[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