Mattresses From the People's Republic of China: Rescission of 2020 Antidumping Duty New Shipper Review
| Published date | 11 June 2021 |
| Citation | 86 FR 31275 |
| Record Number | 2021-12315 |
| Section | Notices |
| Court | Commerce Department,International Trade Administration |
Federal Register, Volume 86 Issue 111 (Friday, June 11, 2021)
[Federal Register Volume 86, Number 111 (Friday, June 11, 2021)]
[Notices]
[Pages 31275-31276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12315]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-092]
Mattresses From the People's Republic of China: Rescission of
2020 Antidumping Duty New Shipper Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that the sale made
by Shanghai Sunbeauty Trading Co., Ltd. (Sunbeauty) is a non-bona fide
sale. Therefore, we are rescinding this new shipper review (NSR).
DATES: Applicable June 11, 2021.
FOR FURTHER INFORMATION CONTACT: Jesse Montoya, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230; telephone: (202) 482-8211.
SUPPLEMENTARY INFORMATION:
Background
Commerce published its Preliminary Results in this NSR on March 1,
2021.\1\ Subsequently, Sunbeauty filed a case brief on March 31, 2021
\2\ and Brooklyn Bedding, Corsicana Mattress Company, Elite Comfort
Solutions, FXI, Inc., Innocor, Inc., Kolcraft Enterprises, Inc.,
Leggett & Platt, Incorporated, the International Brotherhood of
Teamsters, and United Steel, Paper and Forestry, Rubber, Manufacturing,
Energy, Allied Industrial and Service Workers International Union, AFL-
CIO (the petitioners) filed a rebuttal brief on
[[Page 31276]]
April 9, 2021.\3\ No party requested a hearing in this matter.
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\1\ See Mattresses from the People's Republic of China:
Preliminary Intent To Rescind the 2020 Antidumping Duty New Shipper
Review, 86 FR 11924 (March 1, 2021) (Preliminary Results); see also
Memorandum, ``Preliminary Bona Fide Sales Analysis for Shanghai
Sunbeauty Trading Co., Ltd.,'' dated February 18, 2021.
\2\ See Sunbeauty's Letter, ``Sunbeauty's Case Brief,'' dated
March 31, 2021.
\3\ See Petitioners' Letter, ``Mattress Petitioners' Rebuttal
Brief,'' dated April 9, 2021.
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Scope of the Order
The merchandise covered by the order are all types of youth and
adult mattresses from China. The products subject to the order are
currently properly classifiable under Harmonized Tariff Schedule for
the United States (HTSUS) subheadings: 9404.21.0010, 9404.21.0013,
9404.29.1005, 9404.29.1013, 9404.29.9085, and 9404.29.9087. Products
subject to this order may also enter under HTSUS subheadings:
9404.21.0095, 9404.29.1095, 9404.29.9095, 9401.40.0000, and
9401.90.5081. Although the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the
merchandise subject to this order is dispositive. For a complete
description of the scope of the order, see the Issues and Decision
Memorandum.\4\
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\4\ See Memorandum, ``Issues and Decision Memorandum for the
Rescission of the 2020 Antidumping Duty New Shipper Review of
Mattresses from the People's Republic of China,'' issued
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Analysis of Comments Received
The issue discussed in the case and rebuttal briefs is addressed in
the Issues and Decision Memorandum.\5\ The Issues and Decision
Memorandum is a public document and is on file via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov. In addition, a complete version of the Issues
and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The sole issue raised in the case brief is
listed in the appendix to this notice.
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\5\ Id.
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Rescission of the Antidumping New Shipper Review
For the reasons explained in the Issues and Decision Memorandum,
Commerce continues to find that the sale made by Sunbeauty is not a
bona fide sale for purposes of the antidumping duty law. Commerce
reached this conclusion based on the totality of the evidence,
including, among other things, the sales price and quantity. Because
Sunbeauty made no bona fide sales during the period of review (POR), we
are rescinding the NSR.
Assessment Rates
As Commerce is rescinding this NSR, Sunbeauty's status with respect
to the antidumping duty order on mattresses from the People's Republic
of China (China) remains unchanged. Sunbeauty remains part of the
China-wide entity and, accordingly, entries of its subject merchandise
into the United States during the POR will be assessed at the China-
wide rate.
Cash Deposit Requirements
Because we are rescinding this NSR, we are not determining a
company-specific cash deposit rate for Sunbeauty. Sunbeauty continues
to be part of the China-wide entity and is, therefore, subject to the
China-wide entity cash deposit rate of 1,731.75 percent.\6\
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\6\ See Mattresses from the People's Republic of China:
Antidumping Duty Order, 84 FR 68395 (December 16, 2019).
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Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under an APO in accordance with 19 CFR 351.305, which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return or
destruction of APO materials, or conversion to judicial protective
order, is hereby requested. Failure to comply with the regulations and
terms of an APO is a violation which is subject to sanction.
We are issuing and publishing this rescission in accordance with
sections 751(a)(2)(B) and 777(i)(1) of the Act.
Dated: June 7, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Sections in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment: Whether Sunbeauty's Sale is Bona Fide
V. Recommendation
[FR Doc. 2021-12315 Filed 6-10-21; 8:45 am]
BILLING CODE 3510-DS-P
