[Federal Register Volume 86, Number 212 (Friday, November 5, 2021)]
[Notices]
[Pages 61133-61135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24227]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-928]


Uncovered Innerspring Units From the People's Republic of China: 
Preliminary Determination of No Shipments; 2020-2021

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that Comfort Coil Technology Sdn. Bhd. (Comfort Coil), the only company 
subject to review, had no shipments of subject merchandise during the 
period of review (POR), February 1, 2020, through January 31, 2021. We 
invite interested parties to comment on these preliminary results.

DATES: Applicable November 5, 2021.

FOR FURTHER INFORMATION CONTACT: Christopher Maciuba, 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) 482-0413.

SUPPLEMENTARY INFORMATION:

Background

    On February 2, 2021, Commerce published in the Federal Register a 
notice of opportunity to request an administrative review of the 
antidumping duty order on uncovered innerspring units (innersprings) 
from the People's Republic of China (China) for the POR.\1\ On April 1, 
2021, in response to a timely request from Leggett & Platt, 
Incorporated (the petitioner),\2\ and in accordance with section 751(a) 
of the Tariff Act of 1930, as amended (the Act), and 19 CFR 
351.221(c)(1)(i), we initiated an administrative review of the Order 
with respect to Comfort Coil.\3\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 86 FR 7855 (February 2, 2021); see also Uncovered 
Innerspring Units from the People's Republic of China: Notice of 
Antidumping Duty Order, 74 FR 7661 (February 19, 2009) (Order).
    \2\ See Petitioner's Letter, ``Uncovered Innerspring Units from 
the People's Republic of China: Request for 2020-2021 Antidumping 
Duty Administrative Review,'' dated March 1, 2021.
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 17124 (April 1, 2021).
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Scope of the 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

[[Page 61134]]

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, 
9404.29.9005, 9404.29.9011, 7326.20.0070, 7326.20.0090, 7320.20.5010, 
7320.90.5010, or 7326.20.0071 of the Harmonized Tariff Schedule of the 
United States (HTSUS).\4\ 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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    \4\ Based on a recommendation by CBP, on September 6, 2017, 
Commerce added HTS 7326.20.0090 to the scope. See Memorandum, 
``Request from Customs and Border Protection to Updated the ACE AD/
CVD Case Reference File, Uncovered Innersprings from the People's 
Republic of China (A-570-928) and South Africa (A-791-821),'' dated 
September 6, 2017.
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Preliminary Determination of No Shipments

    On April 23, 2021, we released the U.S. Customs and Border 
Protection (CBP) entry data of subject merchandise exported to the 
United States by Comfort Coil during the POR.\5\ This query returned no 
entries during the POR.\6\ Thereafter, we received a timely submission 
from Comfort Coil certifying that it did not have sales, shipments, or 
exports of subject merchandise to the United States during the POR.\7\ 
We submitted a no-shipments inquiry to CBP with regard to Comfort Coil, 
to which CBP responded that it found no shipments of subject 
merchandise by Comfort Coil during the POR.\8\
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    \5\ See Memorandum, ``U.S. Customs and Border Protection Data 
Query,'' dated April 23, 2021.
    \6\ Id. at Attachment 1.
    \7\ See Comfort Coil's Letter, ``Uncovered Innerspring Units 
from the People's Republic of China--No Sales Certification,'' dated 
April 27, 2021.
    \8\ See Memorandum, ``Uncovered Innerspring Units from the 
People's Republic of China (A-570-928); No shipment inquiry with 
respect to Comfort Coil Technology Sdn. Bhd., during the period 02/
01/2020 through 01/31/2021,'' dated August 10, 2021. After the 
initial release of the CBP data, the petitioner requested that 
Commerce issue its standard questionnaire to Comfort Coil, despite 
the CBP data revealing no POR shipments of subject merchandise. See 
Petitioner's Letter, ``Uncovered Innerspring Units from the People's 
Republic of China: Comments on US Customs and Border Protection 
Entry Data Results,'' dated April 30, 2021. However, absent record 
evidence from CBP (or any other source) calling into question the 
initial entry data, or the results of the subsequent no-shipment 
inquiry to CBP, there is no basis to issue the antidumping duty 
questionnaire to Comfort Coil here. Moreover, and as noted below, 
Commerce will complete the review with respect to Comfort Coil.
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    Accordingly, and consistent with our practice, we preliminarily 
determine that Comfort Coil had no shipments and, therefore, no 
reviewable entries, of subject merchandise during the POR. In addition, 
we find it is not appropriate to rescind the review with respect to 
this company, but rather, to complete the review with respect to 
Comfort Coil and issue appropriate instructions to CBP based on the 
final results of the review, consistent with our practice in non-market 
economy (NME) cases.\9\
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    \9\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011); see 
also the ``Assessment Rates'' section, below.
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China-Wide Entity

    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\10\ Under this policy, 
the China-wide entity will not be under review unless a party 
specifically requests, or Commerce self-initiates, a review of the 
entity. Because no party requested a review of the China-wide entity, 
and we did not self-initiate a review, the China-wide entity rate 
(i.e., 234.51 percent) is not subject to change as a result of this 
review.\11\ Aside from Comfort Coil, we did not receive a review 
request for any other company.
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    \10\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \11\ See Order, 74 FR at 7662.
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Public Comment

    Interested parties are invited to comment on the preliminary 
results and may submit case briefs and/or written comments, filed 
electronically via Enforcement and Compliance's Antidumping Duty and 
Countervailing Duty Centralized Electronic Service System (ACCESS), 
within 30 days after the date of publication of these preliminary 
results of review.\12\ ACCESS is available to registered users at 
https://access.trade.gov. Rebuttal briefs, limited to issues raised in 
the case briefs, must be filed within seven days after the time limit 
for filing case briefs.\13\ Parties who submit case or rebuttal briefs 
in this proceeding are requested to submit with each argument a 
statement of the issue, a brief summary of the argument, and a table of 
authorities.\14\ Note that Commerce has temporarily modified certain 
portions of its requirements for serving documents containing business 
proprietary information, until further notice.\15\
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    \12\ See 19 CFR 351.309(c)(1)(ii).
    \13\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule 
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of 
Effective Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
    \14\ See 19 CFR 351.309(c) and (d); see also 19 CFR 351.303 (for 
general filing requirements).
    \15\ See Temporary Rule.
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    Interested parties who wish to request a hearing, or to participate 
if one is requested, must submit a written request to Commerce within 
30 days of the date of publication of this notice.\16\ Requests should 
contain: (1) The party's name, address, the telephone number; (2) the 
number of participants; and (3) a list of issues to be discussed. 
Issues raised in the hearing will be limited to those raised in the 
respective case and rebuttal briefs. If a request for a hearing is 
made, parties will be notified of the time and date for the hearing to 
be held.\17\ Parties are reminded that all briefs and hearing requests 
must be filed electronically using ACCESS and received successfully in 
their entirety by 5:00 p.m. Eastern Time on the due date.
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    \16\ See 19 CFR 351.310(c).
    \17\ See 19 CFR 310(d).
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    Commerce intends to issue the final results of this administrative 
review, which will include the results of our analysis of all issues 
raised in the case briefs, within 120 days of publication of these 
preliminary results in the Federal Register, unless extended, pursuant 
to section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results of this review, Commerce will 
determine, and CBP will assess, antidumping duties on all appropriate 
entries covered by this review.\18\ Commerce intends to issue 
assessment instructions to CBP no earlier than 35 days after the date 
of publication of the final results of this review in the Federal 
Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication). Pursuant to Commerce's practice in NME cases, if we 
continue to determine in the final results that Comfort Coil had no

[[Page 61135]]

shipments of subject merchandise, any suspended entries of subject 
merchandise during the POR from Comfort Coil will be liquidated at the 
China-wide rate, 234.51 percent.\19\
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    \18\ See 19 CFR 351.212(b)(1).
    \19\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011); and Order, 74 FR at 7662.
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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 entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of review, as provided for by section 751(a)(2)(C) of the 
Act: (1) For previously investigated or reviewed Chinese and non-
Chinese exporters who are not under review in this segment of the 
proceeding but who have separate rates, the cash deposit rate will 
continue to be the exporter-specific rate published for the most recent 
period; (2) for all Chinese exporters of subject merchandise that have 
not been found to be entitled to a separate rate, the cash deposit rate 
will be China-wide rate of 234.51 percent; and (3) for all non-Chinese 
exporters of subject merchandise which have not received their own 
rate, the cash deposit rate will be the rate applicable to Chinese 
exporter(s) that supplied that non-Chinese exporter. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Notification to Importers

    This notice also serves as a 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 Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Notification to Interested Parties

    These preliminary results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.221(b)(4).

    Dated: November 1, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.
[FR Doc. 2021-24227 Filed 11-4-21; 8:45 am]
BILLING CODE 3510-DS-P