[Federal Register Volume 85, Number 127 (Wednesday, July 1, 2020)]
[Notices]
[Pages 39524-39526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14037]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-803]
Uncovered Innerspring Units From the Socialist Republic of
Vietnam: Preliminary Results of the Antidumping Duty Administrative
Review; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that the sole company subject to this administrative review is part of
the Vietnam-wide entity because it did not file a separate rate
application (SRA). The period of review (POR) is December 1, 2018
through November 31, 2019. We invite interested parties to comment on
these preliminary results.
DATES: Applicable July 1, 2020.
FOR FURTHER INFORMATION CONTACT: Shanah Lee, AD/CVD Operations, Office
III, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-6386.
SUPPLEMENTARY INFORMATION:
Background
On December 6, 2019, Commerce published a notice of opportunity to
request an administrative review of the antidumping duty order on
uncovered innerspring units from the Socialist Republic of Vietnam
(Vietnam).\1\ In response, on December 31, 2019, Leggett & Platt,
Incorporated (the petitioner) requested a review of one company, Angkor
Spring Co., Ltd. (Angkor Spring).\2\ Commerce initiated a review of
this company on February 6, 2020.\3\ The deadline for interested
parties to submit an SRA or separate rate certification (SRC) was March
9, 2020.\4\ No party submitted an SRA or an SRC. On March 26, 2020,
Commerce placed U.S. Customs and Border Protection (CBP) data on the
record of this review demonstrating that there were no entries of
subject merchandise during the POR.\5\ We asked interested parties to
file comments on this data by April 2, 2020. The petitioner submitted
comments on the CBP data on April 2, 2020.\6\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 84 FR 66880 (December 6, 2019).
\2\ See Petitioner's Letter, ``Uncovered Innerspring Units from
the Socialist Republic of Vietnam: Request for Antidumping Duty
Administrative Review,'' dated December 31, 2019.
\3\ See Initiation of Antidumping Duty and Countervailing Duty
Administrative Reviews, 85 FR 6896 (February 6, 2020) (Initiation
Notice).
\4\ SRAs and SRCs were due thirty days from the publication of
Commerce's Initiation Notice. In this administrative review, the
deadline was March 7, 2020, a Saturday. Because the deadline fell on
a weekend, according to Commerce's ``Next Business Day'' rule, the
deadline was moved forward to the next business day, Monday, March
9, 2020. See Notice of Clarification: Application of ``Next Business
Day'' Rule for Administrative Determination Deadlines Pursuant to
the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005).
\5\ See Memorandum, ``2018-2019 Administrative Review of the
Antidumping Duty Order on Uncovered Innerspring Units from the
Socialist Republic of Vietnam,'' dated March 26, 2020.
\6\ See Petitioner's Letter, ``Uncovered Innerspring Units from
the Socialist Republic of Vietnam: Comments on CBP Data,'' dated
April 2, 2020.
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Scope of the Order
The merchandise subject to this 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
[[Page 39525]]
king) and units used in small constructions, such as crib and youth
mattresses. All uncovered innerspring units are included in the scope
regardless of width and length. Including within this definition are
innersprings typically raining from 30.5 inches to 76 inches in width
and 68 inches to 84 inches in length. Innerspring 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,
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).\7\ 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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\7\ Based on a recommendation by CBP, on September 15, 2017,
Commerce added HTS 7326.20.0090 to the scope. See Memorandum,
``Request from Customs and Border Protection to Update the ACE AD/
CVD Case Reference File,'' dated September 15, 2017 (Barcode
3622582-01).
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act), and 19
CFR 351.213.
Preliminary Results of Review
Angkor Spring, the sole company subject to this review, did not
file an SRA. Thus, Commerce preliminarily determines that this company
has not demonstrated its eligibility for separate rate status. As such,
Commerce preliminarily determines that the company subject to this
review is part of the Vietnam-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.\8\
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. In this administrative review, no party requested a review
of the Vietnam-wide entity. Moreover, we have not self-initiated a
review of the Vietnam-wide entity. Because no review of the Vietnam-
wide entity is being conducted, the Vietnam-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 Vietnam-wide
entity rate is 116.31 percent.\9\
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\8\ 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, 65970 (November 4,
2013).
\9\ See Antidumping Duty Order: Uncovered Innerspring Units from
the Socialist Republic of Vietnam, 73 FR 75391, 75392 (December 11,
2008).
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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.\10\ 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.\11\ 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.\12\ Note that Commerce has temporarily modified certain
portions of its requirements for serving documents containing business
proprietary information, until July 17, 2020, unless extended.\13\
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\10\ See 19 CFR 351.309(c)(1)(ii).
\11\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006
(March 26, 2020) (``To provide adequate time for release of case
briefs via ACCESS, E&C intends to schedule the due date for all
rebuttal briefs to be 7 days after case briefs are filed (while
these modifications are in effect).''); and Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 29615 (May 18, 2020) (Temporary Rule).
\12\ See 19 CFR 351.309(c) and (d); see also 19 CFR 351.303 (for
general filing requirements).
\13\ 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.\14\ 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.\15\ 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.
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\14\ See 19 CFR 351.310(c).
\15\ See 19 CFR 351.310(d).
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Assessment Rates
Upon issuance of the final results of this review, Commerce will
determine, and CBP will shall assess, antidumping duties on all
appropriate entries of subject merchandise covered by this review.\16\
We intend to instruct CBP to liquidate entries containing subject
merchandise exported by the company under review that we determine in
the final results to be part of the Vietnam-wide entity at the Vietnam-
wide entity rate of 116.31 percent. Commerce intends to issue
assessment instructions to CBP 15 days after the date of publication of
the final results of this review in the Federal Register.\17\
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\16\ See 19 CFR 351.212(b)(1).
\17\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review for shipments of the
subject merchandise from Vietnam entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
sections 751(a)(2)(C) of the Act: (1) For companies that have a
separate rate, the cash deposit rate will be that established in the
final results of this review (except, if the rate is zero or de
minimis, then zero cash deposit will be required); (2) for previously
investigated or reviewed Vietnamese or non-Vietnamese exporters not
listed above that received a separate rate in a prior segment of this
proceeding, the cash
[[Page 39526]]
deposit rate will continue to be the existing exporter-specific rate;
(3) for all Vietnamese exporters of subject merchandise that have not
been found to be entitled to a separate rate, the cash deposit rate
will be that for the Vietnam-wide entity (i.e., 116.31 percent); and
(4) for all non-Vietnamese exporters of subject merchandise which have
not received their own rate, the cash deposit rate will be the rate
applicable to the Vietnamese exporter that supplied that non-Vietnamese
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 315.402(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
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR
351.213(h) and 351.221(b)(4).
Dated: June 23, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-14037 Filed 6-30-20; 8:45 am]
BILLING CODE 3510-DS-P