Notice2024-01595
Mattresses From Thailand: Preliminary Results of the Antidumping Duty Administrative Review; 2022-2023
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 26, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that Saffron Living Co., Ltd. (Saffron), the sole producer/exporter subject to this administrative review made sales of subject merchandise at prices below normal value during the period of review (POR) May 1, 2022, through April 30, 2023. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 18 (Friday, January 26, 2024)</title>
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[Federal Register Volume 89, Number 18 (Friday, January 26, 2024)]
[Notices]
[Pages 5206-5208]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-01595]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-841]
Mattresses From Thailand: Preliminary Results of the Antidumping
Duty Administrative Review; 2022-2023
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), the sole producer/exporter
subject to this administrative review made sales of subject merchandise
at prices below normal value during the period of review (POR) May 1,
2022, through April 30, 2023. We invite interested parties to comment
on these preliminary results.
DATES: Applicable January 26, 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 May 2, 2023, Commerce published in the Federal Register a notice
of opportunity to request an administrative
[[Page 5207]]
review of the order \1\ for the period May 1, 2022, through April 30,
2023.\2\ In May 2023, pursuant to section 751(a)(1) of the Tariff Act
of 1930, as amended (the Act) and 19 CFR 351.213(b)(1), Commerce
received requests to conduct an administrative review of Saffron from:
(1) the petitioners; \3\ and (2) Saffron.\4\ On July 12, 2023, based on
these timely requests for administrative review, Commerce initiated
this administrative review with respect to Saffron.\5\ On August 10,
2023, Saffron timely withdrew its request for administrative review.\6\
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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),
as amended in 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, 89 FR 456 (January 4, 2024) (Amended Order
or Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 88 FR 27445 (May 2,
2023).
\3\ The petitioners are: 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).
See Petitioners' Letter, ``Request for Administrative Review of
Antidumping Duty Order,'' dated May 31, 2023.
\4\ See Saffron's Letter, ``Request for Administrative Review of
Saffron Living Co., Ltd.,'' dated May 21, 2023.
\5\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 44262 (July 12, 2023).
\6\ See Saffron's Letter, ``Withdrawal of Request for Review,''
dated August 10, 2023.
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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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\7\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of Mattresses from Thailand;
2022-2023,'' 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.
Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Act. In reaching these preliminary results,
Commerce relied on facts otherwise available, with adverse inferences,
in accordance with sections 776(a) and (b) of the Act. A list of topics
discussed in the Preliminary Decision Memorandum is attached as an
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 can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Preliminary Results of Review
We preliminary determine that the following estimated weighted-
average dumping margin exists for the period May 1, 2022, through April
30, 2023.
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Weighted-
average
Producer and/or exporter dumping
margin
(percent)
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Saffron Living Co., Ltd................................... 763.28
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Disclosure and Public Comment
Normally, Commerce will disclose to the parties in a proceeding the
calculations performed in connection with the preliminary results
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of the notice
of the preliminary results in the Federal Register, in accordance with
19 CFR 351.224(b). However, because Commerce has preliminarily
determined to apply AFA to Saffron, there are no calculations to
disclose.
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit
case briefs to Commerce no later than 30 days after the date of
publication of this notice.\8\ Rebuttal briefs, limited to issues
raised in the case briefs, may be filed not later than five days after
the date for filing case briefs.\9\ Interested parties who submit case
briefs or rebuttal briefs in this proceeding must submit: (1) a table
of contents listing each issue; and (2) a table of authorities.\10\
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\8\ See 19 CFR 351.303 (for general filing requirements).
\9\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\10\ See 19 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this investigation, we instead request
that interested parties provide at the beginning of their briefs a
public, executive summary for each issue raised in their briefs.\11\
Further, we request that interested parties limit their executive
summary of each issue to no more than 450 words, not including
citations. We intend to use the executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final determination in this investigation. We
request that interested parties include footnotes for relevant
citations in the executive summary of each issue. Note that Commerce
has amended certain of its requirements pertaining to the service of
documents in 19 CFR 351.303(f).\12\
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\11\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\12\ See APO and Service Final Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. All submissions, including
case and rebuttal briefs, as well as hearing requests, should be filed
using ACCESS.\13\ An electronically filed document must be received
successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the
established deadline.
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\13\ See 19 CFR 351.303.
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Assessment Rates
Upon completion of the final results of this administrative review,
pursuant to section 751(a)(2)(A) of the Act, Commerce shall determine,
and the U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries of subject merchandise
covered by this review.\14\
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\14\ See 19 CFR 351.212(b)(1).
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If Saffron's weighted-average dumping margin is not zero or de
minimis (i.e., less than 0.5 percent) in the final results of this
review, we intend to calculate an importer-specific assessment rate for
antidumping duties based on the ratio of the total amount of dumping
calculated for each importer's examined sales and the total entered
value of those same sales in accordance with 19 CFR 351.212(b)(1). If
Saffron's weighted-average dumping margin or an
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importer-specific assessment rate is zero or de minimis in the final
results of this review, we intend to instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.
For entries of subject merchandise during the POR produced by
Saffron for which the company did not know that the merchandise was
destined for the United States, we will instruct CBP to liquidate these
entries at the all-others rate (i.e., 572.56 percent) \15\ if there is
no rate for the intermediate company(ies) involved in the
transaction.\16\
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\15\ See Amended Order, 89 FR at 457.
\16\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
The following cash deposit requirements for estimated antidumping
duties will be effective upon publication in the Federal Register of
the notice of the final results of this review for all shipments of
mattresses from Thailand entered, or withdrawn from warehouse, for
consumption on or after the date of publication as provided by section
751(a)(2) of the Act: (1) the cash deposit rate for Saffron will be
equal to the weighted-average dumping margin established in the final
results of the review; (2) for merchandise exported by companies not
covered in this review but covered in a prior completed segment of this
proceeding, the cash deposit rate will continue to be the company-
specific rate published in the completed segment for the most recent
period; (3) if the exporter is not a firm covered in this review, a
prior review, or the LTFV investigation but the producer is, then the
cash deposit rate will be the rate established in the most recently
completed segment of this proceeding for the producer of the
merchandise; and (4) the cash deposit rate for all other producers or
exporters will continue to be the all-others rate (i.e., 572.56
percent).\17\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\17\ See Amended Order, 89 FR at 457.
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Final Results of Review
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).
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) of the Act, and 19 CFR 351.213.
Dated: January 22, 2024.
Abdelali Elouaradia,
Deputy 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. Application of Facts Available and Use of Adverse Inferences
V. Recommendation
[FR Doc. 2024-01595 Filed 1-25-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on January 26, 2024.
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