Notice2024-13038
Mattresses From Cambodia: Notice of Court Decision Not in Harmony With the Amended Final Determination of Antidumping Duty Investigation; Notice of Amended Final Determination; Notice of Amended Antidumping Duty Order
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 13, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On May 16, 2024, the U.S. Court of International Trade (CIT) issued its final judgment in Best Mattresses International Company Limited and Rose Lion Furniture International Company Limited v. United States, Consol. Court No. 21-00281, sustaining the U.S. Department of Commerce's (Commerce) remand redetermination pertaining to the less- than-fair-value (LTFV) investigation of mattresses from Cambodia 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 amended final determination, and Commerce is amending the amended final determination with respect to the dumping margins assigned to Best Mattresses International Company Limited (Best Mattresses) and Rose Lion Furniture International Company Limited (Rose Lion) (Best Mattresses/Rose Lion) and all other producers and exporters of subject merchandise.
Full Text
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<title>Federal Register, Volume 89 Issue 115 (Thursday, June 13, 2024)</title>
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[Federal Register Volume 89, Number 115 (Thursday, June 13, 2024)]
[Notices]
[Pages 50260-50261]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-13038]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-555-001]
Mattresses From Cambodia: Notice of Court Decision Not in Harmony
With the Amended Final Determination of Antidumping Duty Investigation;
Notice of Amended Final Determination; Notice of Amended Antidumping
Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On May 16, 2024, the U.S. Court of International Trade (CIT)
issued its final judgment in Best Mattresses International Company
Limited and Rose Lion Furniture International Company Limited v. United
States, Consol. Court No. 21-00281, sustaining the U.S. Department of
Commerce's (Commerce) remand redetermination pertaining to the less-
than-fair-value (LTFV) investigation of mattresses from Cambodia
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 amended final determination,
and Commerce is amending the amended final determination with respect
to the dumping margins assigned to Best Mattresses International
Company Limited (Best Mattresses) and Rose Lion Furniture International
Company Limited (Rose Lion) (Best Mattresses/Rose Lion) and all other
producers and exporters of subject merchandise.
DATES: Applicable May 26, 2024.
FOR FURTHER INFORMATION CONTACT: Preston Cox, AD/CVD Operations, Office
VI, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-5041.
SUPPLEMENTARY INFORMATION:
Background
On March 25, 2021, Commerce published its final determination in
the LTFV investigation of mattresses from Cambodia.\1\ After correcting
ministerial errors contained the Final Determination, on May 14, 2021,
Commerce published the Amended Final Determination and Order.\2\
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\1\ See Mattresses from Cambodia: Final Affirmative
Determination of Sales at Less Than Fair Value and Final Negative
Determination of Critical Circumstances, 86 FR 15894 (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)
(Amended Final Determination and Order); see also Memorandum,
``Antidumping Duty Investigation of Mattresses from Cambodia:
Allegations of Ministerial Errors in Final Determination,'' dated
April 19, 2021.
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Best Mattresses/Rose Lion \3\ filed a complaint before the CIT
seeking judicial review of Commerce's Amended Final Determination and
Order.\4\ On February 17, 2023, the CIT sustained in part, and
remanded, in part, Commerce's Amended Final Determination and Order.\5\
Specifically, the CIT remanded Commerce to further explain or
reconsider the following: (1) the use of Cambodian Trademap data under
the transactions disregarded rule; (2) the inclusion of imports from
non-market economy (NME) and export-subsidizing countries in the
Cambodian Trademap and six country Global Trade Atlas (GTA) datasets
when calculating input cost of production and market price under the
transactions disregarded and major input rules; and (3) the conclusion
that the financial statements relied on in the Final Determination were
complete and publicly available.\6\
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\3\ Commerce determined that Best Mattresses and Rose Lion
should be collapsed and treated as a single entity, Best Mattresses/
Rose Lion. See Final Determination IDM at 1; see also Memorandum,
``Less-Than-Fair-Value Investigation of Mattresses from Cambodia:
Affiliation and Collapsing Analysis for Best Mattresses
International Company Limited and Rose Lion Furniture International
Company Limited,'' dated October 27, 2020.
\4\ See Best Mattresses International Company Limited v. United
States, 622 F. Supp. 3d 1347 (CIT February 17, 2023) (Remand Order).
\5\ Id., 622 F. Supp. 3d at 1397.
\6\ Id.
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In its final results of redetermination pursuant to the Remand
Order, issued on July 17, 2023, Commerce reconsidered the three
determinations listed above.\7\ In the Remand Redetermination,
Commerce: (1) continued to find Cambodia to be the appropriate ``market
under consideration'' in this case; \8\ (2) continued to use Cambodian
Trademap and the six country GTA datasets, but excluded data from NME
countries and countries with export subsidies; \9\ and (3) continued to
find that, while the
[[Page 50261]]
financial statements used in the Final Determination are publicly
available, an average of the financial statements on the record of this
proceeding constituted the best proxy of constructed value profit and
selling expense data.\10\ As a result of the above, Commerce
recalculated the weighted-average dumping margin for Best Mattresses/
Rose Lion, which changed from 52.41 percent to 103.79 percent.\11\
Consequently, the dumping margin applicable to all other companies
changed from 52.41 percent to 103.79 percent.\12\ On May 16, 2024, the
CIT sustained Commerce's Remand Redetermination.\13\
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\7\ See Final Results of Redetermination Pursuant to Court
Remand, Best Mattresses International Company Limited and Rose Lion
Furniture International Company Limited v. United States, Court No.
21-00281, Slip Op. 23-19 (CIT February 17, 2023), dated July 17,
2023 (Remand Redetermination), available at <a href="https://access.trade.gov/resources/remands/23-19.pdf">https://access.trade.gov/resources/remands/23-19.pdf</a>.
\8\ Id. at 5-8.
\9\ Id. at 8-9 and 17-28.
\10\ Id. at 9-16 and 29-35.
\11\ Id. at 36.
\12\ Id.
\13\ See Best Mattresses International Company Limited and Rose
Lion Furniture International Company Limited v. United States,
Consol. Court No. 21-00281, Slip Op. 24-59 (CIT May 16, 2024).
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Timken Notice
In its decision in Timken,\14\ as clarified by Diamond
Sawblades,\15\ the U.S. Court of Appeals for the Federal Circuit held
that, pursuant to section 516A(c) and (e) the Tariff Act of 1930, as
amended (the Act), Commerce must publish a notice of court decision
that is not ``in harmony'' with a Commerce determination and must
suspend liquidation of entries pending a ``conclusive'' court decision.
The CIT's May 16, 2024, judgment constitutes a final decision of the
CIT that is not in harmony with Commerce's Amended Final Determination
and Order. Thus, this notice is published in fulfillment of the
publication requirements of Timken.
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\14\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\15\ See Diamond Sawblades Manufacturers Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Determination and Order
Because there is now a final court judgment, Commerce is amending
the Amended Final Determination and Order to revise the dumping margins
assigned to Best Mattresses/Rose Lion and all other producers and
exporters of subject merchandise for the period January 1, 2019,
through December 31, 2019, as follows:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Best Mattresses International Company Limited/Rose Lion 103.79
Furniture International Company Limited....................
All Others.................................................. 103.79
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Cash Deposit Requirements
Because Best Mattresses/Rose Lion does not have a superseding cash
deposit rate (i.e., there have been no final results published in a
subsequent administrative review of Best Mattresses/Rose Lion) and
because of the change to the dumping margin assigned to all other
producers and/or exporters of subject merchandise, Commerce will
instruct U.S. Customs and Border Protection (CBP) to collect cash
deposits at the rates equal to the company-specific and all others
estimated weighted-average dumping margins listed in the table above.
Liquidation of Suspended Entries
At this time, Commerce remains enjoined by CIT order from
liquidating entries that were produced and/or exported by Best
Mattresses/Rose Lion, and were entered, or withdrawn from warehouse,
for consumption on and after November 3, 2020, excluding any
merchandise entered, or withdrawn from warehouse, for consumption, on
May 2, 2021, through May 13, 2021. Liquidation of these entries will
remain enjoined pursuant to the terms of the injunction during the
pendency of any appeals process. In the event the CIT's ruling is not
appealed, or, if appealed, upheld by a final and conclusive court
decision, Commerce intends to instruct CBP to assess antidumping duties
on unliquidated entries of subject merchandise produced and/or exported
by Best Mattresses/Rose Lion in accordance with 19 CFR 351.212(b). We
will instruct CBP to assess antidumping duties on all appropriate
entries when the importer-specific ad valorem assessment rate is not
zero or de minimis. Where an importer-specific ad valorem assessment
rate is zero or de minimis,\16\ we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.
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\16\ See 19 CFR 351.106(c)(2).
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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: June 7, 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. 2024-13038 Filed 6-12-24; 8:45 am]
BILLING CODE 3510-DS-P
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