Mattresses From Thailand: Notice of Court Decision Not in Harmony With the Final Determination of Antidumping Investigation; Notice of Amended Final Determination; Notice of Amended Order, in Part, 456-457 [2024-00038]
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Federal Register / Vol. 89, No. 3 / Thursday, January 4, 2024 / Notices
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for shipments of
the subject merchandise from China
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by section
751(a)(2)(C) of the Act: (1) for the
exporters listed above, the cash deposit
rate will be the rate established in the
final results of this review (except, if the
rate is zero or de minimis, a zero cash
deposit rate will be required for that
company); (2) for previously
investigated or reviewed China and nonChina exporters not listed above that
have separate rates, the cash deposit rate
will continue to be the existing
producer/exporter-specific rate
published for the most recent period; (3)
for all China exporters of subject
merchandise that have not been found
to be eligible for a separate rate, the cash
deposit rate will be the China-wide rate
of 285.63 percent; and (4) for all nonChina exporters of subject merchandise
that have not received their own rate,
the cash deposit rate will be the rate
applicable to the China exporter(s) that
supplied that non-China exporter. These
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers Regarding the
Reimbursement of Duties
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this POR. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
and/or countervailing duties has
occurred and the subsequent assessment
of double antidumping duties, and/or
increase in the amount of antidumping
duties by the amount of the
countervailing duties.
khammond on DSKJM1Z7X2PROD with NOTICES
Administrative Protective Order (APO)
This notice also serves as a reminder
to parties subject to an APO of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), 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
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16:54 Jan 03, 2024
Jkt 262001
requested. Failure to comply with the
regulations and terms of an APO is a
violation which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these
final results of administrative review in
accordance with sections 751(a)(1) and
777(i) of the Act, and 19 CFR
351.221(b)(5).
Dated: December 28, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix I
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Comparable Merchandise
Comment 2: Surrogate Country Selection
Comment 3: Whether Romanian SV
Information was Timely Submitted
Comment 4: Whether the Romanian SV for
Chlorine is Aberrant
VI. Recommendation
[FR Doc. 2023–28998 Filed 1–3–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–841]
Mattresses From Thailand: Notice of
Court Decision Not in Harmony With
the Final Determination of
Antidumping Investigation; Notice of
Amended Final Determination; Notice
of Amended Order, in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 22, 2023, the
U.S. Court of International Trade (CIT)
issued its final judgment in Brooklyn
Bedding LLC v. United States, Court No.
21–00285 sustaining the U.S.
Department of Commerce’s (Commerce)
first final results of redetermination
pertaining to the antidumping duty (AD)
investigation of mattresses from
Thailand covering the period of
investigation January 1, 2019, through
December 31, 2019. Commerce is
notifying the public that the CIT’s final
judgment is not in harmony with
Commerce’s final determination in the
investigation, and Commerce is
amending the final determination and
the resulting AD order with respect to
the dumping margins assigned to
Saffron Living Co., Ltd. (Saffron) and all
AGENCY:
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Sfmt 4703
other producers and exporters of subject
merchandise.
DATES: Applicable January 1, 2024.
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 March 25, 2021, Commerce
published in the Federal Register its
final determination in the AD
investigation of mattresses from
Thailand.1 Commerce subsequently
published in the Federal Register the
AD order on mattresses from Thailand.2
The petitioners 3 appealed
Commerce’s Final Determination. On
July 20, 2023, the CIT remanded the
Final Determination to Commerce.4
Specifically, the CIT remanded
Commerce to: (1) undertake verification
of Saffron in accordance with section
782(i)(1) of the Tariff Act of 1930, as
amended (the Act), insofar as Commerce
continued to rely upon the company’s
data; and (2) explain why Commerce
departed from its practice of applying
the transactions disregarded and/or
major unput rules or, alternatively, to
apply either or both of those rules.5
In its final results of redetermination,
issued on September 18, 2023,
Commerce applied adverse facts
available (AFA) to Saffron because the
company withdrew from the remand
proceeding, and thus, Commerce could
neither verify Saffron’s sales or cost
data, nor apply the transactions
disregarded and/or major input rules to
its data.6 As a result, Commerce
1 See Mattresses from Thailand: Final Affirmative
Determination of Sales at Less Than Fair Value, 86
FR 15928 (March 25, 2021) (Final Determination),
and accompanying Issues and Decision
Memorandum (IDM).
2 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).
3 The petitioners are: Brooklyn Bedding;
Corsicana Mattress Company; Elite Comfort
Solutions; FXI, Inc.; Kolcraft Enterprises, Inc.;
Leggett & Platt, Incorporated; the International
Brotherhood of Teamsters; and the United Steel,
Paper and Forestry, Rubber, Manufacturing, Energy,
Allied Industrial and Service Workers International
Union, AFL–CIO (USW) (collectively, the
petitioners).
4 See Brooklyn Bedding, LLC. v. United States,
Court No. 21–00285, Slip Op. 23–107 (CIT July 20,
2023).
5 Id. at 12 and 14.
6 See Final Results of Redetermination Pursuant
to Court Remand, Brooklyn Bedding LLC, et al. v.
E:\FR\FM\04JAN1.SGM
04JAN1
Federal Register / Vol. 89, No. 3 / Thursday, January 4, 2024 / Notices
assigned Saffron the highest dumping
margin alleged in the petition, as AFA
(i.e., 763.28 percent).7 Moreover, in the
absence of a calculated estimated
weighted-average dumping margin on
the record of the proceeding,8
Commerce recalculated the all-others
rate by averaging the dumping margins
alleged in the Petition,9 and assigned
the recalculated rate of 572.56 percent
to all other producers and exporters of
subject merchandise, consistent with
section 735(c)(5)(B) of the Act 10 and
Commerce’s practice.11 The CIT
sustained Commerce’s Final Remand.12
Timken Notice
In its decision in Timken,13 as
clarified by Diamond Sawblades,14 the
U.S. Court of Appeals for the Federal
Circuit held that, pursuant to sections
516A(c) and (e) of the Act, Commerce
must publish notice of a court decision
that is not ‘‘in harmony’’ with a
determination of Commerce and must
suspend liquidation of entries pending
a ‘‘conclusive’’ court decision. The CIT’s
December 22, 2023, judgment
constitutes a final decision of the CIT
that is not in harmony with Commerce’s
Final Determination and Order. Thus,
this notice is published in fulfillment of
the publication requirements of Timken.
Amended Final Determination
Because there is now a final court
judgment, Commerce is amending its
Final Determination with respect to
Saffron and all other producers and
exporters of subject merchandise as
follows:
Exporter/producer
Estimated
weightedaverage
dumping
margin
(percent)
Saffron Living Co., Ltd ................
All Others ....................................
763.28
572.56
Amended AD Order, in Part
As a result of this amended final
determination, Commerce is hereby
amending the Order to revise the
dumping margins assigned to Saffron
and all-other producers and exporters of
subject merchandise, as noted above.
Cash Deposit Requirements
Because Saffron does not have a
superseding cash deposit rate, i.e., there
have been no final results published in
a subsequent administrative review of
Saffron,15 and because of the change to
the rate assigned to all other producers
and exporters of subject merchandise,
Commerce will issue revised cash
deposit instructions to U.S. Customs
and Border Protection.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 516A(c) and
(e) and 777(i)(1) of the Act.
Dated: December 29, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2024–00038 Filed 1–3–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
khammond on DSKJM1Z7X2PROD with NOTICES
[A–570–979]
United States, Court No. 21–00285, Slip Op. 23–107
(CIT July 20, 2023), dated September 18, 2023
(Final Remand), at 11.
7 Id. at 8–9.
8 Id. at 12.
9 See Brooklyn Bedding LLC’s Letter, ‘‘Mattresses
from Cambodia, China, Indonesia, Malaysia, Serbia,
Thailand, Turkey, and Vietnam: Antidumping and
Countervailing Duty Petitions,’’ dated March 31,
2020 (Petition).
10 See Final Remand at 12.
11 See, e.g., Notice of Final Determination of Sales
at Less Than Fair Value: Sodium Nitrite from the
Federal Republic of Germany, 73 FR 38986, 38987
(July 8, 2008), and accompanying IDM at Comment
2.
12 See Brooklyn Bedding, LLC. v. United States,
Court No. 21–00285, Slip Op. 23–189 (CIT
December 22, 2023).
13 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken).
14 See Diamond Sawblades Manufacturers
Coalition v. United States, 626 F.3d 1374 (Fed. Cir.
2010) (Diamond Sawblades).
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16:54 Jan 03, 2024
Jkt 262001
Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into
Modules, From the People’s Republic
of China: Preliminary Results of
Antidumping Duty Administrative
Review, Partial Rescission of
Antidumping 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
determines that Shenzhen Sungold
Solar Co., Ltd. (Sungold), and the
AGENCY:
15 Commerce rescinded the first AD
administrative review of Saffron. See Mattresses
from Thailand: Final Results and Rescission of the
Antidumping Duty Administrative Review; 2020–
2022, 88 FR 85224 (December 7, 2023).
PO 00000
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Fmt 4703
Sfmt 4703
457
companies which Commerce
preliminarily granted separate rates, did
not sell subject merchandise at prices
below normal value (NV) during the
period December 1, 2021, through
November 30, 2022, the period of
review (POR). Commerce also
preliminarily determines that certain
companies do not qualify for a separate
rate, and that it is appropriate to rescind
this review with respect to 10
companies because all requests to
review these companies were timely
withdrawn. In addition, Commerce
intends to rescind this review with
respect to certain companies that did
not ship subject merchandise during the
POR. Interested parties are invited to
comment on these preliminary results of
the review.
DATES:
Applicable January 4, 2024.
FOR FURTHER INFORMATION CONTACT:
Dakota Potts or Paola Aleman Ordaz,
AD/CVD Operations, Office IV,
Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0223, or
(202) 482–4031, respectively.
SUPPLEMENTARY INFORMATION:
Background
In response to review requests from
multiple parties, on February 2, 2023,
Commerce initiated an administrative
review of the antidumping duty order
on crystalline silicon photovoltaic cells,
whether or not assembled into modules
(solar cells), from the People’s Republic
of China (China) with respect to 68
companies/company groupings for the
period December 1, 2021, through
November 30, 2022.1
On April 20, 2023, Commerce
selected two exporters to individually
examine as mandatory respondents,
Yingli 2 and Shenzhen Glory Industries
Co., Ltd. (Shenzhen Glory).3 Shenzhen
Glory timely withdrew its request for
review, and no other party requested a
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
7060, 7062–63 (February 2, 2023).
2 Yingli refers to the following companies which
Commerce has treated as a single entity: (1)
Shenzhen Yingli New Energy Resources Co., Ltd.;
(2) Baoding Jiasheng Photovoltaic Technology Co.
Ltd.; (3) Baoding Tianwei Yingli New Energy
Resources Co., Ltd.; (4) Beijing Tianneng Yingli
New Energy Resources Co., Ltd.; (5) Hainan Yingli
New Energy Resources Co., Ltd.; (6) Hengshui
Yingli New Energy Resources Co., Ltd.; (7) Lixian
Yingli New Energy Resources Co., Ltd.; (8) Tianjin
Yingli New Energy Resources Co., Ltd.; and (9)
Yingli Energy (China) Company Limited.
3 See Memorandum, ‘‘Respondent Selection,’’
dated April 20, 2023.
E:\FR\FM\04JAN1.SGM
04JAN1
]]>Agencies
[Federal Register Volume 89, Number 3 (Thursday, January 4, 2024)]
[Notices]
[Pages 456-457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00038]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-841]
Mattresses From Thailand: Notice of Court Decision Not in Harmony
With the Final Determination of Antidumping Investigation; Notice of
Amended Final Determination; Notice of Amended Order, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On December 22, 2023, the U.S. Court of International Trade
(CIT) issued its final judgment in Brooklyn Bedding LLC v. United
States, Court No. 21-00285 sustaining the U.S. Department of Commerce's
(Commerce) first final results of redetermination pertaining to the
antidumping duty (AD) investigation of mattresses from Thailand
covering the period of investigation January 1, 2019, through December
31, 2019. Commerce is notifying the public that the CIT's final
judgment is not in harmony with Commerce's final determination in the
investigation, and Commerce is amending the final determination and the
resulting AD order with respect to the dumping margins assigned to
Saffron Living Co., Ltd. (Saffron) and all other producers and
exporters of subject merchandise.
DATES: Applicable January 1, 2024.
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 March 25, 2021, Commerce published in the Federal Register its
final determination in the AD investigation of mattresses from
Thailand.\1\ Commerce subsequently published in the Federal Register
the AD order on mattresses from Thailand.\2\
---------------------------------------------------------------------------
\1\ See Mattresses from Thailand: Final Affirmative
Determination of Sales at Less Than Fair Value, 86 FR 15928 (March
25, 2021) (Final Determination), and accompanying Issues and
Decision Memorandum (IDM).
\2\ 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).
---------------------------------------------------------------------------
The petitioners \3\ appealed Commerce's Final Determination. On
July 20, 2023, the CIT remanded the Final Determination to Commerce.\4\
Specifically, the CIT remanded Commerce to: (1) undertake verification
of Saffron in accordance with section 782(i)(1) of the Tariff Act of
1930, as amended (the Act), insofar as Commerce continued to rely upon
the company's data; and (2) explain why Commerce departed from its
practice of applying the transactions disregarded and/or major unput
rules or, alternatively, to apply either or both of those rules.\5\
---------------------------------------------------------------------------
\3\ The petitioners are: Brooklyn Bedding; Corsicana Mattress
Company; Elite Comfort Solutions; FXI, Inc.; Kolcraft Enterprises,
Inc.; Leggett & Platt, Incorporated; the International Brotherhood
of Teamsters; and the United Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied Industrial and Service Workers
International Union, AFL-CIO (USW) (collectively, the petitioners).
\4\ See Brooklyn Bedding, LLC. v. United States, Court No. 21-
00285, Slip Op. 23-107 (CIT July 20, 2023).
\5\ Id. at 12 and 14.
---------------------------------------------------------------------------
In its final results of redetermination, issued on September 18,
2023, Commerce applied adverse facts available (AFA) to Saffron because
the company withdrew from the remand proceeding, and thus, Commerce
could neither verify Saffron's sales or cost data, nor apply the
transactions disregarded and/or major input rules to its data.\6\ As a
result, Commerce
[[Page 457]]
assigned Saffron the highest dumping margin alleged in the petition, as
AFA (i.e., 763.28 percent).\7\ Moreover, in the absence of a calculated
estimated weighted-average dumping margin on the record of the
proceeding,\8\ Commerce recalculated the all-others rate by averaging
the dumping margins alleged in the Petition,\9\ and assigned the
recalculated rate of 572.56 percent to all other producers and
exporters of subject merchandise, consistent with section 735(c)(5)(B)
of the Act \10\ and Commerce's practice.\11\ The CIT sustained
Commerce's Final Remand.\12\
---------------------------------------------------------------------------
\6\ See Final Results of Redetermination Pursuant to Court
Remand, Brooklyn Bedding LLC, et al. v. United States, Court No. 21-
00285, Slip Op. 23-107 (CIT July 20, 2023), dated September 18, 2023
(Final Remand), at 11.
\7\ Id. at 8-9.
\8\ Id. at 12.
\9\ See Brooklyn Bedding LLC's Letter, ``Mattresses from
Cambodia, China, Indonesia, Malaysia, Serbia, Thailand, Turkey, and
Vietnam: Antidumping and Countervailing Duty Petitions,'' dated
March 31, 2020 (Petition).
\10\ See Final Remand at 12.
\11\ See, e.g., Notice of Final Determination of Sales at Less
Than Fair Value: Sodium Nitrite from the Federal Republic of
Germany, 73 FR 38986, 38987 (July 8, 2008), and accompanying IDM at
Comment 2.
\12\ See Brooklyn Bedding, LLC. v. United States, Court No. 21-
00285, Slip Op. 23-189 (CIT December 22, 2023).
---------------------------------------------------------------------------
Timken Notice
In its decision in Timken,\13\ as clarified by Diamond
Sawblades,\14\ the U.S. Court of Appeals for the Federal Circuit held
that, pursuant to sections 516A(c) and (e) of the Act, Commerce must
publish notice of a court decision that is not ``in harmony'' with a
determination of Commerce and must suspend liquidation of entries
pending a ``conclusive'' court decision. The CIT's December 22, 2023,
judgment constitutes a final decision of the CIT that is not in harmony
with Commerce's Final Determination and Order. Thus, this notice is
published in fulfillment of the publication requirements of Timken.
---------------------------------------------------------------------------
\13\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\14\ See Diamond Sawblades Manufacturers Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------
Amended Final Determination
Because there is now a final court judgment, Commerce is amending
its Final Determination with respect to Saffron and all other producers
and exporters of subject merchandise as follows:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Saffron Living Co., Ltd..................................... 763.28
All Others.................................................. 572.56
------------------------------------------------------------------------
Amended AD Order, in Part
As a result of this amended final determination, Commerce is hereby
amending the Order to revise the dumping margins assigned to Saffron
and all-other producers and exporters of subject merchandise, as noted
above.
Cash Deposit Requirements
Because Saffron does not have a superseding cash deposit rate,
i.e., there have been no final results published in a subsequent
administrative review of Saffron,\15\ and because of the change to the
rate assigned to all other producers and exporters of subject
merchandise, Commerce will issue revised cash deposit instructions to
U.S. Customs and Border Protection.
---------------------------------------------------------------------------
\15\ Commerce rescinded the first AD administrative review of
Saffron. See Mattresses from Thailand: Final Results and Rescission
of the Antidumping Duty Administrative Review; 2020-2022, 88 FR
85224 (December 7, 2023).
---------------------------------------------------------------------------
Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c) and (e) and 777(i)(1) of the Act.
Dated: December 29, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-00038 Filed 1-3-24; 8:45 am]
BILLING CODE 3510-DS-P
