[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:

------------------------------------------------------------------------
                                                            Weighted-
                                                             average
                        Exporter                         dumping  margin
                                                             (percent)
------------------------------------------------------------------------
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

[[Page 17637]]

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