Notice2023-12049
Mattresses From Thailand: Preliminary Results, Preliminary Intent To Rescind, in Part, and Partial Rescission of Antidumping Duty Administrative Review; 2020-2022
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 6, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that Saffron Living Co., Ltd. (Saffron), did not make a bona fide sale of a mattress from Thailand during the period of review (POR) November 3, 2020, through April 30, 2022. Therefore, Commerce intends to rescind this administrative review with respect to Saffron. Additionally, we are rescinding this review with respect to Nisco (Thailand) Co., Ltd. (Nisco) because it timely withdrew its administrative review request, and no other party requested a review of the company. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 108 (Tuesday, June 6, 2023)</title>
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[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Notices]
[Pages 37009-37011]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12049]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-841]
Mattresses From Thailand: Preliminary Results, Preliminary Intent
To Rescind, in Part, and Partial Rescission of Antidumping Duty
Administrative Review; 2020-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that Saffron Living Co., Ltd. (Saffron), did not make a bona fide sale
of a mattress from Thailand during the period of review (POR) November
3, 2020, through April 30, 2022. Therefore, Commerce intends to rescind
this administrative review with respect to Saffron. Additionally, we
are rescinding this review with respect to Nisco (Thailand) Co., Ltd.
(Nisco) because it timely withdrew its administrative review request,
and no other party requested a review of the company. We invite
interested parties to comment on these preliminary results.
DATES: Applicable June 6, 2023.
FOR FURTHER INFORMATION CONTACT: Paola Aleman Ordaz, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4031.
SUPPLEMENTARY INFORMATION:
Background
On May 14, 2021, Commerce published in the Federal Register the
antidumping duty (AD) order on mattresses from Thailand.\1\ On May 2,
2022, Commerce published a notice of opportunity to request an
administrative review of the Order for the POR.\2\ On May 31, 2022,
Nisco and Saffron each requested an administrative review of their
entries.\3\ On July 14, 2022, based on these timely requests for
administrative review, Commerce initiated this administrative review
with
[[Page 37010]]
respect to Nisco and Saffron.\4\ On September 8, 2022, Nisco timely
withdrew its request for administrative review.\5\
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\1\ See Mattresses from Cambodia, Indonesia, Malaysia, Serbia,
Thailand, the Republic of Turkey, and the Socialist Republic of
Vietnam: Antidumping Duty Orders and Amended Final Affirmative
Antidumping Determination for Cambodia, 86 FR 26460 (May 14, 2021)
(Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 25619 (May 2,
2022).
\3\ See Nisco's Letter, ``Request for Administrative Review,''
dated May 31, 2022; see also Saffron's Letter, ``Request for
Administrative Review,'' dated May 31, 2022.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 42144 (July 14, 2022).
\5\ See Nisco's Letter, ``Withdrawal of Request for
Administrative Review,'' dated September 8, 2022.
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On December 15, 2022, Commerce extended these preliminary results
by 120 days to no later than May 31, 2023.\6\ For a more complete
description of the events between the initiation of this review and
these preliminary results, see the Preliminary Decision Memorandum.\7\
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\6\ See Memorandum, ``Extension of Deadline for Preliminary
Results of the 2020-2022 Antidumping Duty Administrative Review,''
dated December 15, 2022.
\7\ See Memorandum, ``Decision Memorandum for the Preliminary
Results, Preliminary Intent to Rescind, in Part, and Partial
Rescission of Antidumping Duty Administrative Review; 2020-2022:
Mattresses from Thailand,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order
The products covered by the Order are mattresses from Thailand. For
a full description of the scope of the Order, see the Preliminary
Decision Memorandum.\8\
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\8\ See Preliminary Decision Memorandum at ``Scope of the
Order.''
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Partial Rescission
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole, or in part, if the party that
requested a review withdraws the request within 90 days of the date of
publication of the notice of initiation. As noted above, Nisco timely
withdrew its review request with respect to itself. Because no other
party has requested a review of Nisco, we are rescinding this review,
in part, with respect to Nisco, pursuant to 19 CFR 351.213(d)(1).
Intent To Rescind, in Part
As discussed in the Preliminary Decision Memorandum and as further
explained in the Bona Fide Sales Memorandum, Commerce preliminary finds
that Saffron did not make a bona fide sale of a mattress during the
POR.\9\ Commerce reached this conclusion based on the totality of the
record information surrounding Saffron's reported sales, including, but
not limited to, the sales price, the expenses incurred arising from the
transaction, profitability of the resold subject merchandise, and the
likelihood that the sale is atypical due to the business nature of the
U.S. customer.
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\9\ See Memorandum, ``Preliminary Bona Fide Sales Analysis,''
dated concurrently with this notice (Bona Fide Sales Memorandum).
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Because we find that Saffron did not make a bona fide sale during
the POR, we find that Saffron had no reviewable transactions during
this POR. Accordingly, we preliminarily intend to rescind this
administrative review.\10\ The factual information used in our bona
fide sales analysis of Saffron's sales involves business proprietary
information. See the Bona Fide Sales Memorandum for a full discussion
of the basis of our preliminary findings.
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\10\ See 19 CFR 351.213(d)(3).
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). A list of
topics discussed in the Preliminary Decision Memorandum is attached as
the appendix to this notice. The Preliminary Decision Memorandum is a
public document and is made available to the public via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
<a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the
Preliminary Decision Memorandum is available at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Public Comment
Interested parties may submit case briefs no later than 30 days
after the date of publication of this notice.\11\ Rebuttal briefs,
limited to issues raised in the case briefs, may be filed not later
than seven days after the date for filing case briefs.\12\ Commerce
modified certain of its requirements for serving documents containing
business proprietary information until further notice.\13\ Parties who
submit case or rebuttal briefs in this proceeding are encouraged to
submit with each argument: (1) a statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.\14\
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\11\ See 19 CFR 351.309(c)(1)(ii); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006,
17007 (March 26, 2020) (``To provide adequate time for release of
case briefs via ACCESS, E&C intends to schedule the due date for all
rebuttal briefs to be 7 days after case briefs are filed (while
these modifications remain in effect).'').
\12\ See 19 CFR 351.309(d); see also 19 CFR 351.303 (for general
filing requirements).
\13\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
\14\ See 19 CFR 351.309(c)(2) and (d)(2).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the publication of this notice. Requests should contain the
party's name, address, telephone number, the number of participants,
whether any participant is a foreign national, and a list of the issues
to be discussed. If a request for a hearing is made, Commerce intends
to hold the hearing at a time and date to be determined. Parties should
confirm by telephone the date, time, and location of the hearing two
days before the scheduled date.
Unless extended, Commerce intends to issue the final results of
this administrative review, including the results of its analysis of
the issues raised in any written briefs, no later than 120 days after
the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Verification
On October 24, 2022, Commerce received a timely request from
Brooklyn Bedding; Elite Comfort Solutions; FXI, Inc.; Kolcraft
Enterprises, Inc.; Leggett & Platt, Incorporated; the International
Brotherhood of Teamsters, and United Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied Industrial and Service Workers
International Union, AFL-CIO (USW) (collectively, the petitioners) to
verify the information submitted by Saffron in the course of this
administrative review, pursuant to section 782(i)(3). Because we intend
to rescind this administrative review with respect to Saffron, we are
not conducting a verification.
Assessment Rates
If Commerce proceeds to a final rescission of this administrative
review, the assessment rate of 37.48 to which Saffron's shipments are
subject will not be affected by this review.\15\ If Commerce does not
proceed to a final rescission of this administrative review with
respect to Saffron, pursuant to 19 CFR 351.212(b)(1), we will calculate
importer-specific (or customer-specific) assessment rates based on the
final results of this review.
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\15\ See Mattresses from Thailand: Final Affirmative
Determination of Sales at Less Than Fair Value, 86 FR 15928, 15929
(March 25, 2021).
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Because Commerce is rescinding this administrative review with
respect to Nisco, Nisco's entries will be liquidated at its company-
specific rate of 763.28.\16\
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\16\ Id.
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Cash Deposit Requirements
If Commerce proceeds to a final rescission of this administrative
review, Saffron's cash deposit rate will continue to be its company-
specific rate of 37.48.\17\ If Commerce issues final results for this
administrative review, Commerce will instruct U.S. Customs and Border
Protection to collect cash deposits, effective upon the publication of
the final results, as the rates established therein.
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\17\ Id.
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Because Commerce is rescinding this administrative review with
respect to Nisco, Nisco's entries continue to be subject to its
company-specific rate of 763.28.\18\
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\18\ Id.
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR
351.213(h)(2) and 351.221(b)(4).
Dated: May 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Discussion of Methodology
VI. Recommendation
[FR Doc. 2023-12049 Filed 6-5-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 6, 2023.
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