Mattresses From Indonesia: Notice of Court Decision Not In Harmony With the Final Determination of Antidumping Duty Investigation; Notice of Amended Final Determination; Notice of Revocation of Antidumping Order; Correction, 13138-13139 [2025-04763]
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ddrumheller on DSK120RN23PROD with NOTICES1
13138
Federal Register / Vol. 90, No. 53 / Thursday, March 20, 2025 / Notices
other pieces of paper and/or paper board.
Paper plates subject to these orders have a
depth up to and including two (2.0) inches,
as measured vertically from the base to the
top of the lip, or the edge if the plate has no
lip. Paper plates subject to these orders may
be uncolored, white, colored, or printed.
Printed paper plates subject to these orders
may have any type of surface finish, and may
be printed by any means with images, text
and/or colors on one or both surfaces.
Colored paper plates subject to these orders
may be colored by any method, including but
not limited to printing, beater-dyeing, and
dip-dyeing. Paper plates covered by these
orders may be produced from paper of any
type (including, but not limited to, bamboo,
straws, bagasse, hemp, kenaf, jute, sisal,
abaca, cotton inters and reeds, or from nonplant sources, such as synthetic resin
(petroleum)-based resins), may have any
caliper or basis weight, may have any shape
or size, may have one or more than one
section, may be embossed, may have foil or
other substances adhered to their surface,
and/or may be uncoated or coated with any
type of coating.
The paper plates covered by these orders
remain covered by the scope of these orders
whether imported alone, or in any
combination of subject and non-subject
merchandise. When paper plates covered by
these orders are imported in combination
with non-subject merchandise, only the
paper plates covered by these orders are
subject merchandise.
The paper plates covered by these orders
include paper plates matching the above
description that have been finished,
packaged, or otherwise processed in a third
country by performing finishing, packaging,
or processing that would not otherwise
remove the merchandise from the scope of
the orders if performed in the country of
manufacture of the paper plates. Examples of
finishing, packaging, or other processing in a
third country that would not otherwise
remove the merchandise from the scope of
the orders if performed in the country of
manufacture of the paper plates include, but
are not limited to, printing, application of
other surface treatments such as coatings,
repackaging, embossing, and application of
foil surface treatments.
Excluded from the scope of these orders
are paper plates molded or pressed directly
from paper pulp (including but not limited
to unfelted pulp), which are currently
classifiable under subheading 4823.70.0020
of the Harmonized Tariff Schedule of the
United States (HTSUS).
Also excluded from the scope of these
orders are articles that otherwise would be
covered but which exhibit the following two
physical characteristics: (a) depth (measured
vertically from the base to the top of the lip,
or edge if no lip) equal to or greater than 1.25
inches but less than two (2.0) inches, and (b)
a base not exceeding five (5.0) inches in
diameter if round, or not exceeding 20 square
inches in area if any other shape.
Also excluded from the scope of these
orders are paper bowls, paper buckets, and
paper food containers with closeable lids.
Paper plates covered by these orders are
currently classifiable under HTSUS
VerDate Sep<11>2014
19:09 Mar 19, 2025
Jkt 265001
subheading 4823.69.0040. Paper plates
covered by these orders also may be
classified under HTSUS subheading
4823.61.0040. If packaged with other articles,
the paper plates covered by these orders also
may be classified under HTSUS subheadings
9505.90.4000 and 9505.90.6000. While the
HTSUS subheading(s) are provided for
convenience and customs purposes, the
written description of the subject
merchandise is dispositive.
[FR Doc. 2025–04765 Filed 3–19–25; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–560–836]
Mattresses From Indonesia: Notice of
Court Decision Not In Harmony With
the Final Determination of
Antidumping Duty Investigation;
Notice of Amended Final
Determination; Notice of Revocation of
Antidumping Order; Correction
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
ACTION: Notice; correction.
AGENCY:
The U.S. Department of
Commerce (Commerce) published a
notice in the Federal Register in March,
2025 in which Commerce announced
that a recent U.S. Court of International
Trade (CIT) decision was not in
harmony with the final determination of
Commerce’s antidumping duty
investigation on mattresses from
Indonesia; and as a result of this
decision, Commerce is revoking the
antidumping duty order. This notice
failed to include language about
providing a refund to the companies
affected by this order.
FOR FURTHER INFORMATION CONTACT:
Brian Smith, 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) 482–1766.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On March 5, 2025, Commerce
published in the Federal Register,
Mattresses from Indonesia: Notice of
Court Decision Not in Harmony with the
Final Determination of Antidumping
Duty Investigation; Notice of Amended
Final Determination; Notice of
Revocation of Antidumping Order.1
1 See Mattresses from Indonesia: Notice of Court
Decision Not in Harmony With the Final
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
This notice failed to include language
about providing a refund to the
companies affected by this order.
Correction
In the Federal Register of March 5,
2025, in FR Doc 2025–03529, on page
11257, in the first column, replace the
section titled ‘‘Revocation of the Order’’
section in its entirety with revised
language, in its entirety, attached to this
notice in the appendix.
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: March 14, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
Appendix
Revocation of the Order
Pursuant to the CIT’s holding in PT. Zinus
et al. v. United States, Slip Op. 25–15,
Consol. Ct. No. 21–277, (February 18, 2025)
(PT. Zinus III) sustaining Commerce’s second
remand redetermination pertaining to the AD
investigation of mattresses from Indonesia
covering the period of investigation January
1, 2019, through December 31, 2019,
Commerce is revoking the AD order on
mattresses from Indonesia pursuant to 19
CFR 351.222(b)(2). Pursuant to section
735(c)(2) of the Act, ‘‘the investigation shall
be terminated upon publication of that
negative determination’’ and Commerce shall
‘‘terminate the suspension of liquidation’’
and ‘‘release any bond or other security, and
refund any cash deposit.’’ As a result of the
CIT’s decision, Commerce is hereby revoking
the Order and releasing any bonds or other
security and refunding cash deposits.
While section 735(c)(2)(A) of the Act
instructs Commerce to terminate suspension
of liquidation, here, because suspension of
liquidation must continue during the
pendency of the appeals process (in
accordance with Timken and as discussed
above), we will instruct CBP at this time to
(A) continue suspension at a cash deposit
rate of 0.0 percent until instructed otherwise;
and (B) release any bond or other security,
and refund any cash deposit made pursuant
to the order on Indonesian mattresses
published in 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,
92 FR 26460 (May 14, 2021). In the event the
CIT’s ruling in PT. Zinus III is not appealed,
or if appealed and upheld by the U.S. Court
of Appeals for the Federal Circuit, Commerce
Determination of Antidumping Duty Investigation;
Notice of Amended Final Determination; and
Notice of Revocation of Antidumping Order, 90 FR
11256 (March 5, 2025).
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Federal Register / Vol. 90, No. 53 / Thursday, March 20, 2025 / Notices
will instruct CBP to terminate the suspension
of liquidation and to liquidate those entries
of subject merchandise without regard to
antidumping duties. Notwithstanding the
continued suspension described above, the
AD order on mattresses from Indonesia is
hereby revoked. As a result of this
revocation, Commerce is discontinuing all
unfinished administrative reviews
immediately and will not initiate any new
administrative reviews of the Order.
[FR Doc. 2025–04763 Filed 3–19–25; 8:45 am]
BILLING CODE 3510–DS–P
Scope of the Orders
The products covered by these orders
are paper plates from China, Thailand,
and Vietnam. For a complete
description of the scope of these orders,
see the appendix to this notice.
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–164, A–549–849, A–552–839]
Certain Paper Plates From the People’s
Republic of China, Thailand, and the
Socialist Republic of Vietnam:
Antidumping Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the U.S. Department
of Commerce (Commerce) and the U.S.
International Trade Commission (ITC),
Commerce is issuing antidumping duty
(AD) orders on certain paper plates
(paper plates) from the People’s
Republic of China (China), Thailand,
and the Socialist Republic of Vietnam
(Vietnam).
DATES: Applicable March 20, 2025.
FOR FURTHER INFORMATION CONTACT: Toni
Page (China); Ted Pearson (Thailand);
and Bryan Hansen (Vietnam), AD/CVD
Operations, Offices I and VII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1398,
(202) 482–2631, and (202) 482–3683,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
ddrumheller on DSK120RN23PROD with NOTICES1
Background
On January 28, 2025, Commerce
published in the Federal Register its
affirmative final determinations in the
less-than-fair-value (LTFV)
investigations of paper plates from
China, Thailand, and Vietnam.1 On
1 See
Certain Paper Plates From the People’s
Republic of China: Final Affirmative Determination
of Sales at Less Than Fair Value and Final
Affirmative Determination of Critical
Circumstances, in Part, 90 FR 8271 (January 28,
2025) (China Final Determination); Certain Paper
Plates from Thailand: Final Affirmative
Determination of Sales at Less Than Fair Value and
Final Affirmative Determination of Critical
Circumstances, in Part, 90 FR 8262 (January 28,
2025); and Certain Paper Plates From the Socialist
VerDate Sep<11>2014
19:09 Mar 19, 2025
Jkt 265001
March 13, 2025, the ITC notified
Commerce of its final determinations,
pursuant to section 735(d) of the Tariff
Act of 1930, as amended (the Act), that
an industry in the United States is
materially injured, within the meaning
of section 735(b)(1)(A)(i) of the Act, by
reason of imports of paper plates from
China, Thailand, and Vietnam sold at
LTFV.2 In addition, the ITC found that
critical circumstances exist with regard
to imports of paper plates from China.3
Antidumping Duty Orders
Based on the above-referenced
affirmative final determinations by the
ITC that an industry in the United States
is materially injured by reason of
imports of paper plates from China,
Thailand, and Vietnam sold at LTFV,
and, in accordance with sections
735(c)(2) and 736 of the Act, Commerce
is issuing these AD orders. Because the
ITC determined that imports of paper
plates from China, Thailand, and
Vietnam are materially injuring a U.S.
industry, unliquidated entries of such
merchandise entered or withdrawn from
warehouse for consumption, are subject
to the assessment of antidumping
duties.
Critical Circumstances—China
In addition, the ITC found that critical
circumstances exist with respect to
imports from China subject to
Commerce’s affirmative critical
circumstances finding within the
meaning of section 735(b)(4)(A) of the
Act. As a result of Commerce’s
affirmative critical circumstances
determination, under section 735(a)(3)
of the Act, and the ITC’s affirmative
critical circumstances determination,
under section 735(b)(4)(A) of the Act,
retroactive duties will be applied to the
relevant imports for a period of 90 days
prior to the suspension of liquidation
(i.e., 90 days prior to the date of
publication of the affirmative China
Preliminary Determination).4 The ITC
Republic of Vietnam: Final Affirmative
Determination of Sales at Less Than Fair Value and
Final Affirmative Determination of Critical
Circumstances, in Part, 90 FR 8265 (January 28,
2025) (Vietnam Final Determination).
2 See ITC’s Letter, ‘‘Investigation Nos. 731–TA–
1629–1631, 1633, 1636–1638, and 1640 (Final),’’
dated March 13, 2025.
3 Id.
4 See Certain Paper Plates from the People’s
Republic of China: Preliminary Affirmative
Determination of Sales at Less Than Fair Value,
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Fmt 4703
Sfmt 4703
13139
found that critical circumstances did
not exist with respect to Thailand and
Vietnam.
Therefore, in accordance with section
736(a)(1) of the Act, Commerce will
direct U.S. Customs and Border
Protection (CBP) to assess, upon further
instruction by Commerce, antidumping
duties on unliquidated entries of paper
plates from China. With the exception of
entries occurring after the expiration of
the provisional measures period and
before the publication of the ITC’s final
affirmative injury determinations, as
further described below, antidumping
duties will be assessed on unliquidated
entries of paper plates from China
entered, or withdrawn from warehouse,
for consumption on or after June 7, 2024
(i.e., 90 days prior to the date of the
publication of the China Preliminary
Determination), but before September 5,
2024 (i.e., the date of publication of the
China Preliminary Determination).5
Critical Circumstances—Thailand and
Vietnam
With respect to the ITC’s negative
critical circumstances determination on
imports of paper plates from Thailand
and Vietnam, Commerce will instruct
CBP to lift suspension of liquidation
and to refund any cash deposits for
estimated antidumping duties with
respect to entries of the subject
merchandise from Thailand and
Vietnam entered, or withdrawn from
warehouse, for consumption on or after
June 7, 2024 (i.e., 90 days prior to the
date of the publication of the Thailand
Preliminary Determination 6 and the
Vietnam Preliminary Determination),7
but before September 5, 2024 (i.e., the
date of publications of the Thailand
Preliminary Affirmative Determination of Critical
Circumstances, in Part, Postponement of Final
Determination, and Extension of Provisional
Measures, 89 FR 72367 (September 5, 2024) (China
Preliminary Determination); see also section
735(c)(4) of the Act; see also SAA at 876 (‘‘If both
agencies make affirmative critical circumstances
determinations in their final investigations,
retroactive duties will be applied for a period
ninety days prior to suspension of liquidation.’’).
5 See China Preliminary Determination.
6 See Certain Paper Plates from Thailand:
Preliminary Affirmative Determination of Sales at
Less Than Fair Value, Preliminary Affirmative
Determination of Critical Circumstances, in Part,
and Postponement of Final Determination and
Extension of Provisional Measures, 89 FR 72370
(September 5, 2024) (Thailand Preliminary
Determination).
7 See Certain Paper Plates from the Socialist
Republic of Vietnam: Preliminary Affirmative
Determination of Sales at Less Than Fair Value,
Preliminary Affirmative Determination of Critical
Circumstances, in Part, Postponement of Final
Determination, and Extension of Provisional
Measures, 89 FR 72375 (September 5, 2024)
(Vietnam Preliminary Determination).
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]]>Agencies
[Federal Register Volume 90, Number 53 (Thursday, March 20, 2025)]
[Notices]
[Pages 13138-13139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-04763]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-560-836]
Mattresses From Indonesia: Notice of Court Decision Not In
Harmony With the Final Determination of Antidumping Duty Investigation;
Notice of Amended Final Determination; Notice of Revocation of
Antidumping Order; Correction
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
ACTION: Notice; correction.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Commerce (Commerce) published a notice
in the Federal Register in March, 2025 in which Commerce announced that
a recent U.S. Court of International Trade (CIT) decision was not in
harmony with the final determination of Commerce's antidumping duty
investigation on mattresses from Indonesia; and as a result of this
decision, Commerce is revoking the antidumping duty order. This notice
failed to include language about providing a refund to the companies
affected by this order.
FOR FURTHER INFORMATION CONTACT: Brian Smith, 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) 482-1766.
SUPPLEMENTARY INFORMATION:
Background
On March 5, 2025, Commerce published in the Federal Register,
Mattresses from Indonesia: Notice of Court Decision Not in Harmony with
the Final Determination of Antidumping Duty Investigation; Notice of
Amended Final Determination; Notice of Revocation of Antidumping
Order.\1\ This notice failed to include language about providing a
refund to the companies affected by this order.
---------------------------------------------------------------------------
\1\ See Mattresses from Indonesia: Notice of Court Decision Not
in Harmony With the Final Determination of Antidumping Duty
Investigation; Notice of Amended Final Determination; and Notice of
Revocation of Antidumping Order, 90 FR 11256 (March 5, 2025).
---------------------------------------------------------------------------
Correction
In the Federal Register of March 5, 2025, in FR Doc 2025-03529, on
page 11257, in the first column, replace the section titled
``Revocation of the Order'' section in its entirety with revised
language, in its entirety, attached to this notice in the appendix.
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: March 14, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
Revocation of the Order
Pursuant to the CIT's holding in PT. Zinus et al. v. United
States, Slip Op. 25-15, Consol. Ct. No. 21-277, (February 18, 2025)
(PT. Zinus III) sustaining Commerce's second remand redetermination
pertaining to the AD investigation of mattresses from Indonesia
covering the period of investigation January 1, 2019, through
December 31, 2019, Commerce is revoking the AD order on mattresses
from Indonesia pursuant to 19 CFR 351.222(b)(2). Pursuant to section
735(c)(2) of the Act, ``the investigation shall be terminated upon
publication of that negative determination'' and Commerce shall
``terminate the suspension of liquidation'' and ``release any bond
or other security, and refund any cash deposit.'' As a result of the
CIT's decision, Commerce is hereby revoking the Order and releasing
any bonds or other security and refunding cash deposits.
While section 735(c)(2)(A) of the Act instructs Commerce to
terminate suspension of liquidation, here, because suspension of
liquidation must continue during the pendency of the appeals process
(in accordance with Timken and as discussed above), we will instruct
CBP at this time to (A) continue suspension at a cash deposit rate
of 0.0 percent until instructed otherwise; and (B) release any bond
or other security, and refund any cash deposit made pursuant to the
order on Indonesian mattresses published in 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, 92 FR 26460 (May 14, 2021). In the event the CIT's ruling
in PT. Zinus III is not appealed, or if appealed and upheld by the
U.S. Court of Appeals for the Federal Circuit, Commerce
[[Page 13139]]
will instruct CBP to terminate the suspension of liquidation and to
liquidate those entries of subject merchandise without regard to
antidumping duties. Notwithstanding the continued suspension
described above, the AD order on mattresses from Indonesia is hereby
revoked. As a result of this revocation, Commerce is discontinuing
all unfinished administrative reviews immediately and will not
initiate any new administrative reviews of the Order.
[FR Doc. 2025-04763 Filed 3-19-25; 8:45 am]
BILLING CODE 3510-DS-P
