Federal Register, Volume 81 Issue 215 (Monday, November 7, 2016)

[Federal Register Volume 81, Number 215 (Monday, November 7, 2016)]
[Notices]
[Pages 78116-78117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26849]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-928]


Uncovered Innerspring Units From the People's Republic of China: 
Preliminary Results of the Antidumping Duty Administrative Review; 
2015-2016

AGENCY: Enforcement and Compliance, 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 (``innerspring units'') from the People's Republic of 
China (``PRC''). The period of review (``POR'') is February 1, 2015, 
through January 31, 2016. The Department preliminarily determines that 
the sole respondent, Enchant Privilege Sdn Bhd (``Enchant Privilege''), 
did not cooperate to the best of its ability and is, therefore, basing 
its margin on adverse facts available (``AFA''). Interested parties are 
invited to comment on these preliminary results.

FOR FURTHER INFORMATION CONTACT: Kenneth Hawkins, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-6491.

SUPPLEMENTARY INFORMATION: 

Background

    On February 19, 2009, the Department published an antidumping duty 
order on innerspring units from the PRC (``the Order'').\1\ On February 
29, 2016, Leggett & Platt, Inc. (``Petitioner'') submitted a request 
for the Department to conduct an administrative review of the Order 
that examines Enchant Privilege's exports of subject merchandise made 
during the POR.\2\ On April 7, 2016, the Department published in the 
Federal Register a notice of initiation of this administrative review 
of the Order concerning Enchant Privilege's POR exports of subject 
merchandise.^{3 4}
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    \1\ See Uncovered Innerspring Units from the People's Republic 
of China: Notice of Antidumping Duty Order, 74 FR 7661 (February 19, 
2009).
    \2\ See Request for Antidumping Administrative Review of the 
Antidumping Duty Order on Uncovered Innerspring Units from the 
People's Republic of China, dated February 29, 2016.
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 20324 (April 7, 2016) (``Initiation 
Notice'').
    \4\ Enchant Privilege is located in Malaysia, a market economy 
country. As a result, the Department is examining Enchant 
Privilege's PRC-origin exports of subject merchandise for this 
administrative review.
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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, 9404.29.9005, 
9404.29.9011, 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 description of the scope of the order is 
dispositive.\5\
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    \5\ For a full description of the scope of the order, see the 
Department Memorandum, ``Decision Memorandum for Preliminary Results 
of 2015-2016 Antidumping Duty Administrative Review: Uncovered 
Innerspring Units from the People's Republic of China,'' dated 
concurrently with and hereby adopted by this notice (Preliminary 
Decision Memorandum).
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Methodology

    The Department is conducting this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (``the Act''). With 
respect to Enchant Privilege, we relied on facts available and, because 
Enchant Privilege did not act to the best of its ability to respond to 
the Department's requests for information, we drew an adverse inference 
in selecting from among the facts otherwise available.\6\
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    \6\ 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 (``ACCESS''). 
ACCESS is available to registered users at http://access.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

    The Department preliminarily determines that a dumping margin of 
234.51 percent exists for Enchant Privilege for the period February 1, 
2015, through January 31, 2016.

Public Comment

    Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit 
case briefs not later than 30 days after the date of publication of 
this notice in the Federal Register. 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.\7\ 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.\8\ Case and rebuttal briefs 
should be filed using ACCESS.\9\
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    \7\ See 19 CFR 351.309(d)(1).
    \8\ See 19 CFR 351.309(c)(2) and (d)(2).
    \9\ See 19 CFR 351.303.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to

[[Page 78117]]

the Assistant Secretary for Enforcement and Compliance within 30 days 
of the date of publication of this notice. Requests should contain: (1) 
The party's name, address and telephone number; (2) the number of 
participants; and (3) a list of issues parties intend to discuss. 
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, the Department intends to hold the hearing at the U.S. Department 
of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a 
date and time to be determined.\10\ Parties should confirm by telephone 
the date, time, and location of the hearing two days before the 
scheduled date.
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    \10\ See 19 CFR 351.310(d).
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    Unless extended, the Department 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, 
pursuant to section 751(a)(3)(A) of the Act.

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.\11\ 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 entries of 
subject merchandise (i.e., PRC-origin innerspring units).
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    \11\ 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 section 751(a)(2)(C) of the Act: (1) For Enchant Privilege, 
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) and the Department will collect cash deposits 
only on Enchant Privilege's PRC-origin merchandise; (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 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: October 31, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
    a. Facts Otherwise Available
    i. Use of Facts Available
    ii. Use of Adverse Facts Available
5. Recommendation

[FR Doc. 2016-26849 Filed 11-4-16; 8:45 am]
 BILLING CODE 3510-DS-P