Mattresses From Indonesia: Notice of Court Decision Not In Harmony With the Final Determination of Antidumping Duty Investigation; Notice of Amended Final Determination; Notice of Revocation of Antidumping Order; Correction
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Issuing agencies
Abstract
The U.S. Department of Commerce (Commerce) published a notice in the Federal Register in March, 2025 in which Commerce announced that a recent U.S. Court of International Trade (CIT) decision was not in harmony with the final determination of Commerce's antidumping duty investigation on mattresses from Indonesia; and as a result of this decision, Commerce is revoking the antidumping duty order. This notice failed to include language about providing a refund to the companies affected by this order.
Full Text
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<title>Federal Register, Volume 90 Issue 53 (Thursday, March 20, 2025)</title>
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[Federal Register Volume 90, Number 53 (Thursday, March 20, 2025)]
[Notices]
[Pages 13138-13139]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-04763]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-560-836]
Mattresses From Indonesia: Notice of Court Decision Not In
Harmony With the Final Determination of Antidumping Duty Investigation;
Notice of Amended Final Determination; Notice of Revocation of
Antidumping Order; Correction
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
ACTION: Notice; correction.
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SUMMARY: The U.S. Department of Commerce (Commerce) published a notice
in the Federal Register in March, 2025 in which Commerce announced that
a recent U.S. Court of International Trade (CIT) decision was not in
harmony with the final determination of Commerce's antidumping duty
investigation on mattresses from Indonesia; and as a result of this
decision, Commerce is revoking the antidumping duty order. This notice
failed to include language about providing a refund to the companies
affected by this order.
FOR FURTHER INFORMATION CONTACT: Brian Smith, AD/CVD Operations, Office
VIII, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-1766.
SUPPLEMENTARY INFORMATION:
Background
On March 5, 2025, Commerce published in the Federal Register,
Mattresses from Indonesia: Notice of Court Decision Not in Harmony with
the Final Determination of Antidumping Duty Investigation; Notice of
Amended Final Determination; Notice of Revocation of Antidumping
Order.\1\ This notice failed to include language about providing a
refund to the companies affected by this order.
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\1\ See Mattresses from Indonesia: Notice of Court Decision Not
in Harmony With the Final Determination of Antidumping Duty
Investigation; Notice of Amended Final Determination; and Notice of
Revocation of Antidumping Order, 90 FR 11256 (March 5, 2025).
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Correction
In the Federal Register of March 5, 2025, in FR Doc 2025-03529, on
page 11257, in the first column, replace the section titled
``Revocation of the Order'' section in its entirety with revised
language, in its entirety, attached to this notice in the appendix.
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: March 14, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
Revocation of the Order
Pursuant to the CIT's holding in PT. Zinus et al. v. United
States, Slip Op. 25-15, Consol. Ct. No. 21-277, (February 18, 2025)
(PT. Zinus III) sustaining Commerce's second remand redetermination
pertaining to the AD investigation of mattresses from Indonesia
covering the period of investigation January 1, 2019, through
December 31, 2019, Commerce is revoking the AD order on mattresses
from Indonesia pursuant to 19 CFR 351.222(b)(2). Pursuant to section
735(c)(2) of the Act, ``the investigation shall be terminated upon
publication of that negative determination'' and Commerce shall
``terminate the suspension of liquidation'' and ``release any bond
or other security, and refund any cash deposit.'' As a result of the
CIT's decision, Commerce is hereby revoking the Order and releasing
any bonds or other security and refunding cash deposits.
While section 735(c)(2)(A) of the Act instructs Commerce to
terminate suspension of liquidation, here, because suspension of
liquidation must continue during the pendency of the appeals process
(in accordance with Timken and as discussed above), we will instruct
CBP at this time to (A) continue suspension at a cash deposit rate
of 0.0 percent until instructed otherwise; and (B) release any bond
or other security, and refund any cash deposit made pursuant to the
order on Indonesian mattresses published in 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, 92 FR 26460 (May 14, 2021). In the event the CIT's ruling
in PT. Zinus III is not appealed, or if appealed and upheld by the
U.S. Court of Appeals for the Federal Circuit, Commerce
[[Page 13139]]
will instruct CBP to terminate the suspension of liquidation and to
liquidate those entries of subject merchandise without regard to
antidumping duties. Notwithstanding the continued suspension
described above, the AD order on mattresses from Indonesia is hereby
revoked. As a result of this revocation, Commerce is discontinuing
all unfinished administrative reviews immediately and will not
initiate any new administrative reviews of the Order.
[FR Doc. 2025-04763 Filed 3-19-25; 8:45 am]
BILLING CODE 3510-DS-P
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