Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Notices 85225 

4See Preliminary Results, 88 FR at 37010. 

5See Mattresses from Thailand: Final Affirmative 

Determination of Sales at Less Than Fair Value, 86 

FR 15928, 15929 (March 25, 2021); and Order, 86 

FR at 26462. 

6 Id. 

HTSUS subheadings: 9404.21.0010, 

9404.21.0013, 9404.29.1005, 

9404.29.1013, 9404.29.9085, and 

9404.29.9087. Products subject to this 

Order may also enter under HTSUS 

subheadings: 9404.21.0095, 

9404.29.1095, 9404.29.9095, 

9401.41.0000, 9401.49.0000, and 

9401.99.9081. Although the HTSUS 

subheadings are provided for 

convenience and customs purposes, the 

written description of the merchandise 

subject to this Order is dispositive. For 

a complete description of the scope of 

the Order, see the Issues and Decision 

Memorandum. 

Analysis of Comments Received 

All issues raised by the parties in 

their case and rebuttal briefs, to which 

we responded in the Issues and 

Decision Memorandum, are listed in the 

appendix to this notice. The Issues and 

Decision Memorandum is a public 

document and is on file electronically 

via Enforcement and Compliance’s 

Antidumping and Countervailing Duty 

Centralized Electronic Service System 

(ACCESS). ACCESS is available to 

registered users at https://

access.trade.gov. In addition, a complete 

version of the Issues and Decision 

Memorandum can be accessed at 

https://access.trade.gov/public/ 

FRNoticesListLayout.aspx. 

Bona Fide Sales Analysis 

In the Preliminary Results, Commerce 

found that the sole mandatory 

respondent Saffron did not have a bona 

fide sale of a mattress during the POR.4

Based on an analysis of the information 

on the administrative record, Commerce 

continues to find that Saffron did not 

have a bona fide sale during the POR. 

Commerce reached this conclusion 

based on its consideration of the totality 

of circumstances, including, but not 

limited to: (a) the atypical nature of both 

the price and quantity of the sale; (b) the 

expenses incurred arising from the 

transaction; (c) the profitability of the 

resold subject merchandise; and (d) the 

likelihood that the sale is atypical due 

to the business nature of the U.S. 

customer. Consequently, we are 

rescinding this administrative review. 

Assessment Rates 

Because Commerce is rescinding this 

administrative review, we have not 

calculated a dumping margin for 

Saffron. Saffron’s entries will be 

liquidated at 37.48 percent, the 

company-specific rate established in the 

less than fair value (LTFV) 

investigation.5

Cash Deposit Requirements 

Because we are rescinding this 

administrative review, Saffron remains 

subject to the antidumping duty rate for 

its merchandise entered (i.e. 37.48 

percent), which is the company-specific 

rate established in the LTFV 

investigation.6 These cash deposit 

requirements, when imposed, shall 

remain in effect until further notice. 

Notification to Importers 

This notice serves as a final 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 POR. Failure to comply with 

this requirement could result in 

Commerce’s presumption that 

reimbursement of antidumping duties 

has occurred and the subsequent 

assessment of double antidumping 

duties. 

Administrative Protective Order 

This notice also serves as a final 

reminder to parties subject to 

administrative protective order (APO) of 

their responsibility concerning the 

return or destruction of proprietary 

information disclosed under APO in 

accordance with 19 CFR 351.305(a)(3), 

which continues to govern business 

proprietary information in this segment 

of the proceeding. Timely written 

notification of the return or destruction 

of APO materials or conversion to 

judicial protective order is hereby 

requested. Failure to comply with the 

regulations and the terms of an APO is 

a sanctionable violation. 

Notification to Interested Parties 

We are issuing and publishing this 

notice in accordance with sections 

751(a)(1) and 777(i)(1) of the Act, and 19 

CFR 351.213(d)(3). 

Dated: December 1, 2023. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

Appendix 

List of Topics Discussed in the Issues and 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. Discussion of the Issues 

Comment 1: Whether Saffron Had a Bona 

Fide Sale During the POR 

Comment 2: Whether Commerce Must 

Conduct Verification if it Reverses its 

Decision to Rescind the Administrative 

Review 

Comment 3: Whether Commerce Should 

Apply Facts Available to Calculate 

Saffron’s Dumping Margin if It Reverses 

Its Decision to Rescind the 

Administrative Review 

Comment 4: Whether Commerce Should 

Apply the Transactions Disregarded and 

Major Input Rules if It Reverses Its 

Decision to Rescind the Administrative 

Review 

V. Recommendation 

[FR Doc. 2023–26897 Filed 12–6–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–122–858] 

Certain Softwood Lumber Products 

From Canada: Notice of Reinstatement 

of Exclusion From the Countervailing 

Duty Order 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On November 20, 2023, the 

U.S. Court of International Trade (CIT) 

issued an order in Committee 

Overseeing Action for Lumber 

International Trade Investigations or 

Negotiations v. United States, et. al., 

Consol. Ct. No. 19–00122 (Slip Op. 23– 

163), reinstating the exclusion of Les 

Produits Forestiers D&G Lte ́e (D&G), 

Marcel Lauzon Inc. (MLI), North 

American Forest Products Ltd. (NAFP) 

(located in New Brunswick), and Scierie 

Alexandre Lemay & Fils Inc. (Lemay), 

and their cross-owned companies, from 

the countervailing duty (CVD) order on 

certain softwood lumber products 

(softwood lumber) from Canada. In 

accordance with the CIT’s order, 

Commerce is issuing this notice 

excluding from the CVD order D&G, 

MLI, NAFP, and Lemay, and their crossowned companies. Commerce will also 

direct U.S. Customs and Border 

Protection (CBP) to discontinue 

suspension of liquidation and the 

collection of cash deposits for all 

shipments of softwood lumber produced 

and exported by D&G, Lemay, MLI, and 

NAFP, entered, or withdrawn from 

warehouse, for consumption on or after 

August 28, 2021, to liquidate all 

suspended entries of shipments of 

softwood lumber produced and 

exported by D&G, Lemay, MLI, and 

NAFP without regard to countervailing 

duties; and to refund all cash deposits 


ddrumheller on DSK120RN23PROD with NOTICES1
85226 Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Notices 

1See Certain Softwood Lumber Products from 

Canada: Amended Final Affirmative Countervailing 

Duty Determination and Countervailing Duty Order, 

83 FR 347 (January 3, 2018) (Order). 

2See Certain Softwood Lumber Products from 

Canada: Final Results of Countervailing Duty 

Expedited Review, 84 FR 32121 (July 5, 2019) (Final 

Results of Expedited Review), and accompanying 

Issues and Decision Memorandum. 

3 Id., 84 FR at 32122. 

4 Id. While Commerce calculated a de minimis 

rate for Roland and its cross-owned affiliates, those 

companies are not a party to the litigation nor to 

the Court’s order ordering this notice. 

5See Committee Overseeing Action for Lumber 

International Trade Investigations or Negotiations, 

et al. v. United States, et al., Court No. 19–00122, 

Slip Op. 20–167 (CIT 2020). 

6See Final Results of Redetermination Pursuant 

to Court Remand, Committee Overseeing Action for 

Lumber International Trade Investigations or 

Negotiations, et al. v. United States, et al., Court No. 

19–00122, Slip Op. 20–167 (CIT 2020), dated 

February 17, 2021 (Final Remand), available at 

https://access.trade.gov/resources/remands/20- 

167.pdf. 

7See Committee Overseeing Action for Lumber 

International Trade Investigations or Negotiations, 

et al. v. United States, et al., Court No. 19–00122, 

Slip Op. 21–104 (CIT 2021). 

8See Certain Softwood Lumber Products from 

Canada: Notice of Court Decision Not in Harmony 

with the Results of Countervailing Duty Expedited 

Review; Notice of Amended Final Results, 86 FR 

48396 (August 30, 2021) (Amended Final Results of 

Expedited Review). 

9The Canadian parties are D&G, Lemay, MLI, 

NAFP, Fontaine Inc., Mobilier Rustique (Beauce) 

Inc., Government of Canada, Government of New 

Brunswick, and Government of Que ́bec. 

10See Committee Overseeing Action for Lumber 

International Trade Investigations or Negotiations 

v. United States, 66 F.4th 968 (Fed. Cir. 2023). 

11See Committee Overseeing Action for Lumber 

International Trade Investigations or Negotiations 

v. United States, Consol. Ct. No. 19–00122 (Slip Op. 

23–163) (CIT Nov. 20, 2023), citing motion filed by 

D&G, Lemay, MLI, and NAFP. 

12 Id. 

13 Id. 

14See, e.g., Certain Corrosion-Resistant Steel 

Products from India, Italy, Republic of Korea and 

the People’s Republic of China: Countervailing Duty 

Order, 81 FR 48387 (July 25, 2016). 

of estimated countervailing duties 

collected on all such shipments. 

DATES: Applicable August 28, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Kristen Johnson, AD/CVD Operations, 

Office III, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482- 4793. 

SUPPLEMENTARY INFORMATION: 

Background 

On January 3, 2018, Commerce 

published the CVD order on softwood 

lumber from Canada.1 On July 5, 2019, 

Commerce published its Final Results of 

Expedited Review for the Order.2 In the 

Final Results of Expedited Review, 

Commerce found that five companies 

subject to the review had de minimis 

subsidy rates, and therefore, were 

excluded from the Order.3 The five 

companies are D&G, Lemay, MLI, NAFP, 

and Roland Boulanger & Cie Lte ́e 

(Roland).4

The Committee Overseeing Action for 

Lumber International Trade 

Investigations or Negotiations appealed 

Commerce’s Final Results of Expedited 

Review. On November 19, 2020, the CIT 

remanded the Final Results of Expedited 

Review to Commerce for reconsideration 

of the statutory basis upon which 

Commerce promulgated its CVD 

expedited review regulations at 19 CFR 

351.214(k) to determine individual 

subsidy rates for companies not 

individually examined in an 

investigation.5

In its Final Remand, issued in 

February 2021, Commerce determined 

that section 103(a) of the Uruguay 

Round of Agreements Act, as well as the 

other legal authorities presented to the 

CIT, cannot be the basis for the 

promulgation of the CVD expedited 

review regulations under 19 CFR 

351.214(k) and, thus, Commerce lacks 

the statutory authority to conduct CVD 

expedited reviews.6 The CIT sustained 

Commerce’s Final Remand.7

Consequently, Commerce reinstated the 

excluded companies in the Order 

prospectively, effective August 28, 2021, 

and imposed a 14.19 percent ad valorem 

cash deposit requirement based on the 

all-others rate from the investigation.8

The Canadian parties appealed the CIT’s 

decision.9

On April 25, 2023, the U.S. Court of 

Appeals for the Federal Circuit (Federal 

Circuit) reversed the CIT’s August 18, 

2021 decision and held that Commerce 

has the statutory authority to adopt the 

CVD expedited review process, and 

remanded for further proceedings 

necessitated by its holding that such 

statutory authority exists.10

On October 6, 2023, D&G, Lemay, 

MLI, and NAFP filed a motion with the 

CIT requesting reinstatement of their 

exclusion from the Order during the 

pendency of this litigation.11 On 

November 20, 2023, the CIT granted the 

motion, finding that there was an 

equitable basis for reversing the actions 

of its August 18, 2021 decision, and 

ordered the reinstatement of exclusion 

from the Order, effective August 28, 

2021, for D&G, Lemay, MLI, and 

NAFP.12 The CIT also ordered 

Commerce to instruct CBP to 

discontinue the suspension of 

liquidation and the collection of cash 

deposits of estimated countervailing 

duties on all shipments of softwood 

lumber produced and exported by D&G, 

Lemay, MLI, and NAFP, entered or 

withdrawn from warehouse, for 

consumption on or after August 28, 

2021, and to instruct CBP to liquidate, 

without regard to countervailing duties, 

all suspended entries of shipments of 

softwood lumber produced and 

exported by D&G, Lemay, MLI, and 

NAFP.13

Reinstatement of Exclusion From the 

Order 

Because of the CIT’s order, Commerce 

is reinstating the exclusion from the 

Order of D&G, Lemay, MLI, and NAFP, 

effective August 28, 2021. Commerce’s 

practice with respect to the exclusion of 

companies from a CVD order is to 

exclude the subject merchandise both 

produced and exported by those 

companies.14 As a result, we will 

instruct CBP to discontinue the 

suspension of liquidation and the 

collection of cash deposits of estimated 

countervailing duties on all shipments 

of softwood lumber produced and 

exported by D&G, Lemay, MLI, and 

NAFP, entered, or withdrawn from 

warehouse, for consumption on or after 

August 28, 2021. In addition, we will 

instruct CBP to liquidate, without regard 

to countervailing duties, all suspended 

entries of shipments of softwood lumber 

produced and exported by D&G, Lemay, 

MLI, and NAFP, and to refund all cash 

deposits of estimated countervailing 

duties collected on all such shipments. 

Subject merchandise that D&G, Lemay, 

MLI, and NAFP export but do not 

produce, as well as merchandise D&G, 

Lemay, MLI, and NAFP produce but is 

exported by another company remain 

subject to the Order. 

Notification to Interested Parties 

This notice is issued and published in 

accordance with section 516A(c) of the 

Tariff Act of 1930, as amended. 

Dated: November 30, 2023. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

[FR Doc. 2023–26857 Filed 12–6–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–475–834] 

Certain Carbon and Alloy Steel Cut-ToLength Plate From Italy: Final Results 

of Antidumping Duty Administrative 

Review; 2021–2022 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 


ddrumheller on DSK120RN23PROD with NOTICES1