Mattresses From Cambodia: Notice of Court Decision Not in Harmony With the Amended Final Determination of Antidumping Duty Investigation; Notice of Amended Final Determination; Notice of Amended Antidumping Duty Order, 50260-50261 [2024-13038]

Download as PDF 50260 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Notices accordance with the procedures described above. DEPARTMENT OF COMMERCE International Trade Administration Notification to Interested Parties This notice constitutes the AD and CVD orders with respect to steel cylinders from India, pursuant to sections 706(a) and 736(a) of the Act. Interested parties can find a list of AD and CVD orders currently in effect at https://enforcement.trade.gov/stats/ iastats1.html. These AD and CVD orders are issued and published in accordance with sections 706(a) and 736(a) of the Act, and 19 CFR 351.211(b). Dated: June 7, 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. Appendix lotter on DSK11XQN23PROD with NOTICES1 Scope of the Orders The merchandise covered by these orders is certain seamed (welded or brazed), nonrefillable steel cylinders meeting the requirements of, or produced to meet the requirements of, U.S. Department of Transportation specification 39, TransportCanada specification 39M, or United Nations pressure receptacle standard ISO 11118 and otherwise meeting the description provided below (non-refillable steel cylinders). The subject non-refillable steel cylinders are portable and range from 100-cubic inch (1.6 liter) water capacity to 1,526-cubic inch (25 liter) water capacity. Subject non-refillable steel cylinders may be imported with or without a valve and/or pressure release device and are unfilled at the time of importation. Non-refillable steel cylinders filled with pressurized air otherwise meeting the physical description above are covered by these orders. Specifically excluded are seamless nonrefillable steel cylinders. The merchandise subject to these orders is properly classified under statistical reporting numbers 7311.00.0060 and 7311.00.0090 of the Harmonized Tariff Schedule of the United States (HTSUS). The merchandise may also enter under HTSUS statistical reporting numbers 7310.29.0030 and 7310.29.0065. Although the HTSUS statistical reporting numbers are provided for convenience and customs purposes, the written description of the merchandise is dispositive. [FR Doc. 2024–13040 Filed 6–12–24; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 19:28 Jun 12, 2024 [A–555–001] Mattresses From Cambodia: Notice of Court Decision Not in Harmony With the Amended Final Determination of Antidumping Duty Investigation; Notice of Amended Final Determination; Notice of Amended Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: On May 16, 2024, the U.S. Court of International Trade (CIT) issued its final judgment in Best Mattresses International Company Limited and Rose Lion Furniture International Company Limited v. United States, Consol. Court No. 21– 00281, sustaining the U.S. Department of Commerce’s (Commerce) remand redetermination pertaining to the lessthan-fair-value (LTFV) investigation of mattresses from Cambodia 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 amended final determination, and Commerce is amending the amended final determination with respect to the dumping margins assigned to Best Mattresses International Company Limited (Best Mattresses) and Rose Lion Furniture International Company Limited (Rose Lion) (Best Mattresses/ Rose Lion) and all other producers and exporters of subject merchandise. DATES: Applicable May 26, 2024. FOR FURTHER INFORMATION CONTACT: Preston Cox, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5041. SUPPLEMENTARY INFORMATION: SUMMARY: Background On March 25, 2021, Commerce published its final determination in the LTFV investigation of mattresses from Cambodia.1 After correcting ministerial errors contained the Final Determination, on May 14, 2021, 1 See Mattresses from Cambodia: Final Affirmative Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances, 86 FR 15894 (March 25, 2021) (Final Determination), and accompanying Issues and Decision Memorandum (IDM). Jkt 262001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 Commerce published the Amended Final Determination and Order.2 Best Mattresses/Rose Lion 3 filed a complaint before the CIT seeking judicial review of Commerce’s Amended Final Determination and Order.4 On February 17, 2023, the CIT sustained in part, and remanded, in part, Commerce’s Amended Final Determination and Order.5 Specifically, the CIT remanded Commerce to further explain or reconsider the following: (1) the use of Cambodian Trademap data under the transactions disregarded rule; (2) the inclusion of imports from nonmarket economy (NME) and exportsubsidizing countries in the Cambodian Trademap and six country Global Trade Atlas (GTA) datasets when calculating input cost of production and market price under the transactions disregarded and major input rules; and (3) the conclusion that the financial statements relied on in the Final Determination were complete and publicly available.6 In its final results of redetermination pursuant to the Remand Order, issued on July 17, 2023, Commerce reconsidered the three determinations listed above.7 In the Remand Redetermination, Commerce: (1) continued to find Cambodia to be the appropriate ‘‘market under consideration’’ in this case; 8 (2) continued to use Cambodian Trademap and the six country GTA datasets, but excluded data from NME countries and countries with export subsidies; 9 and (3) continued to find that, while the 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) (Amended Final Determination and Order); see also Memorandum, ‘‘Antidumping Duty Investigation of Mattresses from Cambodia: Allegations of Ministerial Errors in Final Determination,’’ dated April 19, 2021. 3 Commerce determined that Best Mattresses and Rose Lion should be collapsed and treated as a single entity, Best Mattresses/Rose Lion. See Final Determination IDM at 1; see also Memorandum, ‘‘Less-Than-Fair-Value Investigation of Mattresses from Cambodia: Affiliation and Collapsing Analysis for Best Mattresses International Company Limited and Rose Lion Furniture International Company Limited,’’ dated October 27, 2020. 4 See Best Mattresses International Company Limited v. United States, 622 F. Supp. 3d 1347 (CIT February 17, 2023) (Remand Order). 5 Id., 622 F. Supp. 3d at 1397. 6 Id. 7 See Final Results of Redetermination Pursuant to Court Remand, Best Mattresses International Company Limited and Rose Lion Furniture International Company Limited v. United States, Court No. 21–00281, Slip Op. 23–19 (CIT February 17, 2023), dated July 17, 2023 (Remand Redetermination), available at https:// access.trade.gov/resources/remands/23-19.pdf. 8 Id. at 5–8. 9 Id. at 8–9 and 17–28. E:\FR\FM\13JNN1.SGM 13JNN1 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Notices financial statements used in the Final Determination are publicly available, an average of the financial statements on the record of this proceeding constituted the best proxy of constructed value profit and selling expense data.10 As a result of the above, Commerce recalculated the weighted-average dumping margin for Best Mattresses/ Rose Lion, which changed from 52.41 percent to 103.79 percent.11 Consequently, the dumping margin applicable to all other companies changed from 52.41 percent to 103.79 percent.12 On May 16, 2024, the CIT sustained Commerce’s Remand Redetermination.13 Timken Notice In its decision in Timken,14 as clarified by Diamond Sawblades,15 the U.S. Court of Appeals for the Federal Circuit held that, pursuant to section 516A(c) and (e) the Tariff Act of 1930, as amended (the Act), Commerce must publish a notice of court decision that is not ‘‘in harmony’’ with a Commerce determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s May 16, 2024, judgment constitutes a final decision of the CIT that is not in harmony with Commerce’s Amended Final Determination and Order. Thus, this notice is published in fulfillment of the publication requirements of Timken. Exporter/producer Weightedaverage dumping margin (percent) All Others .................................... 103.79 at 36. BILLING CODE 3510–DS–P Because Best Mattresses/Rose Lion does not have a superseding cash deposit rate (i.e., there have been no final results published in a subsequent administrative review of Best Mattresses/Rose Lion) and because of the change to the dumping margin assigned to all other producers and/or exporters of subject merchandise, Commerce will instruct U.S. Customs and Border Protection (CBP) to collect cash deposits at the rates equal to the company-specific and all others estimated weighted-average dumping margins listed in the table above. Liquidation of Suspended Entries Notification to Interested Parties lotter on DSK11XQN23PROD with NOTICES1 12 Id. 13 See Best Mattresses International Company Limited and Rose Lion Furniture International Company Limited v. United States, Consol. Court No. 21–00281, Slip Op. 24–59 (CIT May 16, 2024). 14 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 15 See Diamond Sawblades Manufacturers Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). VerDate Sep<11>2014 19:28 Jun 12, 2024 Jkt 262001 Dated: June 7, 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. 2024–13038 Filed 6–12–24; 8:45 am] Cash Deposit Requirements At this time, Commerce remains enjoined by CIT order from liquidating entries that were produced and/or exported by Best Mattresses/Rose Lion, and were entered, or withdrawn from warehouse, for consumption on and after November 3, 2020, excluding any merchandise entered, or withdrawn from warehouse, for consumption, on Amended Final Determination and May 2, 2021, through May 13, 2021. Order Liquidation of these entries will remain enjoined pursuant to the terms of the Because there is now a final court injunction during the pendency of any judgment, Commerce is amending the appeals process. In the event the CIT’s Amended Final Determination and ruling is not appealed, or, if appealed, Order to revise the dumping margins assigned to Best Mattresses/Rose Lion upheld by a final and conclusive court and all other producers and exporters of decision, Commerce intends to instruct subject merchandise for the period CBP to assess antidumping duties on January 1, 2019, through December 31, unliquidated entries of subject 2019, as follows: merchandise produced and/or exported by Best Mattresses/Rose Lion in Weighted- accordance with 19 CFR 351.212(b). We average will instruct CBP to assess antidumping Exporter/producer dumping margin duties on all appropriate entries when (percent) the importer-specific ad valorem assessment rate is not zero or de Best Mattresses International minimis. Where an importer-specific ad Company Limited/Rose Lion valorem assessment rate is zero or de Furniture International Company Limited ............................ 103.79 minimis,16 we will instruct CBP to liquidate the appropriate entries 10 Id. at 9–16 and 29–35. without regard to antidumping duties. 11 Id. 50261 This notice is issued and published in accordance with sections 516A(c) and (e) and 777(i)(1) of the Act. 16 See PO 00000 DEPARTMENT OF COMMERCE International Trade Administration [A–351–856] Certain Aluminum Foil From Brazil: Final Results of Antidumping Duty Administrative Review; 2021–2022 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that Companhia Brasileira de Alumı́nio and CBA Itapissuma (collectively, CBA) made sales of subject merchandise at prices below normal value (NV) during the period of review (POR) May 4, 2021, through October 31, 2022. DATES: Applicable June 13, 2024. FOR FURTHER INFORMATION CONTACT: George McMahon, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1167. SUPPLEMENTARY INFORMATION: AGENCY: Background On December 12, 2023, Commerce published in the Federal Register its Preliminary Results.1 On March 18, 2024, we extended the deadline for these final results to June 7, 2024.2 On April 15, 2024, Commerce issued a postpreliminary cost of production (COP) analysis memorandum.3 For a complete 1 See Certain Aluminum Foil from Brazil: Preliminary Results of Antidumping Duty Administrative Review; 2021–2022, 88 FR 86108 (December 12, 2023) (Preliminary Results), and accompanying Preliminary Decision Memorandum; see also Memoranda, ‘‘Post-Preliminary Cost-ofProduction Analysis,’’ dated April 12, 2024 (PostPreliminary COP Analysis Memorandum) and ‘‘Cost of Production and Constructed Value Calculation Adjustments for the Post-Preliminary Results— Companhia Brasileira de Alumı́nio and CBA Itapissuma,’’ dated April 15, 2024 (Post-Preliminary COP Calculation Memorandum). 2 See Memorandum, ‘‘Extension of Deadline for Final Results of Antidumping Duty Administrative Review; 2021–2022,’’ dated March 18, 2024. 3 See Memorandum, ‘‘Post-Preliminary Cost-ofProduction Analysis,’’ dated April 12, 2024 (PostPreliminary COP Analysis Memorandum); see also Memorandum, ‘‘Cost of Production and Constructed Value Calculation Adjustments for the Post- 19 CFR 351.106(c)(2). Frm 00009 Fmt 4703 Sfmt 4703 Continued E:\FR\FM\13JNN1.SGM 13JNN1

Agencies

[Federal Register Volume 89, Number 115 (Thursday, June 13, 2024)]
[Notices]
[Pages 50260-50261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13038]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-555-001]


Mattresses From Cambodia: Notice of Court Decision Not in Harmony 
With the Amended Final Determination of Antidumping Duty Investigation; 
Notice of Amended Final Determination; Notice of Amended Antidumping 
Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On May 16, 2024, the U.S. Court of International Trade (CIT) 
issued its final judgment in Best Mattresses International Company 
Limited and Rose Lion Furniture International Company Limited v. United 
States, Consol. Court No. 21-00281, sustaining the U.S. Department of 
Commerce's (Commerce) remand redetermination pertaining to the less-
than-fair-value (LTFV) investigation of mattresses from Cambodia 
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 amended final determination, 
and Commerce is amending the amended final determination with respect 
to the dumping margins assigned to Best Mattresses International 
Company Limited (Best Mattresses) and Rose Lion Furniture International 
Company Limited (Rose Lion) (Best Mattresses/Rose Lion) and all other 
producers and exporters of subject merchandise.

DATES: Applicable May 26, 2024.

FOR FURTHER INFORMATION CONTACT: Preston Cox, AD/CVD Operations, Office 
VI, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-5041.

SUPPLEMENTARY INFORMATION:

Background

    On March 25, 2021, Commerce published its final determination in 
the LTFV investigation of mattresses from Cambodia.\1\ After correcting 
ministerial errors contained the Final Determination, on May 14, 2021, 
Commerce published the Amended Final Determination and Order.\2\
---------------------------------------------------------------------------

    \1\ See Mattresses from Cambodia: Final Affirmative 
Determination of Sales at Less Than Fair Value and Final Negative 
Determination of Critical Circumstances, 86 FR 15894 (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) 
(Amended Final Determination and Order); see also Memorandum, 
``Antidumping Duty Investigation of Mattresses from Cambodia: 
Allegations of Ministerial Errors in Final Determination,'' dated 
April 19, 2021.
---------------------------------------------------------------------------

    Best Mattresses/Rose Lion \3\ filed a complaint before the CIT 
seeking judicial review of Commerce's Amended Final Determination and 
Order.\4\ On February 17, 2023, the CIT sustained in part, and 
remanded, in part, Commerce's Amended Final Determination and Order.\5\ 
Specifically, the CIT remanded Commerce to further explain or 
reconsider the following: (1) the use of Cambodian Trademap data under 
the transactions disregarded rule; (2) the inclusion of imports from 
non-market economy (NME) and export-subsidizing countries in the 
Cambodian Trademap and six country Global Trade Atlas (GTA) datasets 
when calculating input cost of production and market price under the 
transactions disregarded and major input rules; and (3) the conclusion 
that the financial statements relied on in the Final Determination were 
complete and publicly available.\6\
---------------------------------------------------------------------------

    \3\ Commerce determined that Best Mattresses and Rose Lion 
should be collapsed and treated as a single entity, Best Mattresses/
Rose Lion. See Final Determination IDM at 1; see also Memorandum, 
``Less-Than-Fair-Value Investigation of Mattresses from Cambodia: 
Affiliation and Collapsing Analysis for Best Mattresses 
International Company Limited and Rose Lion Furniture International 
Company Limited,'' dated October 27, 2020.
    \4\ See Best Mattresses International Company Limited v. United 
States, 622 F. Supp. 3d 1347 (CIT February 17, 2023) (Remand Order).
    \5\ Id., 622 F. Supp. 3d at 1397.
    \6\ Id.
---------------------------------------------------------------------------

    In its final results of redetermination pursuant to the Remand 
Order, issued on July 17, 2023, Commerce reconsidered the three 
determinations listed above.\7\ In the Remand Redetermination, 
Commerce: (1) continued to find Cambodia to be the appropriate ``market 
under consideration'' in this case; \8\ (2) continued to use Cambodian 
Trademap and the six country GTA datasets, but excluded data from NME 
countries and countries with export subsidies; \9\ and (3) continued to 
find that, while the

[[Page 50261]]

financial statements used in the Final Determination are publicly 
available, an average of the financial statements on the record of this 
proceeding constituted the best proxy of constructed value profit and 
selling expense data.\10\ As a result of the above, Commerce 
recalculated the weighted-average dumping margin for Best Mattresses/
Rose Lion, which changed from 52.41 percent to 103.79 percent.\11\ 
Consequently, the dumping margin applicable to all other companies 
changed from 52.41 percent to 103.79 percent.\12\ On May 16, 2024, the 
CIT sustained Commerce's Remand Redetermination.\13\
---------------------------------------------------------------------------

    \7\ See Final Results of Redetermination Pursuant to Court 
Remand, Best Mattresses International Company Limited and Rose Lion 
Furniture International Company Limited v. United States, Court No. 
21-00281, Slip Op. 23-19 (CIT February 17, 2023), dated July 17, 
2023 (Remand Redetermination), available at https://access.trade.gov/resources/remands/23-19.pdf.
    \8\ Id. at 5-8.
    \9\ Id. at 8-9 and 17-28.
    \10\ Id. at 9-16 and 29-35.
    \11\ Id. at 36.
    \12\ Id.
    \13\ See Best Mattresses International Company Limited and Rose 
Lion Furniture International Company Limited v. United States, 
Consol. Court No. 21-00281, Slip Op. 24-59 (CIT May 16, 2024).
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken,\14\ as clarified by Diamond 
Sawblades,\15\ the U.S. Court of Appeals for the Federal Circuit held 
that, pursuant to section 516A(c) and (e) the Tariff Act of 1930, as 
amended (the Act), Commerce must publish a notice of court decision 
that is not ``in harmony'' with a Commerce determination and must 
suspend liquidation of entries pending a ``conclusive'' court decision. 
The CIT's May 16, 2024, judgment constitutes a final decision of the 
CIT that is not in harmony with Commerce's Amended Final Determination 
and Order. Thus, this notice is published in fulfillment of the 
publication requirements of Timken.
---------------------------------------------------------------------------

    \14\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \15\ See Diamond Sawblades Manufacturers Coalition v. United 
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------

Amended Final Determination and Order

    Because there is now a final court judgment, Commerce is amending 
the Amended Final Determination and Order to revise the dumping margins 
assigned to Best Mattresses/Rose Lion and all other producers and 
exporters of subject merchandise for the period January 1, 2019, 
through December 31, 2019, as follows:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Best Mattresses International Company Limited/Rose Lion           103.79
 Furniture International Company Limited....................
All Others..................................................      103.79
------------------------------------------------------------------------

Cash Deposit Requirements

    Because Best Mattresses/Rose Lion does not have a superseding cash 
deposit rate (i.e., there have been no final results published in a 
subsequent administrative review of Best Mattresses/Rose Lion) and 
because of the change to the dumping margin assigned to all other 
producers and/or exporters of subject merchandise, Commerce will 
instruct U.S. Customs and Border Protection (CBP) to collect cash 
deposits at the rates equal to the company-specific and all others 
estimated weighted-average dumping margins listed in the table above.

Liquidation of Suspended Entries

    At this time, Commerce remains enjoined by CIT order from 
liquidating entries that were produced and/or exported by Best 
Mattresses/Rose Lion, and were entered, or withdrawn from warehouse, 
for consumption on and after November 3, 2020, excluding any 
merchandise entered, or withdrawn from warehouse, for consumption, on 
May 2, 2021, through May 13, 2021. Liquidation of these entries will 
remain enjoined pursuant to the terms of the injunction during the 
pendency of any appeals process. In the event the CIT's ruling is not 
appealed, or, if appealed, upheld by a final and conclusive court 
decision, Commerce intends to instruct CBP to assess antidumping duties 
on unliquidated entries of subject merchandise produced and/or exported 
by Best Mattresses/Rose Lion in accordance with 19 CFR 351.212(b). We 
will instruct CBP to assess antidumping duties on all appropriate 
entries when the importer-specific ad valorem assessment rate is not 
zero or de minimis. Where an importer-specific ad valorem assessment 
rate is zero or de minimis,\16\ we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties.
---------------------------------------------------------------------------

    \16\ See 19 CFR 351.106(c)(2).
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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: June 7, 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. 2024-13038 Filed 6-12-24; 8:45 am]
BILLING CODE 3510-DS-P
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