[Federal Register Volume 84, Number 200 (Wednesday, October 16, 2019)]
[Notices]
[Pages 55285-55286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22516]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-928, A-791-821, A-552-803]
Uncovered Innerspring Units From the People's Republic of China,
South Africa, and Socialist Republic of Vietnam: Continuation of
Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC) that
revocation of the antidumping duty orders on uncovered innerspring
units (innersprings) from the People's Republic of China (China), South
Africa, and the Socialist Republic of Vietnam (Vietnam), would likely
lead to a continuation or recurrence of dumping and material injury to
an industry in the United States, Commerce is publishing a notice of
continuation of the antidumping duty orders.
DATES: Applicable October 16, 2019.
FOR FURTHER INFORMATION CONTACT: Javier Barrientos, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2243.
SUPPLEMENTARY INFORMATION:
Background
On March 1, 2019, Commerce published the initiation of the second
five-year (sunset) reviews of the antidumping duty orders on uncovered
innerspring units from China, South Africa, and Vietnam, pursuant to
section 751(c) of the Tariff Act of 1930 (the Act), as amended.\1\
Commerce received notices of intent to participate in these sunset
reviews from Leggett & Platt, Incorporated (the domestic interested
party), within the 15-day period specified in 19 CFR 351.218(d)(1)(i).
The domestic interested party claimed interested party status under
section 771(9)(C) of the Act as a producer of the domestic like
product.
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\1\ See Initiation of Five-Year (Sunset) Reviews, 84 FR 7021
(March 1, 2019) (Notice of Initiation).
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Commerce received an adequate substantive response to the Notice of
Initiation from the domestic interested party within the 30-day period
specified in 19 CFR 351.218(d)(3)(i). Commerce received no substantive
response from any respondent interested parties. In accordance with
section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2),
Commerce conducted expedited (120-day) sunset reviews of the
antidumping duty orders on uncovered innerspring units from China,
South Africa, and Vietnam.\2\
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\2\ See Uncovered Innerspring Units from the People's Republic
of China: Notice of Antidumping Duty Order, 74 FR 7661 (February 19,
2009); Antidumping Duty Order: Uncovered Innerspring Units from
South Africa, 73 FR 75390 (December 11, 2008); and Antidumping Duty
Order: Uncovered Innerspring Units from the Socialist Republic of
Vietnam, 73 FR 75391 (December 11, 2008) (collectively, the Orders).
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As a result of its review, Commerce determined, pursuant to section
751(c)(1) and 752(c) of the Act, that revocation of the Orders would
likely lead to a continuation or recurrence of dumping.\3\ Commerce,
therefore, notified the ITC of the magnitude of the dumping margins
likely to prevail should the Orders be revoked. On October 3, 2019, the
ITC published its determination, pursuant to section 751(c) of the Act,
that revocation of the antidumping duty orders on innersprings from
China, South Africa and Vietnam would likely lead to a continuation or
recurrence of material injury to an industry in the United States
within a reasonably foreseeable time.\4\
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\3\ See Uncovered Innerspring Units from the People's Republic
of China, South Africa, and Socialist Republic of Vietnam: Final
Results of the Expedited Sunset Reviews of the Antidumping Duty
Orders, 84 FR 32878 (July 10, 2019) (Final Results), and
accompanying Issues and Decision Memorandum.
\4\ See Uncovered Innerspring Units from China, South Africa,
and Vietnam: Investigation Nos. 731-TA-1140-1142 (Second Review), 84
FR 52896 (October 3, 2019).
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Scope of the Orders
The merchandise covered by these Orders are 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 this 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). On January 11, 2011, Commerce
included HTSUS classification numbers 9404.29.9005 and 9404.29.9011 to
the customs case reference file, pursuant to a request by U.S. Customs
and Border Protection (CBP). On January 7, 2013, Commerce included the
HTSUS classification 7326.20.0071 number to the customs case reference
file, pursuant to a request by CBP. The HTSUS subheadings are provided
for convenience and customs purposes only; the written description of
the scope of the Orders is dispositive.
Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to a
[[Page 55286]]
continuation or recurrence of dumping and material injury to an
industry in the United States, pursuant to section 751(d)(2) of the Act
and 19 CFR 351.218(a), Commerce hereby orders the continuation of the
antidumping duty orders on innersprings from China, South Africa and
Vietnam. U.S. Customs and Border Protection will continue to collect
antidumping duty cash deposits at the rates in effect at the time of
entry for all imports of subject merchandise.
The effective date of the continuation of the Orders will be the
date of publication in the Federal Register of this notice of
continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to initiate the next sunset review of
the Orders not later than 30 days prior to the fifth anniversary of the
effective date of continuation.
This five-year sunset review and this notice are in accordance with
section 751(c) and 751(d)(2) of the Act and published pursuant to
section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).
Dated: October 8, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-22516 Filed 10-15-19; 8:45 am]
BILLING CODE 3510-DS-P