Notice2021-24227
Uncovered Innerspring Units From the People's Republic of China: Preliminary Determination of No Shipments; 2020-2021
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 5, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 212 (Friday, November 5, 2021)</title>
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[Federal Register Volume 86, Number 212 (Friday, November 5, 2021)]
[Notices]
[Pages 61133-61135]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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
<a href="https://access.trade.gov">https://access.trade.gov</a>. 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
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</html>Indexed from Federal Register on November 5, 2021.
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