Rubber Bands From the People's Republic of China and Thailand: Final Results of Sunset Reviews and Revocation of Antidumping Duty and Countervailing Duty Orders, 20164-20165 [2024-06025]
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20164
Federal Register / Vol. 89, No. 56 / Thursday, March 21, 2024 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–873]
Mattresses From Taiwan: Amended
Preliminary Determination of Critical
Circumstances for All Other Producers
and/or Exporters
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The U.S. Department of
Commerce (Commerce) is amending its
preliminary determination in the lessthan-fair-value investigation of
mattresses from Taiwan to correct a
significant ministerial error with respect
to our preliminary determination of
critical circumstances for all other
producers and/or exporters. The period
of investigation is July 1, 2022, through
June 30, 2023.
SUMMARY:
DATES:
Applicable March 21, 2024.
Ajay
Menon, AD/CVD Operations, Office IX,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0208.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
lotter on DSK11XQN23PROD with NOTICES1
Background
On February 24, 2024, Commerce
issued its Preliminary Determination,
which subsequently published in the
Federal Register on March 1, 2024.1 On
February 28, 2024, we received a timelyfiled ministerial error allegation from
Cozy Comfort LLC (Cozy Comfort),
alleging that Commerce made a
significant ministerial error in the
Preliminary Determination.2 After
reviewing the allegation, we determine
that we made a significant ministerial
error with respect to our preliminary
critical circumstances determination.
Therefore, we are amending the
Preliminary Determination to find that
critical circumstances do not exist for
all other producers and/or exporters.
This amended determination does not
affect our preliminary affirmative
critical circumstances determination for
Fuyue Mattress Industry Co., Ltd.; Star
Seeds Co., Ltd.; and Yong Yi Cheng Co.,
Ltd.
Scope of the Investigation
The products covered by this
investigation are mattresses from
Taiwan. For a complete description of
the scope of the investigation, see the
Preliminary Determination.3
Analysis of Ministerial Error Allegation
Pursuant to 19 CFR 351.224, and as
explained further in the Ministerial
Error Memorandum,4 we determine that
we made an error in our preliminary
critical circumstances calculation for all
other producers and/or exporters in the
Preliminary Determination. Specifically,
in determining whether there were
massive imports over a relatively short
period for all other producers and/or
exporters, pursuant to section
733(e)(1)(B) of the Tariff Act of 1930, as
amended (the Act), using data from the
Global Trade Atlas, imports between the
base and comparison periods did not
meet the 15 percent threshold necessary
to determine that such imports were
massive.5 Correcting this error results in
a preliminary determination that
imports were not massive for all other
producers and/or exporters, resulting in
a change to the preliminary affirmative
critical circumstances determination for
all other producers and/or exporters.6
Commerce considers this ministerial
error to be significant, warranting an
amendment of the Preliminary
Determination.7 As a result, we are
amending our preliminary
determination to find that imports for
other producers and/or exporters were
not massive, pursuant to 733(e)(1)(B) of
the Act and 19 CFR 351.206(c)(2)(1).
Accordingly, we find that critical
circumstances do not exist with respect
to all other producers and/or exporters.
Suspension of Liquidation
The collection of cash deposits and
suspension of liquidation will be
revised, in accordance with section
733(e) of the Act. We will instruct U.S.
Customs and Border Protection (CBP) to
suspend liquidation of entries of subject
merchandise from all other producers
and/or exporters, entered, or withdrawn
from warehouse, for consumption on or
after March 1, 2024, the date of
publication of the Preliminary
Determination.
We will also instruct CBP to require
a cash deposit for all other producers
3 Id.,
89 FR at 15131.
Memorandum, ‘‘Less-Than-Fair-Value
Investigation of Mattresses from Taiwan: Allegation
of Ministerial Errors in Preliminary Determination,’’
dated concurrently with this notice (Ministerial
Error Memorandum).
5 See Ministerial Error Memorandum at 2 to 3.
6 Id.
7 Id.
4 See
1 See Mattresses from Taiwan: Preliminary
Affirmative Determination of Sales at Less Than
Fair Value and Preliminary Affirmative
Determination of Critical Circumstances, 89 FR
15129 (March 1, 2024) (Preliminary Determination).
2 See Cozy Comfort’s Letter, ‘‘Ministerial Error
Allegation,’’ dated February 28, 2024.
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16:53 Mar 20, 2024
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and/or exporters at the estimated allothers rate listed in the Preliminary
Determination. These suspension of
liquidation instructions will remain in
effect until further notice.
Notification of U.S. International Trade
Commission (ITC)
In accordance with section 733(f) of
the Act, we will notify the ITC of our
amended preliminary determination.
Notification to Interested Parties
This determination is issued and
published pursuant to sections 733(f)
and 777(i)(1) of the Act, and 19 CFR
351.224(e).
Dated: March 15, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
[FR Doc. 2024–05937 Filed 3–20–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–835, A–570–069, C–570–070]
Rubber Bands From the People’s
Republic of China and Thailand: Final
Results of Sunset Reviews and
Revocation of Antidumping Duty and
Countervailing Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On January 2, 2024, the U.S.
Department of Commerce (Commerce)
initiated the first sunset reviews of the
antidumping duty (AD) and
countervailing duty (CVD) orders on
rubber bands from the People’s Republic
of China (China) and the AD order on
rubber bands from Thailand. Because no
domestic interested party filed a timely
notice of intent to participate in these
sunset reviews, Commerce is revoking
the AD and CVD orders on rubber bands
from the China and the AD order on
rubber bands from Thailand.
DATES: Applicable February 19, 2024
(China AD/CVD) and April 26, 2024
(Thailand).
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Brendan Quinn, 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) 482–5848.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\21MRN1.SGM
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Federal Register / Vol. 89, No. 56 / Thursday, March 21, 2024 / Notices
Background
On February 19, 2019, Commerce
published AD and CVD orders on rubber
bands from China.1 On April 26, 2019,
Commerce published an AD order on
rubber bands from Thailand.2 On
January 2, 2024, Commerce initiated the
current sunset reviews pursuant to
section 751(c) of the Tariff Act of 1930,
as amended (the Act) and 19 CFR
351.218(c).3
We did not receive a timely notice to
participate in these sunset reviews from
any domestic interested party within
fifteen days of the publication of the
Initiation Notice in the Federal Register,
in accordance with 19 CFR
351.218(d)(1)(i). As a result, consistent
with 19 CFR 351.218(d)(1)(iii)(A)(1),
Commerce has determined that no
domestic interested party intends to
participate in these sunset reviews. On
January 23, 2024, in accordance with 19
CFR 351.218(d)(1)(iii)(B)(2), Commerce
notified the U.S. International Trade
Commission (ITC) in writing that we
intended to revoke the AD and CVD
orders (collectively, Orders) on rubber
bands from China and the AD order on
rubber bands from Thailand.4
lotter on DSK11XQN23PROD with NOTICES1
Scope of the Orders
The scope of the Orders covers bands
made of vulcanized rubber, with a flat
length, as actually measured end-to-end
by the band lying flat, no less than 1⁄2
inch and no greater than 10 inches; with
a width, which measures the dimension
perpendicular to the length, actually of
at least 3⁄64 inch and no greater than 2
inches; and a wall thickness actually
from 0.020 inch to 0.125 inch.
Vulcanized rubber has been chemically
processed into a more durable material
by the addition of sulfur or other
equivalent curatives or accelerators.
Subject products are included regardless
of color or inclusion of printed material
on the rubber band’s surface, including
but not limited to, rubber bands with
printing on them, such as a product
name, advertising, or slogan, and
printed material (e.g., a tag) fastened to
the rubber band by an adhesive or
another temporary type of connection.
The scope includes vulcanized rubber
bands which are contained or otherwise
1 See Rubber Bands from the People’s Republic of
China: Antidumping Duty and Countervailing Duty
Orders, 84 FR 4774 (February 19, 2019) (China AD
and CVD Orders).
2 See Rubber Bands from Thailand: Antidumping
Duty Order, 84 FR 17779 (April 26, 2019) (Thailand
AD Order).
3 See Initiation of Five-Year (Sunset) Reviews, 89
FR 66 (January 2, 2024) (Initiation Notice).
4 See Commerce’s Letter, ‘‘Sunset Reviews
Initiated on January 2, 2024,’’ dated January 23,
2024.
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16:53 Mar 20, 2024
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exist in various forms and packages,
such as, without limitation, vulcanized
rubber bands included within a desk
accessory set or other type of set or
package, and vulcanized rubber band
balls. The scope excludes products that
consist of an elastomer loop and durable
tag all-in-one, and bands that are being
used at the time of import to fasten an
imported product.
Excluded from the scope of the Orders
are vulcanized rubber bands of various
sizes with arrow shaped rubber
protrusions from the outer diameter that
exceeds at the anchor point a wall
thickness of 0.125 inches and where the
protrusion is used to loop around,
secure and lock in place.
Excluded from the scope of the Orders
are yarn/fabric-covered vulcanized
rubber hair bands, regardless of size.
Merchandise covered by the Orders is
currently classified in the Harmonized
Tariff Schedule of the United States
(HTSUS) under subheading
4016.99.3510. Merchandise covered by
the scope may also enter under HTSUS
subheading 4016.99.6050. While the
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the scope of the
Orders is dispositive.
Revocation
Pursuant to section 751(c)(3)(A) of the
Act and 19 CFR 351.218(d)(1)(iii)(B)(3),
if no domestic interested parties
respond to a notice of initiation,
Commerce shall, within 90 days after
the initiation of the review, revoke the
order. Because no domestic interested
party filed a notice of intent to
participate in these sunset reviews, we
are revoking the AD and CVD orders on
rubber bands from China and the AD
order on rubber bands from Thailand.
Effective Date of Revocation
Pursuant to sections 751(c)(3)(A) and
751(c)(6)(A)(iii) of the Act, and 19 CFR
351.222(i)(2)(i), where Commerce
revokes an order, the revocation will be
effective on or after the fifth anniversary
of the date of publication in the Federal
Register of the order. Therefore,
Commerce intends instruct U.S.
Customs and Border Protection to
terminate the suspension of liquidation
of merchandise entered, or withdrawn
from warehouse, on or after: February
19, 2024, for merchandise subject to the
China AD and CVD Orders, and April
26, 2024, for merchandise subject to the
Thailand AD Order.
Entries of subject merchandise prior
to the effective date of revocation will
continue to be subject to suspension of
liquidation and antidumping duty and
countervailing duty deposit
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20165
requirements. Commerce will complete
any pending reviews of these orders and
will conduct administrative reviews of
subject merchandise entered prior to the
effective date of revocation in response
to appropriately filed requests for
review.
Notification to Interested Parties
These five-year (sunset) reviews, the
revocation of the Orders, and this notice
are issued and published in accordance
with sections 751(c) and 777(i)(1) of the
Act and 19 CFR 351.218(f)(4) and
351.222(i)(1)(i).
Dated: March 14, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
[FR Doc. 2024–06025 Filed 3–20–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–201–846]
Agreement Suspending the
Countervailing Duty Investigation on
Sugar From Mexico: Final Results of
the 2022 Administrative Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
the Government of Mexico (GOM) and
the respondent companies selected for
individual examination, Compan˜ı´a
Industrial Azucarera S.A. de C.V. and its
affiliates and Ingenio Presidente Benito
Juarez S.A. de C.V. (collectively,
respondents), were in compliance with
the terms of the Agreement Suspending
the Countervailing Duty Investigation
on Sugar from Mexico, as amended
(CVD Agreement), during the period of
review (POR) from January 1, 2022,
through December 31, 2022. Commerce
also determines that the CVD Agreement
met the statutory requirements during
the POR.
DATES: Applicable March 21, 2024.
FOR FURTHER INFORMATION CONTACT:
Sally C. Gannon or Jill Buckles,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0162 or
(202) 482–6230, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
E:\FR\FM\21MRN1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 56 (Thursday, March 21, 2024)]
[Notices]
[Pages 20164-20165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06025]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-835, A-570-069, C-570-070]
Rubber Bands From the People's Republic of China and Thailand:
Final Results of Sunset Reviews and Revocation of Antidumping Duty and
Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On January 2, 2024, the U.S. Department of Commerce (Commerce)
initiated the first sunset reviews of the antidumping duty (AD) and
countervailing duty (CVD) orders on rubber bands from the People's
Republic of China (China) and the AD order on rubber bands from
Thailand. Because no domestic interested party filed a timely notice of
intent to participate in these sunset reviews, Commerce is revoking the
AD and CVD orders on rubber bands from the China and the AD order on
rubber bands from Thailand.
DATES: Applicable February 19, 2024 (China AD/CVD) and April 26, 2024
(Thailand).
FOR FURTHER INFORMATION CONTACT: Brendan Quinn, 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) 482-5848.
SUPPLEMENTARY INFORMATION:
[[Page 20165]]
Background
On February 19, 2019, Commerce published AD and CVD orders on
rubber bands from China.\1\ On April 26, 2019, Commerce published an AD
order on rubber bands from Thailand.\2\ On January 2, 2024, Commerce
initiated the current sunset reviews pursuant to section 751(c) of the
Tariff Act of 1930, as amended (the Act) and 19 CFR 351.218(c).\3\
---------------------------------------------------------------------------
\1\ See Rubber Bands from the People's Republic of China:
Antidumping Duty and Countervailing Duty Orders, 84 FR 4774
(February 19, 2019) (China AD and CVD Orders).
\2\ See Rubber Bands from Thailand: Antidumping Duty Order, 84
FR 17779 (April 26, 2019) (Thailand AD Order).
\3\ See Initiation of Five-Year (Sunset) Reviews, 89 FR 66
(January 2, 2024) (Initiation Notice).
---------------------------------------------------------------------------
We did not receive a timely notice to participate in these sunset
reviews from any domestic interested party within fifteen days of the
publication of the Initiation Notice in the Federal Register, in
accordance with 19 CFR 351.218(d)(1)(i). As a result, consistent with
19 CFR 351.218(d)(1)(iii)(A)(1), Commerce has determined that no
domestic interested party intends to participate in these sunset
reviews. On January 23, 2024, in accordance with 19 CFR
351.218(d)(1)(iii)(B)(2), Commerce notified the U.S. International
Trade Commission (ITC) in writing that we intended to revoke the AD and
CVD orders (collectively, Orders) on rubber bands from China and the AD
order on rubber bands from Thailand.\4\
---------------------------------------------------------------------------
\4\ See Commerce's Letter, ``Sunset Reviews Initiated on January
2, 2024,'' dated January 23, 2024.
---------------------------------------------------------------------------
Scope of the Orders
The scope of the Orders covers bands made of vulcanized rubber,
with a flat length, as actually measured end-to-end by the band lying
flat, no less than \1/2\ inch and no greater than 10 inches; with a
width, which measures the dimension perpendicular to the length,
actually of at least \3/64\ inch and no greater than 2 inches; and a
wall thickness actually from 0.020 inch to 0.125 inch. Vulcanized
rubber has been chemically processed into a more durable material by
the addition of sulfur or other equivalent curatives or accelerators.
Subject products are included regardless of color or inclusion of
printed material on the rubber band's surface, including but not
limited to, rubber bands with printing on them, such as a product name,
advertising, or slogan, and printed material (e.g., a tag) fastened to
the rubber band by an adhesive or another temporary type of connection.
The scope includes vulcanized rubber bands which are contained or
otherwise exist in various forms and packages, such as, without
limitation, vulcanized rubber bands included within a desk accessory
set or other type of set or package, and vulcanized rubber band balls.
The scope excludes products that consist of an elastomer loop and
durable tag all-in-one, and bands that are being used at the time of
import to fasten an imported product.
Excluded from the scope of the Orders are vulcanized rubber bands
of various sizes with arrow shaped rubber protrusions from the outer
diameter that exceeds at the anchor point a wall thickness of 0.125
inches and where the protrusion is used to loop around, secure and lock
in place.
Excluded from the scope of the Orders are yarn/fabric-covered
vulcanized rubber hair bands, regardless of size.
Merchandise covered by the Orders is currently classified in the
Harmonized Tariff Schedule of the United States (HTSUS) under
subheading 4016.99.3510. Merchandise covered by the scope may also
enter under HTSUS subheading 4016.99.6050. While the HTSUS subheadings
are provided for convenience and customs purposes, the written
description of the scope of the Orders is dispositive.
Revocation
Pursuant to section 751(c)(3)(A) of the Act and 19 CFR
351.218(d)(1)(iii)(B)(3), if no domestic interested parties respond to
a notice of initiation, Commerce shall, within 90 days after the
initiation of the review, revoke the order. Because no domestic
interested party filed a notice of intent to participate in these
sunset reviews, we are revoking the AD and CVD orders on rubber bands
from China and the AD order on rubber bands from Thailand.
Effective Date of Revocation
Pursuant to sections 751(c)(3)(A) and 751(c)(6)(A)(iii) of the Act,
and 19 CFR 351.222(i)(2)(i), where Commerce revokes an order, the
revocation will be effective on or after the fifth anniversary of the
date of publication in the Federal Register of the order. Therefore,
Commerce intends instruct U.S. Customs and Border Protection to
terminate the suspension of liquidation of merchandise entered, or
withdrawn from warehouse, on or after: February 19, 2024, for
merchandise subject to the China AD and CVD Orders, and April 26, 2024,
for merchandise subject to the Thailand AD Order.
Entries of subject merchandise prior to the effective date of
revocation will continue to be subject to suspension of liquidation and
antidumping duty and countervailing duty deposit requirements. Commerce
will complete any pending reviews of these orders and will conduct
administrative reviews of subject merchandise entered prior to the
effective date of revocation in response to appropriately filed
requests for review.
Notification to Interested Parties
These five-year (sunset) reviews, the revocation of the Orders, and
this notice are issued and published in accordance with sections 751(c)
and 777(i)(1) of the Act and 19 CFR 351.218(f)(4) and 351.222(i)(1)(i).
Dated: March 14, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2024-06025 Filed 3-20-24; 8:45 am]
BILLING CODE 3510-DS-P
