[Federal Register Volume 87, Number 205 (Tuesday, October 25, 2022)]
[Notices]
[Pages 64435-64437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23137]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-928]


Uncovered Innerspring Units From the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review; 2021-
2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an 
administrative review of the antidumping duty order on uncovered 
innerspring units (innersprings) from the People's Republic of China 
(China). The period of review (POR) is February 1, 2021, through 
January 31, 2022. Commerce preliminarily determines that the two 
companies under review, Bomei Tex Ltd. (Bomei) and Saffron Living Co., 
Ltd. (Saffron Living), are part of the China-wide entity. We invite 
interested parties to comment on these preliminary results.

DATES: Applicable October 25, 2022.

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 8, 2022, Commerce published in the Federal Register a 
notice of opportunity to request an administrative review of the 
antidumping duty order on innersprings from China for the POR.\1\ On 
April 12, 2022, 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 Bomei and Saffron Living.\3\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review and Join Annual Inquiry Service List, 87 FR 7112 (February 8, 
2022); 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, ``Request for 2021-2022 Antidumping 
Duty Administrative Review,'' dated February 28, 2022.
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 21619 (April 12, 2022). (Initiation 
Notice).
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    On April 21, 2022, we provided U.S. Customs and Border Protection 
(CBP) entry data under administrative protective order (APO) to all 
interested parties having APO access and invited parties to submit 
comments by April 28, 2022.\4\ No party filed comments. The deadline 
for interested parties to submit a no-shipment certification, separate 
rate application (SRA), or separate rate certification (SRC) was May 
12, 2022.\5\ No party submitted a no-shipment certification, SRA, or 
SRC.
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    \4\ See Memorandum, ``U.S. Customs and Border Protection Data 
Query,'' dated April 21, 2022.
    \5\ See Initiation Notice, 87 FR at 21619-20 (``With respect to 
antidumping administrative reviews, if a producer or exporter named 
in this notice of initiation had no exports, sales, or entries 
during the period of review (POR), it must notify Commerce within 30 
days of publication of this notice in the Federal Register. . . . 
Separate Rate Certifications . . . {and{time}  . . . Separate Rate 
Applications are due to Commerce no later than 30 calendar days 
after publication of this Federal Register notice.'').
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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 
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

[[Page 64436]]

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). The HTSUS subheadings are provided for 
convenience and customs purposes only; the written description of the 
scope of the Order is dispositive.

Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(1)(B) of the Act and 19 CFR 351.213.

Preliminary Results of Review

    The companies subject to this review, i.e., Bomei and Saffron 
Living, did not file no-shipment certifications, SRAs, or SRCs. Thus, 
Commerce preliminarily determines that these companies have not 
demonstrated their eligibility for separate rate status. As such, 
Commerce also preliminarily determines that the companies are part of 
the China-wide entity.
    In addition, Commerce no longer considers the non-market economy 
(NME) entity as an exporter conditionally subject to an antidumping 
duty administrative review.\6\ Accordingly, the NME entity will not be 
under review unless Commerce specifically receives a request for, or 
self-initiates, a review of the NME entity.\7\ In this administrative 
review, no party requested a review of the China-wide entity and we 
have not self-initiated a review of the China-wide entity. Because no 
review of the China-wide entity is being conducted, the China-wide 
entity's entries are not subject to the review and the rate applicable 
to the NME entity is not subject to change as a result of this review. 
The China-wide entity rate is 234.51 percent.\8\
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    \6\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Non-Market Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4, 
2013).
    \7\ In accordance with 19 CFR 351.213(b)(1), parties should 
specify that they are requesting a review of entries from exporters 
comprising the entity, and to the extent possible, include the names 
of such exporters in their requests.
    \8\ 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, 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. 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.\9\ 
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.\10\ 
Executive summaries should be limited to five pages total, including 
footnotes. Note that Commerce has temporarily modified certain portions 
of its requirements for serving documents containing business 
proprietary information, until further notice.\11\
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    \9\ 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).
    \10\ See 19 CFR 351.309(c) and (d); see also 19 CFR 351.303 (for 
general filing requirements).
    \11\ See Temporary Rule.
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    Interested parties who wish to request a hearing must submit a 
written request to Commerce within 30 days of the date of publication 
of this notice.\12\ Requests should contain: (1) the party's name, 
address, and 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.\13\
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    \12\ See 19 CFR 351.310(c).
    \13\ 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.\14\ If these preliminary results are 
unchanged for the final results of review, we intend to instruct CBP to 
liquidate entries of subject merchandise exported by Bomei and Saffron 
Living at the China-wide entity rate of 234.51 percent.
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    \14\ See 19 CFR 351.212(b)(1).
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    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).

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 (including Bomei and 
Saffron Living), the cash deposit rate will be the 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 preliminary 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 review period. 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

[[Page 64437]]

the Act, and 19 CFR 351.213(h) and 351.221(b)(4).

    Dated: October 18, 2022.
Lisa W. Wang,
Assistant Secretary, for Enforcement and Compliance.
[FR Doc. 2022-23137 Filed 10-24-22; 8:45 am]
BILLING CODE 3510-DS-P