[Federal Register Volume 82, Number 50 (Thursday, March 16, 2017)]
[Notices]
[Pages 13975-13977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05276]


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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; 2015-2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On November 7, 2016, the Department of Commerce (the 
Department) published 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). We gave 
interested parties an opportunity to comment on the preliminary 
results, and based upon our analysis of the comments received, our 
final results remain unchanged from the preliminary results. In these 
final results, we determine that innersprings are being, or are likely 
to be, sold in the United States at less than fair value. The period of 
review (POR) is February 1, 2015, through January 31, 2016. The final 
weighted-average dumping margin is listed below in the Final Results of 
Review section of this notice.

DATES: Effective March 16, 2017.

FOR FURTHER INFORMATION CONTACT: Kenneth Hawkins, AD/CVD Operations, 
Office V, Enforcement and Compliance,

[[Page 13976]]

International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
6491.

SUPPLEMENTARY INFORMATION: 

Background

    This review covers one exporter of subject merchandise: Enchant 
Privilege Sdn Bhd (Enchant Privilege). On November 7, 2016, the 
Department published the Preliminary Results in the Federal Register, 
and provided interested parties an opportunity to comment.\1\ On 
December 7, 2016, the Department received a case brief from Leggett and 
Platt, Inc. (Petitioner).\2\ No other interested party filed case or 
rebuttal briefs.
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    \1\ See Uncovered Innerspring Units From the People's Republic 
of China: Preliminary Results of the Antidumping Duty Administrative 
Review; 2015-2016, 81 FR 78116 (November 7, 2016) (Preliminary 
Results) and accompanying Preliminary Decision Memorandum.
    \2\ See Letter from Petitioners, to the Department, regarding 
Seventh Administrative Review of the Antidumping Duty Order on 
Uncovered Innerspring Units from the People's Republic of China: 
Case Brief, dated December 7, 2016 (Petitioner's Case Brief).
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Scope of the Order

    The merchandise subject to the order is uncovered innerspring 
units.\3\ The product is currently classified under subheading 
9404.29.9010 and have 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.
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    \3\ For a complete description of the scope of the order, see 
Memorandum to Ronald Lorentzen, Acting Assistant Secretary for 
Enforcement and Compliance, ``Uncovered Innerspring Units from the 
People's Republic of China: Issues and Decision Memorandum for the 
Final Results of the 2015-2016 Administrative Review'' (``Issues and 
Decision Memorandum''), dated concurrently with this notice.
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Analysis of Comments Received

    All issues raised in Petitioner's case brief 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 
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 it is available to all parties in the Central 
Records Unit, Room B8024 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

    In the Preliminary Results, because Enchant Privilege failed to 
respond to the Department's questionnaire, we determined Enchant 
Privilege's margin on the basis of facts available, pursuant to section 
776(a)(1) & (2)(A), (B), and (C) of the Tariff Act of 1930 (the Act). 
We also applied an adverse inference in selecting from among the facts 
available, pursuant to section 776(b) of the Act, because we found that 
Enchant Privilege failed to cooperate to the best of its ability in 
providing the requested information.\4\
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    \4\ See Preliminary Results, and accompanying Preliminary 
Decision Memorandum at 4-5.
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    No parties commented on this specific determination or on the 
margin assigned to Enchant Privilege in the Preliminary Results. 
Accordingly, we are continuing to assign to Enchant Privilege a dumping 
margin of 234.51 percent, based on total adverse facts available.

Final Results of Review

    Enchant Privilege's weighted-average dumping margin for the period 
February 1, 2015, through January 31, 2016, is as follows:

------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
                        Exporter                              margin
                                                            (percent)
------------------------------------------------------------------------
Enchant Privilege Sdn Bhd \5\..........................          234.51
------------------------------------------------------------------------

Assessment
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    \5\ Because Enchant Privilege is located in Malaysia, we are 
treating it as a third-country reseller. Accordingly, this rate only 
applies to Enchant Privilege's exports of PRC-origin innersprings.
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    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 Enchant Privilege, the Department will instruct 
CBP to assess antidumping duties on the company's entries of subject 
merchandise (i.e., PRC-origin innersprings) 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 Enchant 
Privilege, the cash deposit rate will be 234.51 percent for its entries 
of subject merchandise (i.e., PRC-origin innersprings); (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 in which the exporter was 
reviewed; (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 POR. 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 Order

    In accordance with 19 CFR 351.305(a)(3), this notice also serves as 
a final 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

[[Page 13977]]

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 these results of review in accordance 
with sections 751(a)(1) and 777(i) of the Act.

    Dated: March 7, 2017.
Ronald K. Lorentzen,
Acting 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. Use of Facts Otherwise Available and Adverse Inferences
5. Discussion of the Issue
6. Recommendation

[FR Doc. 2017-05276 Filed 3-15-17; 8:45 am]
BILLING CODE 3510-DS-P