[Federal Register Volume 80, Number 229 (Monday, November 30, 2015)]
[Notices]
[Pages 74758-74759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30336]



[[Page 74758]]

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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, International Trade Administration, 
Department of Commerce.
SUMMARY: On October 23, 2015, 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\ The Department invited interested parties to comment on 
the Preliminary Determination. No parties commented. Accordingly, our 
Preliminary Determination remains unchanged in this final 
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, 80 FR 64392 (October 23, 2015) 
(``Preliminary Determination'').

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DATES: Effective Date: November 30, 2015.

FOR FURTHER INFORMATION CONTACT: Susan Pulongbarit, Office V, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-4031.

SUPPLEMENTARY INFORMATION: 

Background

    On October 23, 2015, the Department published the Preliminary 
Determination finding that innerspring units completed or assembled in 
Malaysia by Goldon Bedding Manufacturing Sdn. Bhd. (``Goldon'') using 
components from the PRC, 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, but no comments were received.
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    \2\ Id.
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Scope of the Antidumping Duty 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. All 
uncovered innerspring units are included in the scope regardless of 
width and length. Included within this definition are innersprings 
typically ranging from 30.5 inches to 76 inches in width and 68 inches 
to 84 inches in length. Innersprings for crib mattresses typically 
range from 25 inches to 27 inches in width and 50 inches to 52 inches 
in length.
    Uncovered innerspring units are suitable for use as the innerspring 
component in the manufacture of innerspring mattresses, including 
mattresses that incorporate a foam encasement around the innerspring. 
Pocketed and non-pocketed innerspring units are included in this 
definition. Non-pocketed innersprings are typically joined together 
with helical wire and border rods. Non-pocketed innersprings are 
included in this definition regardless of whether they have border rods 
attached to the perimeter of the innerspring. Pocketed innersprings are 
individual coils covered by a ``pocket'' or ``sock'' of a nonwoven 
synthetic material or woven material and then glued together in a 
linear fashion.
    Uncovered innersprings are classified under subheading 9404.29.9010 
and have 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 
description of the scope of the order is dispositive.

Scope of the Anticircumvention Inquiry

    The products covered by this inquiry are innerspring units, as 
described above, that are manufactured in Malaysia by Goldon with PRC-
origin components and other direct materials, such as helical wires, 
and that are subsequently exported from Malaysia to the United States.

Final Determination

    In the Preliminary Determination, the Department found, on the 
basis of adverse facts available, that innerspring units completed and 
assembled in Malaysia by Goldon using components from the PRC and 
exported from Malaysia to the United States are circumventing the PRC 
Innerspring Units Order,\3\ pursuant to section 781(b) of the Act. 
Moreover, because we are unable to distinguish between those 
innerspring units Goldon 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 produced in and/or exported from Malaysia 
by Goldon as subject to the PRC Innerspring Units Order.\4\
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    \3\ 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'').
    \4\ For a complete discussion of our findings in the preliminary 
determination, see Memorandum to Ronald K. Lorentzen, Acting 
Assistant Secretary for Enforcement and Compliance from Christian 
Marsh, Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations, entitled ``Anticircumvention Inquiry Regarding the 
Antidumping Duty Order on Uncovered Innerspring Units from the 
People's Republic of China: Preliminary Determination Memorandum for 
Goldon Bedding Manufacturing Sdn. Bhd., dated October 19, 2015 
(``Preliminary Decision Memorandum''). The signed Preliminary 
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html.
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    Because no party provided any additional information or comments 
regarding our Preliminary Determination, our final determination 
remains unchanged from our Preliminary Determination. Accordingly, the 
Department continues to determine that Goldon's merchandise is 
circumventing the PRC Innerspring Units Order within the meaning of 
section 781(b) of the Act and that it is appropriate to continue to 
instruct CBP to suspend all entries of innerspring units from Malaysia 
produced by Goldon. If Goldon would like to be reviewed under the PRC 
Innerspring Units Order, it must request a review of its exports. In 
such a review, the Department would determine Goldon's antidumping 
margin. Should the Department conduct an administrative review, and 
determine in the context of that review that Goldon did not produce for 
export innerspring units using PRC-origin innerspring components, the 
Department will consider initiating a changed circumstances review 
pursuant to section 751(b) of the Act to determine if the continued 
suspension of all innerspring units produced by Goldon is warranted.

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

[[Page 74759]]

cash deposit of estimated duties at the rate applicable to the exporter 
on all unliquidated entries of innerspring units from produced in and/
or exported from Malaysia by Goldon that were entered, or withdrawn 
from warehouse, for consumption on or after December 22, 2014, the date 
of initiation of the anticircumvention inquiry.\5\
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    \5\ See Uncovered Innerspring Units from the People's Republic 
China: Initiation of Anticircumvention Inquiry on Antidumping Duty 
Order, 79 FR 78792 (December 31, 2014).
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Notice to Parties

    This notice serves as the only reminder to parties subject to the 
administrative protective 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(h).

    Dated: November 20, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-30336 Filed 11-27-15; 8:45 am]
 BILLING CODE 3510-DS-P