[Federal Register Volume 79, Number 13 (Tuesday, January 21, 2014)]
[Notices]
[Pages 3345-3346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-01053]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-928]
Uncovered Innerspring Units From the People's Republic of China:
Affirmative Final Determination of Circumvention of the Antidumping
Duty Order
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: On July 11, 2013, the Department of Commerce (``the
Department'') published the affirmative preliminary determination of
circumvention of the antidumping duty order on uncovered innerspring
units (``innerspring units'') from the People's Republic of China
(``PRC'').\1\ We gave interested parties an opportunity to comment on
the Preliminary Determination. Based on our analysis of these comments
and the facts of record, our final determination remains unchanged from
the Preliminary Determination.
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\1\ See Uncovered Innerspring Units from the People's Republic
of China: Affirmative Preliminary Determination of Circumvention of
the Antidumping Duty Order, 78 FR 41784 (July 11, 2013)
(``Preliminary Determination'').
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DATES: Effective Date: January 21, 2014.
FOR FURTHER INFORMATION CONTACT: Steven Hampton, 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 July 11, 2013, the Department published the Preliminary
Determination finding that innerspring units completed and assembled in
Malaysia by Reztec Industries Sdn Bhd (``Reztec'') and exported to the
United States are circumventing the antidumping duty order on
innerspring units from the PRC,\2\ as provided in section 781(b) of the
Tariff Act of 1930, as amended (``the Act''). We invited interested
parties to comment on the Preliminary Determination. On August 19,
2013, Reztec filed a case brief.\3\ On August 26, 2013, Leggett &
Platt, Incorporated (``Petitioner'') submitted a rebuttal brief.\4\ The
Department has conducted this anticircumvention inquiry in accordance
with section 781(b) of the Act and 19 CFR 351.225.
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\2\ Id.
\3\ See Letter from Reztec to the Department regarding Uncovered
Innerspring Units from the People's Republic of China: Case Brief of
Reztec Industries Sdn Bhd dated August 19, 2013.
\4\ See Letter from Petitioner to the Department regarding
Uncovered Innerspring Units from the People's Republic of China
dated August 26, 2013.
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Scope of the Antidumping Duty Order
The merchandise subject to the order is uncovered innerspring
units.\5\ 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 product description
of the scope of the order is dispositive.
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\5\ For a complete description of the scope of the subject
antidumping duty order, see Memorandum to Christian Marsh, Acting
Assistant Secretary for Enforcement and Compliance, from James C.
Doyle, Director, Office V, Antidumping Duty and Countervailing Duty
Operations, entitled ``Anticircumvention Inquiry Regarding the
Antidumping Duty Order on Uncovered Innerspring Units from the
People's Republic of China: Issues and Decision Memorandum for the
Final Determination'' and dated concurrently with this notice
(``Issues and Decision Memorandum'').
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Scope of the Anticircumvention Inquiry
The products covered by this inquiry are innerspring units, as
described above, that are manufactured in Malaysia by Reztec with PRC-
origin components and other direct materials, such as helical wires,
and that are subsequently exported from Malaysia to the United States.
Analysis of Comments Received
All issues raised in the case briefs by parties in this
circumvention inquiry are listed in the Appendix to this notice and
addressed in the Issues and Decision Memorandum, which is hereby
adopted by this notice. The Issues and Decision Memorandum can be
accessed directly on the internet at: http://enforcement.trade.gov/frn/
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. The signed Issues and
Decision Memorandum and the electronic version of the Issues and
Decision Memorandum are identical in content.
[[Page 3346]]
Final Determination
In the Preliminary Determination, the Department found, using
partial adverse facts available, that innersprings units completed and
assembled in Malaysia by Reztec using components from PRC and exported
from Malaysia to the United States are circumventing the PRC
Innerspring Units Order \6\, pursuant to section 781(b) of the Act.
Moreover, because Reztec cannot distinguish between those innerspring
units it is exporting to the United States which contain PRC-origin
components and those that do not, the Department preliminarily
determined that it is appropriate to instruct U.S. Customs and Border
Protection (``CBP'') to suspend liquidation of all entries of
innerspring units from Malaysia produced by Reztec as subject to the
PRC Innerspring Units Order. Our final determination remains unchanged
from our Preliminary Determination. Therefore, the Department
determines that it is appropriate to include this merchandise within
the scope of the PRC Innerspring Units Order and to continue to
instruct CBP to suspend all entries of innerspring units from Malaysia
produced by Reztec.
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\6\ See Uncovered Innerspring Units from the People's Republic
of China: Notice of Antidumping Duty Order, 74 FR 7661 (February 19,
2009) (``PRC Innerspring Units Order'').
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Continuation of Suspension of Liquidation
In accordance with section 781(b) of the Act and 19 CFR
351.225(1)(3), the Department will continue to direct CBP to suspend
liquidation and to require a cash deposit of estimated duties at the
rate applicable to the exporter on all unliquidated entries of
innerspring units from Malaysia produced by Reztec that were entered,
or withdrawn from warehouse, for consumption on or after May 23, 2012,
the date of initiation of the anticircumvention inquiry.\7\
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\7\ See Uncovered Innerspring Units from the People's Republic
China: Initiation of Anticircumvention Inquiry, 77 FR 30501 (May 23,
2012).
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Notice to Parties
This notice serves as the only reminder to parties subject to the
administrative protection order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. 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.
This final affirmative circumvention determination is published in
accordance with section 781(b) of the Act and 19 CFR 351.225.
Dated: January 13, 2014.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
Discussion of the Issues
Comment 1: Whether the Department Should Continue to Find Reztec's
Malaysian Production Process to be Minor or Insignificant
Comment 2: Application of Partial AFA with respect to Whether the
Value of the Merchandise Produced in the PRC is a Significant
Portion of the Total Value of the Merchandise that Reztec Exported
from Malaysia to the United States
Comment 3: Whether the Department Should Provide Additional Guidance
to Reztec Regarding Future Compliance with Any Affirmative Finding
[FR Doc. 2014-01053 Filed 1-17-14; 8:45 am]
BILLING CODE 3510-DS-P