[Federal Register Volume 75, Number 194 (Thursday, October 7, 2010)]
[Notices]
[Pages 62107-62108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25239]
[[Page 62107]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-928]
Uncovered Innerspring Units From the People's Republic of China:
Initiation of Antidumping Duty New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce
DATES: Effective Date: October 7, 2010.
SUMMARY: The Department of Commerce (``Department'') has determined
that a request for a new shipper review (``NSR'') of the antidumping
duty order on uncovered innerspring units from the People's Republic of
China (``PRC''), received on August 20, 2010, meets the statutory and
regulatory requirements for initiation. The period of review (``POR'')
for this NSR is February 1, 2010, through July 31, 2010. The request
was filed on behalf of Foshan Nanhai Jiujiang Quan Li Spring Hardware
Factory (``Quan Li'') and Foshan Yongnuo Import & Export Co. Ltd
(``Yongnuo''). Quan Li is the producer of subject merchandise and
Yongnuo is the exporter. Therefore, subject merchandise that is
produced by Quan Li and exported by Yongnuo is the subject of this NSR.
In this instance, Yongnuo's sale of subject merchandise was made during
the POR specified by the Department's regulations but the shipment
entered four days after the end of that POR. The Department finds that
extending the POR to capture this entry would not prevent the
completion of the review within the time limits set by the Department's
regulations. Therefore, the Department has extended the POR for the new
shipper review of Yongnuo by four days.
FOR FURTHER INFORMATION CONTACT: Steven Hampton, AD/CVD Operations,
Office 9, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: 202-482-0116.
SUPPLEMENTARY INFORMATION:
Background
The notice announcing the antidumping duty order on uncovered
innerspring units from the PRC was published in the Federal Register on
February 19, 2009. See Uncovered Innerspring Units from the People's
Republic of China: Notice of Antidumping Duty Order, 74 FR 7661
(February 19, 2009) (``Antidumping Duty Order''). On August 20, 2010,
pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as
amended (``Act''), and 19 CFR 351.214(c), the Department received a NSR
request from Yongnuo. Yongnuo's request was properly made during August
2010, which is the semi-annual anniversary of the Antidumping Duty
Order. Quan Li certified that it is the producer and Yongnuo certified
that it is the exporter of the subject merchandise upon which the
request was based.
Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR
351.214(b)(2)(i), Quan Li and Yongnuo certified that they did not
export subject merchandise to the United States during the period of
investigation (``POI''). In addition, pursuant to section
751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Quan
Li and Yongnuo certified that, since the initiation of the
investigation, they have never been affiliated with any Chinese
exporter or producer who exported subject merchandise to the United
States during the POI, including those respondents not individually
examined during the investigation. As required by 19 CFR
351.214(b)(2)(iii)(B), Yongnuo also certified that its export
activities were not controlled by the central government of the PRC.
In addition to the certifications described above, pursuant to 19
CFR 351.214(b)(2)(iv), Yongnuo submitted documentation establishing the
following: (1) The date on which Yongnuo first shipped subject
merchandise for export to the United States and; (2) the volume of its
first shipment; and (3) the date of its first sale to an unaffiliated
customer in the United States.
When the sale of the subject merchandise occurs within the POR
specified by the Department's regulations but the entry occurs after
the POR, the specified POR may be extended unless it would be likely to
prevent the completion of the review within the time limits set by the
Department's regulations. See 19 CFR 351.214(f)(2)(ii). Additionally,
the preamble to the Department's regulations states that both the entry
and the sale should occur during the POR and that under ``appropriate''
circumstances the Department has the flexibility to extend the POR. See
Antidumping Duties; Countervailing Duties; Final Rule, 62 FR 27296,
27319-27320 (May 19, 1997).
For purposes of initiation, Department accepts the invoice dated
within the POR as evidence that Yongnuo had a sale to the United States
during the POR. However, the Department will consider further the
proper date of sale in the context of this new shipper review and
whether that sale occurred during the POR.
Initiation of New Shipper Reviews
Pursuant to section 751(a)(2)(B) of the Tariff Act of 1930, as
amended (the ``Act'') and 19 CFR 351.214(d)(1), we find that the
request submitted by Yongnuo meets the threshold requirements for
initiation of a new shipper review for shipments of uncovered
innerspring units from the PRC produced by Quan Li and exported by
Yongnuo. The Department intends to issue the preliminary results of
this NSR no later than 180 days from the date of initiation, and the
final results no later than 270 days from the date of initiation. See
section 751(a)(2)(B)(iv) of the Act.
It is the Department's usual practice, in cases involving non-
market economies, to require that a company seeking to establish
eligibility for an antidumping duty rate separate from the country-wide
rate provide evidence of de jure and de facto absence of government
control over the company's export activities. Accordingly, we will
issue questionnaires to Yongnuo, which will include a section
requesting information with regard to its export activities for
separate rates purposes. The review will proceed if the response
provides sufficient indication that Yongnuo is not subject to either de
jure or de facto government control with respect to its export of
subject merchandise.
We will instruct U.S. Customs and Border Protection to allow, at
the option of the importer, the posting, until the completion of the
review, of a bond or security in lieu of a cash deposit for each entry
of the subject merchandise from Yongnuo in accordance with section
751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Quan Li
certified it produced the subject merchandise, and Yongnuo certified
that it exported the subject merchandise, the sale of which is the
basis for this new shipper review request, we will apply the bonding
privilege to Quan Li and Yongnuo only for subject merchandise which
Quan Li produced and Yongnuo exported.
Interested parties requiring access to proprietary information in
this NSR should submit applications for disclosure under administrative
protective order in accordance with 19 CFR 351.305 and 19 CFR 351.306.
This initiation and notice are in accordance with section
751(a)(2)(B) of the Act and 19 CFR 351.214 and 19 CFR 351.221(c)(1)(i).
[[Page 62108]]
Dated: September 29, 2010.
Susan H. Kuhbach,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2010-25239 Filed 10-6-10; 8:45 am]
BILLING CODE 3510-DS-P