Notice2022-23137
Uncovered Innerspring Units From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022
Primary source
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Published
October 25, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 205 (Tuesday, October 25, 2022)</title>
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[Federal Register Volume 87, Number 205 (Tuesday, October 25, 2022)]
[Notices]
[Pages 64435-64437]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <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.\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
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</html>Indexed from Federal Register on October 25, 2022.
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