[Federal Register Volume 89, Number 3 (Thursday, January 4, 2024)]
[Notices]
[Pages 456-457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00038]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-841]


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

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On December 22, 2023, the U.S. Court of International Trade 
(CIT) issued its final judgment in Brooklyn Bedding LLC v. United 
States, Court No. 21-00285 sustaining the U.S. Department of Commerce's 
(Commerce) first final results of redetermination pertaining to the 
antidumping duty (AD) investigation of mattresses from Thailand 
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 final determination in the 
investigation, and Commerce is amending the final determination and the 
resulting AD order with respect to the dumping margins assigned to 
Saffron Living Co., Ltd. (Saffron) and all other producers and 
exporters of subject merchandise.

DATES: Applicable January 1, 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 March 25, 2021, Commerce published in the Federal Register its 
final determination in the AD investigation of mattresses from 
Thailand.\1\ Commerce subsequently published in the Federal Register 
the AD order on mattresses from Thailand.\2\
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    \1\ See Mattresses from Thailand: Final Affirmative 
Determination of Sales at Less Than Fair Value, 86 FR 15928 (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) 
(Order).
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    The petitioners \3\ appealed Commerce's Final Determination. On 
July 20, 2023, the CIT remanded the Final Determination to Commerce.\4\ 
Specifically, the CIT remanded Commerce to: (1) undertake verification 
of Saffron in accordance with section 782(i)(1) of the Tariff Act of 
1930, as amended (the Act), insofar as Commerce continued to rely upon 
the company's data; and (2) explain why Commerce departed from its 
practice of applying the transactions disregarded and/or major unput 
rules or, alternatively, to apply either or both of those rules.\5\
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    \3\ The petitioners are: Brooklyn Bedding; Corsicana Mattress 
Company; Elite Comfort Solutions; FXI, Inc.; Kolcraft Enterprises, 
Inc.; Leggett & Platt, Incorporated; the International Brotherhood 
of Teamsters; and the United Steel, Paper and Forestry, Rubber, 
Manufacturing, Energy, Allied Industrial and Service Workers 
International Union, AFL-CIO (USW) (collectively, the petitioners).
    \4\ See Brooklyn Bedding, LLC. v. United States, Court No. 21-
00285, Slip Op. 23-107 (CIT July 20, 2023).
    \5\ Id. at 12 and 14.
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    In its final results of redetermination, issued on September 18, 
2023, Commerce applied adverse facts available (AFA) to Saffron because 
the company withdrew from the remand proceeding, and thus, Commerce 
could neither verify Saffron's sales or cost data, nor apply the 
transactions disregarded and/or major input rules to its data.\6\ As a 
result, Commerce

[[Page 457]]

assigned Saffron the highest dumping margin alleged in the petition, as 
AFA (i.e., 763.28 percent).\7\ Moreover, in the absence of a calculated 
estimated weighted-average dumping margin on the record of the 
proceeding,\8\ Commerce recalculated the all-others rate by averaging 
the dumping margins alleged in the Petition,\9\ and assigned the 
recalculated rate of 572.56 percent to all other producers and 
exporters of subject merchandise, consistent with section 735(c)(5)(B) 
of the Act \10\ and Commerce's practice.\11\ The CIT sustained 
Commerce's Final Remand.\12\
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    \6\ See Final Results of Redetermination Pursuant to Court 
Remand, Brooklyn Bedding LLC, et al. v. United States, Court No. 21-
00285, Slip Op. 23-107 (CIT July 20, 2023), dated September 18, 2023 
(Final Remand), at 11.
    \7\ Id. at 8-9.
    \8\ Id. at 12.
    \9\ See Brooklyn Bedding LLC's Letter, ``Mattresses from 
Cambodia, China, Indonesia, Malaysia, Serbia, Thailand, Turkey, and 
Vietnam: Antidumping and Countervailing Duty Petitions,'' dated 
March 31, 2020 (Petition).
    \10\ See Final Remand at 12.
    \11\ See, e.g., Notice of Final Determination of Sales at Less 
Than Fair Value: Sodium Nitrite from the Federal Republic of 
Germany, 73 FR 38986, 38987 (July 8, 2008), and accompanying IDM at 
Comment 2.
    \12\ See Brooklyn Bedding, LLC. v. United States, Court No. 21-
00285, Slip Op. 23-189 (CIT December 22, 2023).
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Timken Notice

    In its decision in Timken,\13\ as clarified by Diamond 
Sawblades,\14\ the U.S. Court of Appeals for the Federal Circuit held 
that, pursuant to sections 516A(c) and (e) of the Act, Commerce must 
publish notice of a court decision that is not ``in harmony'' with a 
determination of Commerce and must suspend liquidation of entries 
pending a ``conclusive'' court decision. The CIT's December 22, 2023, 
judgment constitutes a final decision of the CIT that is not in harmony 
with Commerce's Final Determination and Order. Thus, this notice is 
published in fulfillment of the publication requirements of Timken.
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    \13\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \14\ See Diamond Sawblades Manufacturers Coalition v. United 
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Determination

    Because there is now a final court judgment, Commerce is amending 
its Final Determination with respect to Saffron and all other producers 
and exporters of subject merchandise as follows:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Saffron Living Co., Ltd.....................................      763.28
All Others..................................................      572.56
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Amended AD Order, in Part

    As a result of this amended final determination, Commerce is hereby 
amending the Order to revise the dumping margins assigned to Saffron 
and all-other producers and exporters of subject merchandise, as noted 
above.

Cash Deposit Requirements

    Because Saffron does not have a superseding cash deposit rate, 
i.e., there have been no final results published in a subsequent 
administrative review of Saffron,\15\ and because of the change to the 
rate assigned to all other producers and exporters of subject 
merchandise, Commerce will issue revised cash deposit instructions to 
U.S. Customs and Border Protection.
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    \15\ Commerce rescinded the first AD administrative review of 
Saffron. See Mattresses from Thailand: Final Results and Rescission 
of the Antidumping Duty Administrative Review; 2020-2022, 88 FR 
85224 (December 7, 2023).
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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: December 29, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-00038 Filed 1-3-24; 8:45 am]
BILLING CODE 3510-DS-P