Notice2023-22133
Mattresses From Indonesia: Postponement of Preliminary Determination in the Countervailing Duty Investigation
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
October 5, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 88 Issue 192 (Thursday, October 5, 2023)</title>
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[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Notices]
[Page 69132]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22133]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-560-839]
Mattresses From Indonesia: Postponement of Preliminary
Determination in the Countervailing Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable October 5, 2023.
FOR FURTHER INFORMATION CONTACT: Natasia Harrison and Harrison
Tanchuck, AD/CVD Operations, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-1240 and (202)
482-7421, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 17, 2023, the U.S. Department of Commerce (Commerce)
initiated a countervailing duty (CVD) investigation of imports of
mattresses from Indonesia.\1\ Currently, the preliminary determination
is due no later than October 23, 2023.
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\1\ See Mattresses from Indonesia: Initiation of Countervailing
Duty Investigation, 88 FR 57412 (August 23, 2023).
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Postponement of Preliminary Determination
Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act),
requires Commerce to issue the preliminary determination in a
countervailing duty investigation within 65 days after the date on
which Commerce initiated the investigation. However, section 703(c)(1)
of the Act permits Commerce to postpone the preliminary determination
until no later than 130 days after the date on which Commerce initiated
the investigation if: (A) the petitioner makes a timely request for a
postponement; or (B) Commerce concludes that the parties concerned are
cooperating, that the investigation is extraordinarily complicated, and
that additional time is necessary to make a preliminary determination.
Under 19 CFR 351.205(e), the petitioner must submit a request for
postponement 25 days or more before the scheduled date of the
preliminary determination and must state the reasons for the request.
Commerce will grant the request unless it finds compelling reasons to
deny the request.
On September 22, 2023, the petitioners \2\ submitted a timely
request that Commerce postpone the preliminary CVD determination.\3\
The petitioners stated that they request postponement so that the
petitioners will have an adequate opportunity to submit rebuttal
factual information and Commerce will have adequate time to review the
data provided in the questionnaire responses and issue supplemental
questionnaires prior to the issuance of the preliminary
determination.\4\ In accordance with 19 CFR 351.205(e), the petitioners
have stated the reasons for requesting a postponement of the
preliminary determination, and Commerce finds no compelling reason to
deny the request. Therefore, in accordance with section 703(c)(1)(A) of
the Act, Commerce is postponing the deadline for the preliminary
determination to no later than 130 days after the date on which this
investigation was initiated, i.e., December 26, 2023.\5\ Pursuant to
section 705(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for
the final determination of this investigation will continue to be 75
days after the date of the preliminary determination.
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\2\ The petitioners are Brooklyn Bedding; Carpenter Co.;
Corsicana Mattress Company; Future Foam Inc.; FXI, Inc.; Kolcraft
Enterprises Inc.; Leggett & Platt, Incorporated; Serta Simmons
Bedding Inc.; Southerland, Inc.; Tempur Sealy International; the
International Brotherhood of Teamsters; and the United Steel, Paper
and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and
Service Workers International Union.
\3\ See Petitioners' Letter, ``Request to Extend CVD Preliminary
Determination,'' dated September 22, 2023.
\4\ Id.
\5\ Postponing the preliminary determination to 130 days after
initiation would place the deadline on Monday, December 25, 2023.
Commerce's practice dictates that where a deadline falls on a
weekend or federal holiday, the appropriate deadline is the next
business day. See Notice of Clarification: Application of ``Next
Business Day'' Rule for Administrative Determination Deadlines
Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10,
2005).
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This notice is issued and published pursuant to section 703(c)(2)
of the Act and 19 CFR 351.205(f)(1).
Dated: September 27, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-22133 Filed 10-4-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on October 5, 2023.
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