Notice2024-05937
Mattresses From Taiwan: Amended Preliminary Determination of Critical Circumstances for All Other Producers and/or Exporters
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
March 21, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is amending its preliminary determination in the less-than-fair-value investigation of mattresses from Taiwan to correct a significant ministerial error with respect to our preliminary determination of critical circumstances for all other producers and/or exporters. The period of investigation is July 1, 2022, through June 30, 2023.
Full Text
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<title>Federal Register, Volume 89 Issue 56 (Thursday, March 21, 2024)</title>
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[Federal Register Volume 89, Number 56 (Thursday, March 21, 2024)]
[Notices]
[Page 20164]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-05937]
[[Page 20164]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-873]
Mattresses From Taiwan: Amended Preliminary Determination of
Critical Circumstances for All Other Producers and/or Exporters
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is amending its
preliminary determination in the less-than-fair-value investigation of
mattresses from Taiwan to correct a significant ministerial error with
respect to our preliminary determination of critical circumstances for
all other producers and/or exporters. The period of investigation is
July 1, 2022, through June 30, 2023.
DATES: Applicable March 21, 2024.
FOR FURTHER INFORMATION CONTACT: Ajay Menon, AD/CVD Operations, Office
IX, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-0208.
SUPPLEMENTARY INFORMATION:
Background
On February 24, 2024, Commerce issued its Preliminary
Determination, which subsequently published in the Federal Register on
March 1, 2024.\1\ On February 28, 2024, we received a timely-filed
ministerial error allegation from Cozy Comfort LLC (Cozy Comfort),
alleging that Commerce made a significant ministerial error in the
Preliminary Determination.\2\ After reviewing the allegation, we
determine that we made a significant ministerial error with respect to
our preliminary critical circumstances determination. Therefore, we are
amending the Preliminary Determination to find that critical
circumstances do not exist for all other producers and/or exporters.
This amended determination does not affect our preliminary affirmative
critical circumstances determination for Fuyue Mattress Industry Co.,
Ltd.; Star Seeds Co., Ltd.; and Yong Yi Cheng Co., Ltd.
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\1\ See Mattresses from Taiwan: Preliminary Affirmative
Determination of Sales at Less Than Fair Value and Preliminary
Affirmative Determination of Critical Circumstances, 89 FR 15129
(March 1, 2024) (Preliminary Determination).
\2\ See Cozy Comfort's Letter, ``Ministerial Error Allegation,''
dated February 28, 2024.
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Scope of the Investigation
The products covered by this investigation are mattresses from
Taiwan. For a complete description of the scope of the investigation,
see the Preliminary Determination.\3\
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\3\ Id., 89 FR at 15131.
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Analysis of Ministerial Error Allegation
Pursuant to 19 CFR 351.224, and as explained further in the
Ministerial Error Memorandum,\4\ we determine that we made an error in
our preliminary critical circumstances calculation for all other
producers and/or exporters in the Preliminary Determination.
Specifically, in determining whether there were massive imports over a
relatively short period for all other producers and/or exporters,
pursuant to section 733(e)(1)(B) of the Tariff Act of 1930, as amended
(the Act), using data from the Global Trade Atlas, imports between the
base and comparison periods did not meet the 15 percent threshold
necessary to determine that such imports were massive.\5\ Correcting
this error results in a preliminary determination that imports were not
massive for all other producers and/or exporters, resulting in a change
to the preliminary affirmative critical circumstances determination for
all other producers and/or exporters.\6\ Commerce considers this
ministerial error to be significant, warranting an amendment of the
Preliminary Determination.\7\ As a result, we are amending our
preliminary determination to find that imports for other producers and/
or exporters were not massive, pursuant to 733(e)(1)(B) of the Act and
19 CFR 351.206(c)(2)(1). Accordingly, we find that critical
circumstances do not exist with respect to all other producers and/or
exporters.
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\4\ See Memorandum, ``Less-Than-Fair-Value Investigation of
Mattresses from Taiwan: Allegation of Ministerial Errors in
Preliminary Determination,'' dated concurrently with this notice
(Ministerial Error Memorandum).
\5\ See Ministerial Error Memorandum at 2 to 3.
\6\ Id.
\7\ Id.
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Suspension of Liquidation
The collection of cash deposits and suspension of liquidation will
be revised, in accordance with section 733(e) of the Act. We will
instruct U.S. Customs and Border Protection (CBP) to suspend
liquidation of entries of subject merchandise from all other producers
and/or exporters, entered, or withdrawn from warehouse, for consumption
on or after March 1, 2024, the date of publication of the Preliminary
Determination.
We will also instruct CBP to require a cash deposit for all other
producers and/or exporters at the estimated all-others rate listed in
the Preliminary Determination. These suspension of liquidation
instructions will remain in effect until further notice.
Notification of U.S. International Trade Commission (ITC)
In accordance with section 733(f) of the Act, we will notify the
ITC of our amended preliminary determination.
Notification to Interested Parties
This determination is issued and published pursuant to sections
733(f) and 777(i)(1) of the Act, and 19 CFR 351.224(e).
Dated: March 15, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2024-05937 Filed 3-20-24; 8:45 am]
BILLING CODE 3510-DS-P
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