Mattresses From Thailand: Preliminary Results, Preliminary Intent To Rescind, in Part, and Partial Rescission of Antidumping Duty Administrative Review; 2020-2022, 37009-37011 [2023-12049]
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Federal Register / Vol. 88, No. 108 / Tuesday, June 6, 2023 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
IV. Order
It is therefore ordered:
First, that Quicksilver Manufacturing,
Inc., with an address at 8209 Market St
#A173, Wilmington, NC 28411; Rapid
Cut LLC, with an address at 8209
Market St #A173, Wilmington, NC
28411; and US Prototype, Inc., with an
address at 8209 Market St #A173,
Wilmington, NC 28411 (collectively
Respondents), when acting for or on
their behalf, any successors or assigns,
agents, or employees may not, directly
or indirectly, participate in any way in
any transaction involving any
commodity, software or technology
(hereinafter collectively referred to as
‘‘item’’) exported or to be exported from
the United States that is listed on the
Commerce Control List as set forth in
Supplement No. 1 to 15 CFR part 774,
or in any other activity involving an
item listed on the Commerce Control
List including, but not limited to:
A. Applying for, obtaining, or using
any license, license exception, or export
control document involving an item
listed on the Commerce Control List;
B. Carrying on negotiations
concerning, or ordering, buying,
receiving, using, selling, delivering,
storing, disposing of, forwarding,
transporting, financing, or otherwise
servicing in any way, any transaction
involving any item exported or to be
exported from the United States that is
listed on the Commerce Control List; or
C. Benefitting in any way from any
transaction involving any item exported
or to be exported from the United States
that is listed on the Commerce Control
List.
Second, that no person may, directly
or indirectly, do any of the following:
A. Export, reexport, or transfer (incountry) to or on behalf of Respondents
any item listed on the Commerce
Control List;
B. Take any action that facilitates the
acquisition or attempted acquisition by
Respondents of the ownership,
possession, or control of any item listed
on the Commerce Control List that has
been or will be exported from the
United States, including financing or
other support activities related to a
transaction whereby Respondents
acquires or attempts to acquire such
ownership, possession or control;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from Respondents of any
item listed on the Commerce Control
List that has been exported from the
United States;
D. Obtain from Respondents in the
United States any item listed on the
Commerce Control List, with knowledge
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or reason to know that the item will be,
or is intended to be, exported from the
United States; or
E. Engage in any transaction to service
any item listed on the Commerce
Control List, that has been or will be
exported from the United States and
which is owned, possessed or controlled
by Respondents or service any item, of
whatever origin, that is owned,
possessed or controlled by Respondents
if such service involves the use of any
item listed on the Commerce Control
List, that has been or will be exported
from the United States. For purposes of
this paragraph, servicing means
installation, maintenance, repair,
modification, or testing.
Third, that, after notice and
opportunity for comment as provided in
section 766.23 of the EAR, any other
person, firm, corporation, or business
organization related to Respondents by
ownership, control, position of
responsibility, affiliation, or other
connection in the conduct of trade or
business may also be made subject to
the provisions of this Order.
In accordance with the provisions of
sections 766.24(e) of the EAR,
Respondents may, at any time, appeal
this Order by filing a full written
statement in support of the appeal with
the Office of the Administrative Law
Judge, U.S. Coast Guard ALJ Docketing
Center, 40 South Gay Street, Baltimore,
Maryland 21202–4022.
In accordance with the provisions of
section 766.24(d) of the EAR, BIS may
seek renewal of this Order by filing a
written request not later than 20 days
before the expiration date. A renewal
request may be opposed by Respondents
as provided in section 766.24(d), by
filing a written submission with the
Assistant Secretary of Commerce for
Export Enforcement, which must be
received not later than seven days
before the expiration date of the Order.
A copy of this Order shall be provided
to Respondents and shall be published
in the Federal Register.
This Order is effective immediately
and shall remain in effect for 180 days.
Dated: June 1, 2023.
Matthew S. Axelrod,
Assistant Secretary of Commerce for Export
Enforcement.
[FR Doc. 2023–12067 Filed 6–5–23; 8:45 am]
BILLING CODE 3510–DT–P
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37009
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–841]
Mattresses From Thailand: Preliminary
Results, Preliminary Intent To Rescind,
in Part, and Partial Rescission of
Antidumping Duty Administrative
Review; 2020–2022
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
finds that Saffron Living Co., Ltd.
(Saffron), did not make a bona fide sale
of a mattress from Thailand during the
period of review (POR) November 3,
2020, through April 30, 2022. Therefore,
Commerce intends to rescind this
administrative review with respect to
Saffron. Additionally, we are rescinding
this review with respect to Nisco
(Thailand) Co., Ltd. (Nisco) because it
timely withdrew its administrative
review request, and no other party
requested a review of the company. We
invite interested parties to comment on
these preliminary results.
DATES: Applicable June 6, 2023.
FOR FURTHER INFORMATION CONTACT:
Paola Aleman Ordaz, AD/CVD
Operations, Office IV, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4031.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On May 14, 2021, Commerce
published in the Federal Register the
antidumping duty (AD) order on
mattresses from Thailand.1 On May 2,
2022, Commerce published a notice of
opportunity to request an administrative
review of the Order for the POR.2 On
May 31, 2022, Nisco and Saffron each
requested an administrative review of
their entries.3 On July 14, 2022, based
on these timely requests for
administrative review, Commerce
initiated this administrative review with
1 See Mattresses from Cambodia, Indonesia,
Malaysia, Serbia, Thailand, the Republic of Turkey,
and the Socialist Republic of Vietnam:
Antidumping Duty Orders and Amended Final
Affirmative Antidumping Determination for
Cambodia, 86 FR 26460 (May 14, 2021) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review and Join Annual
Inquiry Service List, 87 FR 25619 (May 2, 2022).
3 See Nisco’s Letter, ‘‘Request for Administrative
Review,’’ dated May 31, 2022; see also Saffron’s
Letter, ‘‘Request for Administrative Review,’’ dated
May 31, 2022.
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Federal Register / Vol. 88, No. 108 / Tuesday, June 6, 2023 / Notices
respect to Nisco and Saffron.4 On
September 8, 2022, Nisco timely
withdrew its request for administrative
review.5
On December 15, 2022, Commerce
extended these preliminary results by
120 days to no later than May 31, 2023.6
For a more complete description of the
events between the initiation of this
review and these preliminary results,
see the Preliminary Decision
Memorandum.7
Scope of the Order
The products covered by the Order
are mattresses from Thailand. For a full
description of the scope of the Order,
see the Preliminary Decision
Memorandum.8
Partial Rescission
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole, or in
part, if the party that requested a review
withdraws the request within 90 days of
the date of publication of the notice of
initiation. As noted above, Nisco timely
withdrew its review request with
respect to itself. Because no other party
has requested a review of Nisco, we are
rescinding this review, in part, with
respect to Nisco, pursuant to 19 CFR
351.213(d)(1).
Intent To Rescind, in Part
ddrumheller on DSK120RN23PROD with NOTICES1
As discussed in the Preliminary
Decision Memorandum and as further
explained in the Bona Fide Sales
Memorandum, Commerce preliminary
finds that Saffron did not make a bona
fide sale of a mattress during the POR.9
Commerce reached this conclusion
based on the totality of the record
information surrounding Saffron’s
reported sales, including, but not
limited to, the sales price, the expenses
incurred arising from the transaction,
profitability of the resold subject
merchandise, and the likelihood that the
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
42144 (July 14, 2022).
5 See Nisco’s Letter, ‘‘Withdrawal of Request for
Administrative Review,’’ dated September 8, 2022.
6 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of the 2020–2022 Antidumping
Duty Administrative Review,’’ dated December 15,
2022.
7 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results, Preliminary Intent to
Rescind, in Part, and Partial Rescission of
Antidumping Duty Administrative Review; 2020–
2022: Mattresses from Thailand,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
8 See Preliminary Decision Memorandum at
‘‘Scope of the Order.’’
9 See Memorandum, ‘‘Preliminary Bona Fide
Sales Analysis,’’ dated concurrently with this notice
(Bona Fide Sales Memorandum).
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sale is atypical due to the business
nature of the U.S. customer.
Because we find that Saffron did not
make a bona fide sale during the POR,
we find that Saffron had no reviewable
transactions during this POR.
Accordingly, we preliminarily intend to
rescind this administrative review.10
The factual information used in our
bona fide sales analysis of Saffron’s
sales involves business proprietary
information. See the Bona Fide Sales
Memorandum for a full discussion of
the basis of our preliminary findings.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Tariff Act of 1930, as amended
(the Act). A list of topics discussed in
the Preliminary Decision Memorandum
is attached as the appendix to this
notice. The Preliminary Decision
Memorandum is a public document and
is made available to the public 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 Preliminary Decision
Memorandum is available at https://
access.trade.gov/public/
FRNoticesListLayout.aspx.
Public Comment
Interested parties may submit case
briefs no later than 30 days after the
date of publication of this notice.11
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed not later
than seven days after the date for filing
case briefs.12 Commerce modified
certain of its requirements for serving
documents containing business
proprietary information until further
notice.13 Parties who submit case or
rebuttal briefs in this proceeding are
encouraged to submit with each
argument: (1) a statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.14
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
10 See
19 CFR 351.213(d)(3).
19 CFR 351.309(c)(1)(ii); see also
Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19, 85 FR 17006,
17007 (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 remain in effect).’’).
12 See 19 CFR 351.309(d); see also 19 CFR
351.303 (for general filing requirements).
13 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
14 See 19 CFR 351.309(c)(2) and (d)(2).
11 See
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hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the
publication of this notice. Requests
should contain the party’s name,
address, telephone number, the number
of participants, whether any participant
is a foreign national, and a list of the
issues to be discussed. If a request for
a hearing is made, Commerce intends to
hold the hearing at a time and date to
be determined. Parties should confirm
by telephone the date, time, and
location of the hearing two days before
the scheduled date.
Unless extended, Commerce intends
to issue the final results of this
administrative review, including the
results of its analysis of the issues raised
in any written briefs, no later than 120
days after the date of publication of this
notice, pursuant to section 751(a)(3)(A)
of the Act and 19 CFR 351.213(h)(1).
Verification
On October 24, 2022, Commerce
received a timely request from Brooklyn
Bedding; Elite Comfort Solutions; FXI,
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 (USW)
(collectively, the petitioners) to verify
the information submitted by Saffron in
the course of this administrative review,
pursuant to section 782(i)(3). Because
we intend to rescind this administrative
review with respect to Saffron, we are
not conducting a verification.
Assessment Rates
If Commerce proceeds to a final
rescission of this administrative review,
the assessment rate of 37.48 to which
Saffron’s shipments are subject will not
be affected by this review.15 If
Commerce does not proceed to a final
rescission of this administrative review
with respect to Saffron, pursuant to 19
CFR 351.212(b)(1), we will calculate
importer-specific (or customer-specific)
assessment rates based on the final
results of this review.
Because Commerce is rescinding this
administrative review with respect to
Nisco, Nisco’s entries will be liquidated
at its company-specific rate of 763.28.16
15 See Mattresses from Thailand: Final
Affirmative Determination of Sales at Less Than
Fair Value, 86 FR 15928, 15929 (March 25, 2021).
16 Id.
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Federal Register / Vol. 88, No. 108 / Tuesday, June 6, 2023 / Notices
Cash Deposit Requirements
DEPARTMENT OF COMMERCE
If Commerce proceeds to a final
rescission of this administrative review,
Saffron’s cash deposit rate will continue
to be its company-specific rate of
37.48.17 If Commerce issues final results
for this administrative review,
Commerce will instruct U.S. Customs
and Border Protection to collect cash
deposits, effective upon the publication
of the final results, as the rates
established therein.
Because Commerce is rescinding this
administrative review with respect to
Nisco, Nisco’s entries continue to be
subject to its company-specific rate of
763.28.18
These cash deposit requirements,
when imposed, shall remain in effect
until further notice.
International Trade Administration
Notification to Importers
This notice 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
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)(2) and
351.221(b)(4).
Dated: May 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
ddrumheller on DSK120RN23PROD with NOTICES1
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative
Review
V. Discussion of Methodology
VI. Recommendation
[FR Doc. 2023–12049 Filed 6–5–23; 8:45 am]
BILLING CODE 3510–DS–P
17 Id.
18 Id.
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[A–122–863]
Large Diameter Welded Pipe From
Canada: Preliminary Results of
Antidumping Duty Administrative
Review and Preliminary Determination
of No Shipments; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
finds that large diameter welded pipe
(welded pipe) from Canada was not sold
in the United States at less than normal
value (NV) during the period of review
(POR), May 1, 2021, through April 30,
2022. The review covers 40 producers or
exporters of the subject merchandise,
including the single entity comprised of
Evraz Inc. NA, Evraz Inc. NA Canada
and The Canadian National Steel
Corporation (collectively, Evraz), the
sole respondent that was selected for
individual examination. We invite
interested parties to comment on these
preliminary results.
DATES: Applicable June 6, 2023.
FOR FURTHER INFORMATION CONTACT:
Faris Montgomery, AD/CVD Operations,
Office VIII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–1537.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On May 2, 2019, Commerce published
the antidumping duty order on welded
pipe from Canada.1 On July 14, 2022, in
accordance with 19 CFR
351.221(c)(1)(i), Commerce published in
the Federal Register the initiation of
this administrative review of the Order.2
Pursuant to section 751(a)(3)(A) of the
Tariff Act of 1930, as amended (the Act),
on December 22, 2022, Commerce
determined that it was not practicable to
complete the preliminary results of this
review within 245 days and extended
the deadline for the preliminary results
of this review by 100 days, until May
11, 2023.3 On April 27, 2023, Commerce
1 See Large Diameter Welded Pipe from Canada:
Antidumping Duty Order, 84 FR 18775 (May 2,
2019) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
42144 (July 14, 2022).
3 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review; 2021–2022,’’ dated
December 22, 2022.
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37011
extended the deadline of the
preliminary results by 20 additional
days, until May 31, 2023.4
For a detailed description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.5 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
I to this notice. The Preliminary
Decision Memorandum is a public
document and is available 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 Preliminary Decision
Memorandum can be found at https://
access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Order
The product covered by the Order is
welded pipe from Canada. The subject
merchandise is currently classified in
the Harmonized Tariff Schedule of the
United States (HTSUS) under
subheadings 7305.11.1030,
7305.11.1060, 7305.11.5000,
7305.12.1030, 7305.12.1060,
7305.12.5000, 7305.19.1030,
7305.19.1060, 7305.19.5000,
7305.31.4000, 7305.31.6090,
7305.39.1000 and 7305.39.5000. While
the HTSUS subheadings are provided
for convenience and customs purposes,
the written description of the scope of
this Order is dispositive.
For a full description of the scope, see
the Preliminary Decision Memorandum.
Preliminary Determination of No
Shipments
Three exporters under review,
Forterra Pipe & Precast, Ltd. (Forterra),
Hyprescon Inc. (Hyprescon), and Canam
Group Inc. (Canam), properly filed a
certification reporting that they made no
shipments of subject merchandise
during the POR.6 We received no
4 See Memorandum, ‘‘Second Extension of
Deadline for Preliminary Results of Antidumping
Duty Administrative Review,’’ dated April 27, 2023.
5 See Memorandum, ’’ Decision Memorandum for
the Preliminary Results of the Administrative
Review of the Antidumping Duty Order on Large
Diameter Welded Pipe from Canada; 2021–2022,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
6 See Forterra and Hyprescon’s Letter, ‘‘No
Shipment Letter of Forterra and Hyprescon Inc.,’’
dated August 9, 2022; see also Canam’s Letter,
‘‘Canam Group Inc.’s Certification of No Sales,
Shipments, or Entries,’’ dated August 10, 2022. In
the Initiation Notice, Canam was listed as Canam
(St Gedeon). However, in its certification of no
shipments, it noted that Canam (St Gedeon) is a
plant location and not its legal name.
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]]>Agencies
[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Notices]
[Pages 37009-37011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12049]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-841]
Mattresses From Thailand: Preliminary Results, Preliminary Intent
To Rescind, in Part, and Partial Rescission of Antidumping Duty
Administrative Review; 2020-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that Saffron Living Co., Ltd. (Saffron), did not make a bona fide sale
of a mattress from Thailand during the period of review (POR) November
3, 2020, through April 30, 2022. Therefore, Commerce intends to rescind
this administrative review with respect to Saffron. Additionally, we
are rescinding this review with respect to Nisco (Thailand) Co., Ltd.
(Nisco) because it timely withdrew its administrative review request,
and no other party requested a review of the company. We invite
interested parties to comment on these preliminary results.
DATES: Applicable June 6, 2023.
FOR FURTHER INFORMATION CONTACT: Paola Aleman Ordaz, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4031.
SUPPLEMENTARY INFORMATION:
Background
On May 14, 2021, Commerce published in the Federal Register the
antidumping duty (AD) order on mattresses from Thailand.\1\ On May 2,
2022, Commerce published a notice of opportunity to request an
administrative review of the Order for the POR.\2\ On May 31, 2022,
Nisco and Saffron each requested an administrative review of their
entries.\3\ On July 14, 2022, based on these timely requests for
administrative review, Commerce initiated this administrative review
with
[[Page 37010]]
respect to Nisco and Saffron.\4\ On September 8, 2022, Nisco timely
withdrew its request for administrative review.\5\
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\1\ See Mattresses from Cambodia, Indonesia, Malaysia, Serbia,
Thailand, the Republic of Turkey, and the Socialist Republic of
Vietnam: Antidumping Duty Orders and Amended Final Affirmative
Antidumping Determination for Cambodia, 86 FR 26460 (May 14, 2021)
(Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 25619 (May 2,
2022).
\3\ See Nisco's Letter, ``Request for Administrative Review,''
dated May 31, 2022; see also Saffron's Letter, ``Request for
Administrative Review,'' dated May 31, 2022.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 42144 (July 14, 2022).
\5\ See Nisco's Letter, ``Withdrawal of Request for
Administrative Review,'' dated September 8, 2022.
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On December 15, 2022, Commerce extended these preliminary results
by 120 days to no later than May 31, 2023.\6\ For a more complete
description of the events between the initiation of this review and
these preliminary results, see the Preliminary Decision Memorandum.\7\
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\6\ See Memorandum, ``Extension of Deadline for Preliminary
Results of the 2020-2022 Antidumping Duty Administrative Review,''
dated December 15, 2022.
\7\ See Memorandum, ``Decision Memorandum for the Preliminary
Results, Preliminary Intent to Rescind, in Part, and Partial
Rescission of Antidumping Duty Administrative Review; 2020-2022:
Mattresses from Thailand,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the Order are mattresses from Thailand. For
a full description of the scope of the Order, see the Preliminary
Decision Memorandum.\8\
---------------------------------------------------------------------------
\8\ See Preliminary Decision Memorandum at ``Scope of the
Order.''
---------------------------------------------------------------------------
Partial Rescission
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole, or in part, if the party that
requested a review withdraws the request within 90 days of the date of
publication of the notice of initiation. As noted above, Nisco timely
withdrew its review request with respect to itself. Because no other
party has requested a review of Nisco, we are rescinding this review,
in part, with respect to Nisco, pursuant to 19 CFR 351.213(d)(1).
Intent To Rescind, in Part
As discussed in the Preliminary Decision Memorandum and as further
explained in the Bona Fide Sales Memorandum, Commerce preliminary finds
that Saffron did not make a bona fide sale of a mattress during the
POR.\9\ Commerce reached this conclusion based on the totality of the
record information surrounding Saffron's reported sales, including, but
not limited to, the sales price, the expenses incurred arising from the
transaction, profitability of the resold subject merchandise, and the
likelihood that the sale is atypical due to the business nature of the
U.S. customer.
---------------------------------------------------------------------------
\9\ See Memorandum, ``Preliminary Bona Fide Sales Analysis,''
dated concurrently with this notice (Bona Fide Sales Memorandum).
---------------------------------------------------------------------------
Because we find that Saffron did not make a bona fide sale during
the POR, we find that Saffron had no reviewable transactions during
this POR. Accordingly, we preliminarily intend to rescind this
administrative review.\10\ The factual information used in our bona
fide sales analysis of Saffron's sales involves business proprietary
information. See the Bona Fide Sales Memorandum for a full discussion
of the basis of our preliminary findings.
---------------------------------------------------------------------------
\10\ See 19 CFR 351.213(d)(3).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). A list of
topics discussed in the Preliminary Decision Memorandum is attached as
the appendix to this notice. The Preliminary Decision Memorandum is a
public document and is made available to the public 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
Preliminary Decision Memorandum is available at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Public Comment
Interested parties may submit case briefs no later than 30 days
after the date of publication of this notice.\11\ Rebuttal briefs,
limited to issues raised in the case briefs, may be filed not later
than seven days after the date for filing case briefs.\12\ Commerce
modified certain of its requirements for serving documents containing
business proprietary information until further notice.\13\ Parties who
submit case or rebuttal briefs in this proceeding are encouraged to
submit with each argument: (1) a statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.\14\
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\11\ See 19 CFR 351.309(c)(1)(ii); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006,
17007 (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 remain in effect).'').
\12\ See 19 CFR 351.309(d); see also 19 CFR 351.303 (for general
filing requirements).
\13\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
\14\ See 19 CFR 351.309(c)(2) and (d)(2).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the publication of this notice. Requests should contain the
party's name, address, telephone number, the number of participants,
whether any participant is a foreign national, and a list of the issues
to be discussed. If a request for a hearing is made, Commerce intends
to hold the hearing at a time and date to be determined. Parties should
confirm by telephone the date, time, and location of the hearing two
days before the scheduled date.
Unless extended, Commerce intends to issue the final results of
this administrative review, including the results of its analysis of
the issues raised in any written briefs, no later than 120 days after
the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Verification
On October 24, 2022, Commerce received a timely request from
Brooklyn Bedding; Elite Comfort Solutions; FXI, 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 (USW) (collectively, the petitioners) to
verify the information submitted by Saffron in the course of this
administrative review, pursuant to section 782(i)(3). Because we intend
to rescind this administrative review with respect to Saffron, we are
not conducting a verification.
Assessment Rates
If Commerce proceeds to a final rescission of this administrative
review, the assessment rate of 37.48 to which Saffron's shipments are
subject will not be affected by this review.\15\ If Commerce does not
proceed to a final rescission of this administrative review with
respect to Saffron, pursuant to 19 CFR 351.212(b)(1), we will calculate
importer-specific (or customer-specific) assessment rates based on the
final results of this review.
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\15\ See Mattresses from Thailand: Final Affirmative
Determination of Sales at Less Than Fair Value, 86 FR 15928, 15929
(March 25, 2021).
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Because Commerce is rescinding this administrative review with
respect to Nisco, Nisco's entries will be liquidated at its company-
specific rate of 763.28.\16\
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\16\ Id.
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[[Page 37011]]
Cash Deposit Requirements
If Commerce proceeds to a final rescission of this administrative
review, Saffron's cash deposit rate will continue to be its company-
specific rate of 37.48.\17\ If Commerce issues final results for this
administrative review, Commerce will instruct U.S. Customs and Border
Protection to collect cash deposits, effective upon the publication of
the final results, as the rates established therein.
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\17\ Id.
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Because Commerce is rescinding this administrative review with
respect to Nisco, Nisco's entries continue to be subject to its
company-specific rate of 763.28.\18\
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\18\ Id.
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice 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
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)(2) and 351.221(b)(4).
Dated: May 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Discussion of Methodology
VI. Recommendation
[FR Doc. 2023-12049 Filed 6-5-23; 8:45 am]
BILLING CODE 3510-DS-P
