Notice2024-00038
Mattresses From Thailand: Notice of Court Decision Not in Harmony With the Final Determination of Antidumping Investigation; Notice of Amended Final Determination; Notice of Amended Order, in Part
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
January 4, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On December 22, 2023, the U.S. Court of International Trade (CIT) issued its final judgment in Brooklyn Bedding LLC v. United States, Court No. 21-00285 sustaining the U.S. Department of Commerce's (Commerce) first final results of redetermination pertaining to the antidumping duty (AD) investigation of mattresses from Thailand 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 final determination in the investigation, and Commerce is amending the final determination and the resulting AD order with respect to the dumping margins assigned to Saffron Living Co., Ltd. (Saffron) and all other producers and exporters of subject merchandise.
Full Text
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<title>Federal Register, Volume 89 Issue 3 (Thursday, January 4, 2024)</title>
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[Federal Register Volume 89, Number 3 (Thursday, January 4, 2024)]
[Notices]
[Pages 456-457]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-00038]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-841]
Mattresses From Thailand: Notice of Court Decision Not in Harmony
With the Final Determination of Antidumping Investigation; Notice of
Amended Final Determination; Notice of Amended Order, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On December 22, 2023, the U.S. Court of International Trade
(CIT) issued its final judgment in Brooklyn Bedding LLC v. United
States, Court No. 21-00285 sustaining the U.S. Department of Commerce's
(Commerce) first final results of redetermination pertaining to the
antidumping duty (AD) investigation of mattresses from Thailand
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 final determination in the
investigation, and Commerce is amending the final determination and the
resulting AD order with respect to the dumping margins assigned to
Saffron Living Co., Ltd. (Saffron) and all other producers and
exporters of subject merchandise.
DATES: Applicable January 1, 2024.
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 March 25, 2021, Commerce published in the Federal Register its
final determination in the AD investigation of mattresses from
Thailand.\1\ Commerce subsequently published in the Federal Register
the AD order on mattresses from Thailand.\2\
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\1\ See Mattresses from Thailand: Final Affirmative
Determination of Sales at Less Than Fair Value, 86 FR 15928 (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)
(Order).
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The petitioners \3\ appealed Commerce's Final Determination. On
July 20, 2023, the CIT remanded the Final Determination to Commerce.\4\
Specifically, the CIT remanded Commerce to: (1) undertake verification
of Saffron in accordance with section 782(i)(1) of the Tariff Act of
1930, as amended (the Act), insofar as Commerce continued to rely upon
the company's data; and (2) explain why Commerce departed from its
practice of applying the transactions disregarded and/or major unput
rules or, alternatively, to apply either or both of those rules.\5\
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\3\ The petitioners are: Brooklyn Bedding; Corsicana Mattress
Company; Elite Comfort Solutions; FXI, Inc.; Kolcraft Enterprises,
Inc.; Leggett & Platt, Incorporated; the International Brotherhood
of Teamsters; and the United Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied Industrial and Service Workers
International Union, AFL-CIO (USW) (collectively, the petitioners).
\4\ See Brooklyn Bedding, LLC. v. United States, Court No. 21-
00285, Slip Op. 23-107 (CIT July 20, 2023).
\5\ Id. at 12 and 14.
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In its final results of redetermination, issued on September 18,
2023, Commerce applied adverse facts available (AFA) to Saffron because
the company withdrew from the remand proceeding, and thus, Commerce
could neither verify Saffron's sales or cost data, nor apply the
transactions disregarded and/or major input rules to its data.\6\ As a
result, Commerce
[[Page 457]]
assigned Saffron the highest dumping margin alleged in the petition, as
AFA (i.e., 763.28 percent).\7\ Moreover, in the absence of a calculated
estimated weighted-average dumping margin on the record of the
proceeding,\8\ Commerce recalculated the all-others rate by averaging
the dumping margins alleged in the Petition,\9\ and assigned the
recalculated rate of 572.56 percent to all other producers and
exporters of subject merchandise, consistent with section 735(c)(5)(B)
of the Act \10\ and Commerce's practice.\11\ The CIT sustained
Commerce's Final Remand.\12\
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\6\ See Final Results of Redetermination Pursuant to Court
Remand, Brooklyn Bedding LLC, et al. v. United States, Court No. 21-
00285, Slip Op. 23-107 (CIT July 20, 2023), dated September 18, 2023
(Final Remand), at 11.
\7\ Id. at 8-9.
\8\ Id. at 12.
\9\ See Brooklyn Bedding LLC's Letter, ``Mattresses from
Cambodia, China, Indonesia, Malaysia, Serbia, Thailand, Turkey, and
Vietnam: Antidumping and Countervailing Duty Petitions,'' dated
March 31, 2020 (Petition).
\10\ See Final Remand at 12.
\11\ See, e.g., Notice of Final Determination of Sales at Less
Than Fair Value: Sodium Nitrite from the Federal Republic of
Germany, 73 FR 38986, 38987 (July 8, 2008), and accompanying IDM at
Comment 2.
\12\ See Brooklyn Bedding, LLC. v. United States, Court No. 21-
00285, Slip Op. 23-189 (CIT December 22, 2023).
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Timken Notice
In its decision in Timken,\13\ as clarified by Diamond
Sawblades,\14\ the U.S. Court of Appeals for the Federal Circuit held
that, pursuant to sections 516A(c) and (e) of the Act, Commerce must
publish notice of a court decision that is not ``in harmony'' with a
determination of Commerce and must suspend liquidation of entries
pending a ``conclusive'' court decision. The CIT's December 22, 2023,
judgment constitutes a final decision of the CIT that is not in harmony
with Commerce's Final Determination and Order. Thus, this notice is
published in fulfillment of the publication requirements of Timken.
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\13\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\14\ See Diamond Sawblades Manufacturers Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Determination
Because there is now a final court judgment, Commerce is amending
its Final Determination with respect to Saffron and all other producers
and exporters of subject merchandise as follows:
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Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
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Saffron Living Co., Ltd..................................... 763.28
All Others.................................................. 572.56
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Amended AD Order, in Part
As a result of this amended final determination, Commerce is hereby
amending the Order to revise the dumping margins assigned to Saffron
and all-other producers and exporters of subject merchandise, as noted
above.
Cash Deposit Requirements
Because Saffron does not have a superseding cash deposit rate,
i.e., there have been no final results published in a subsequent
administrative review of Saffron,\15\ and because of the change to the
rate assigned to all other producers and exporters of subject
merchandise, Commerce will issue revised cash deposit instructions to
U.S. Customs and Border Protection.
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\15\ Commerce rescinded the first AD administrative review of
Saffron. See Mattresses from Thailand: Final Results and Rescission
of the Antidumping Duty Administrative Review; 2020-2022, 88 FR
85224 (December 7, 2023).
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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: December 29, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-00038 Filed 1-3-24; 8:45 am]
BILLING CODE 3510-DS-P
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