456 Federal Register / Vol. 89, No. 3 / Thursday, January 4, 2024 / Notices 

1See 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). 

2See 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). 

3The 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). 

4See Brooklyn Bedding, LLC. v. United States, 

Court No. 21–00285, Slip Op. 23–107 (CIT July 20, 

2023). 

5 Id. at 12 and 14. 

6See Final Results of Redetermination Pursuant 

to Court Remand, Brooklyn Bedding LLC, et al. v. 

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective upon 

publication of the final results of this 

administrative review for shipments of 

the subject merchandise from China 

entered, or withdrawn from warehouse, 

for consumption on or after the 

publication date, as provided by section 

751(a)(2)(C) of the Act: (1) for the 

exporters listed above, the cash deposit 

rate will be the rate established in the 

final results of this review (except, if the 

rate is zero or de minimis, a zero cash 

deposit rate will be required for that 

company); (2) for previously 

investigated or reviewed China and nonChina exporters not listed above that 

have separate rates, the cash deposit rate 

will continue to be the existing 

producer/exporter-specific rate 

published for the most recent period; (3) 

for all China exporters of subject 

merchandise that have not been found 

to be eligible for a separate rate, the cash 

deposit rate will be the China-wide rate 

of 285.63 percent; and (4) for all nonChina exporters of subject merchandise 

that have not received their own rate, 

the cash deposit rate will be the rate 

applicable to the China exporter(s) that 

supplied that non-China exporter. These 

deposit requirements, when imposed, 

shall remain in effect until further 

notice. 

Notification to Importers Regarding the 

Reimbursement of Duties 

This notice serves as a final reminder 

to importers of their responsibility 

under 19 CFR 351.402(f) 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 

and/or countervailing duties has 

occurred and the subsequent assessment 

of double antidumping duties, and/or 

increase in the amount of antidumping 

duties by the amount of the 

countervailing duties. 

Administrative Protective Order (APO) 

This notice also serves as a reminder 

to parties subject to an 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 terms of an APO is a 

violation which is subject to sanction. 

Notification to Interested Parties 

We are issuing and publishing these 

final results of administrative review in 

accordance with sections 751(a)(1) and 

777(i) of the Act, and 19 CFR 

351.221(b)(5). 

Dated: December 28, 2023. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

Appendix I 

List of Topics Discussed in the Issues and 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. Changes Since the Preliminary Results 

V. Discussion of the Issues 

Comment 1: Comparable Merchandise 

Comment 2: Surrogate Country Selection 

Comment 3: Whether Romanian SV 

Information was Timely Submitted 

Comment 4: Whether the Romanian SV for 

Chlorine is Aberrant 

VI. Recommendation 

[FR Doc. 2023–28998 Filed 1–3–24; 8:45 am] 

BILLING CODE 3510–DS–P 

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

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

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 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 89, No. 3 / Thursday, January 4, 2024 / Notices 457 

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. 

9See 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). 

10See Final Remand at 12. 

11See, 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. 

12See Brooklyn Bedding, LLC. v. United States, 

Court No. 21–00285, Slip Op. 23–189 (CIT 

December 22, 2023). 

13See Timken Co. v. United States, 893 F.2d 337 

(Fed. Cir. 1990) (Timken). 

14See Diamond Sawblades Manufacturers 

Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 

2010) (Diamond Sawblades). 

15Commerce 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). 

1See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews, 88 FR 

7060, 7062–63 (February 2, 2023). 

2 Yingli refers to the following companies which 

Commerce has treated as a single entity: (1) 

Shenzhen Yingli New Energy Resources Co., Ltd.; 

(2) Baoding Jiasheng Photovoltaic Technology Co. 

Ltd.; (3) Baoding Tianwei Yingli New Energy 

Resources Co., Ltd.; (4) Beijing Tianneng Yingli 

New Energy Resources Co., Ltd.; (5) Hainan Yingli 

New Energy Resources Co., Ltd.; (6) Hengshui 

Yingli New Energy Resources Co., Ltd.; (7) Lixian 

Yingli New Energy Resources Co., Ltd.; (8) Tianjin 

Yingli New Energy Resources Co., Ltd.; and (9) 

Yingli Energy (China) Company Limited. 

3See Memorandum, ‘‘Respondent Selection,’’ 

dated April 20, 2023. 

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

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. 

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: 

Exporter/producer 

Estimated 

weightedaverage 

dumping 

margin 

(percent) 

Saffron Living Co., Ltd ................ 763.28 

All Others .................................... 572.56 

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. 

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 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–979] 

Crystalline Silicon Photovoltaic Cells, 

Whether or Not Assembled Into 

Modules, From the People’s Republic 

of China: Preliminary Results of 

Antidumping Duty Administrative 

Review, Partial Rescission of 

Antidumping Administrative Review, 

and Preliminary Determination of No 

Shipments; 2021–2022 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) preliminarily 

determines that Shenzhen Sungold 

Solar Co., Ltd. (Sungold), and the 

companies which Commerce 

preliminarily granted separate rates, did 

not sell subject merchandise at prices 

below normal value (NV) during the 

period December 1, 2021, through 

November 30, 2022, the period of 

review (POR). Commerce also 

preliminarily determines that certain 

companies do not qualify for a separate 

rate, and that it is appropriate to rescind 

this review with respect to 10 

companies because all requests to 

review these companies were timely 

withdrawn. In addition, Commerce 

intends to rescind this review with 

respect to certain companies that did 

not ship subject merchandise during the 

POR. Interested parties are invited to 

comment on these preliminary results of 

the review. 

DATES: Applicable January 4, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Dakota Potts or Paola Aleman Ordaz, 

AD/CVD Operations, Office IV, 

Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–0223, or 

(202) 482–4031, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

In response to review requests from 

multiple parties, on February 2, 2023, 

Commerce initiated an administrative 

review of the antidumping duty order 

on crystalline silicon photovoltaic cells, 

whether or not assembled into modules 

(solar cells), from the People’s Republic 

of China (China) with respect to 68 

companies/company groupings for the 

period December 1, 2021, through 

November 30, 2022.1

On April 20, 2023, Commerce 

selected two exporters to individually 

examine as mandatory respondents, 

Yingli 2 and Shenzhen Glory Industries 

Co., Ltd. (Shenzhen Glory).3 Shenzhen 

Glory timely withdrew its request for 

review, and no other party requested a 


khammond on DSKJM1Z7X2PROD with NOTICES