandise at the rate
of 234.51 percent.
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 exporters
listed above, the cash deposit rate will be 234.51 percent for their
entries of subject (i.e., PRC-origin PSF) merchandise; (2) for
previously investigated or reviewed PRC and non-PRC exporters not
listed above that have a separate rate, the cash deposit rate will
continue to be the exporter-specific rate published for the most
recently completed segment of this proceeding; (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 that
established for the PRC-wide entity 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 with the subject
merchandise. 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)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this period of review. Failure to comply
with this requirement could result in the Department's presumption that
reimbursement of antidumping duties 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 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
We are issuing and publishing this administrative review and notice
in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: September 12, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Final Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Issue
5. Recommendation
[FR Doc. 2014-22419 Filed 9-18-14; 8:45 am]
BILLING CODE 3510-DS-P