[Federal Register Volume 89, Number 18 (Friday, January 26, 2024)]
[Notices]
[Pages 5206-5208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01595]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-841]


Mattresses From Thailand: Preliminary Results of the Antidumping 
Duty Administrative Review; 2022-2023

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds 
that Saffron Living Co., Ltd. (Saffron), the sole producer/exporter 
subject to this administrative review made sales of subject merchandise 
at prices below normal value during the period of review (POR) May 1, 
2022, through April 30, 2023. We invite interested parties to comment 
on these preliminary results.

DATES: Applicable January 26, 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 May 2, 2023, Commerce published in the Federal Register a notice 
of opportunity to request an administrative

[[Page 5207]]

review of the order \1\ for the period May 1, 2022, through April 30, 
2023.\2\ In May 2023, pursuant to section 751(a)(1) of the Tariff Act 
of 1930, as amended (the Act) and 19 CFR 351.213(b)(1), Commerce 
received requests to conduct an administrative review of Saffron from: 
(1) the petitioners; \3\ and (2) Saffron.\4\ On July 12, 2023, based on 
these timely requests for administrative review, Commerce initiated 
this administrative review with respect to Saffron.\5\ On August 10, 
2023, Saffron timely withdrew its request for administrative review.\6\
---------------------------------------------------------------------------

    \1\ 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), 
as amended in 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, 89 FR 456 (January 4, 2024) (Amended Order 
or Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review and Join Annual Inquiry Service List, 88 FR 27445 (May 2, 
2023).
    \3\ The petitioners are: Brooklyn Bedding, Elite Comfort 
Solutions, FXI, Inc., Kolcraft Enterprises, Inc., Leggett & Platt, 
Incorporated, the International Brotherhood of Teamsters, and United 
Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied 
Industrial and Service Workers International Union, AFL-CIO (USW). 
See Petitioners' Letter, ``Request for Administrative Review of 
Antidumping Duty Order,'' dated May 31, 2023.
    \4\ See Saffron's Letter, ``Request for Administrative Review of 
Saffron Living Co., Ltd.,'' dated May 21, 2023.
    \5\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 44262 (July 12, 2023).
    \6\ See Saffron's Letter, ``Withdrawal of Request for Review,'' 
dated August 10, 2023.
---------------------------------------------------------------------------

    For a more complete description of the events between the 
initiation of this review and these preliminary results, see the 
Preliminary Decision Memorandum.\7\
---------------------------------------------------------------------------

    \7\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of Mattresses from Thailand; 
2022-2023,'' dated concurrently with, and hereby adopted by, this 
notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the Order are mattresses from Thailand. For 
a full description of the scope of the Order, see the Preliminary 
Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with sections 
751(a)(1)(B) and (2) of the Act. In reaching these preliminary results, 
Commerce relied on facts otherwise available, with adverse inferences, 
in accordance with sections 776(a) and (b) of the Act. A list of topics 
discussed in the Preliminary Decision Memorandum is attached as an 
appendix to this notice. The Preliminary Decision Memorandum is a 
public document and is made available to the public 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 
Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Preliminary Results of Review

    We preliminary determine that the following estimated weighted-
average dumping margin exists for the period May 1, 2022, through April 
30, 2023.

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                 Producer and/or exporter                      dumping
                                                               margin
                                                              (percent)
------------------------------------------------------------------------
Saffron Living Co., Ltd...................................       763.28
------------------------------------------------------------------------

Disclosure and Public Comment

    Normally, Commerce will disclose to the parties in a proceeding the 
calculations performed in connection with the preliminary results 
within five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication of the notice 
of the preliminary results in the Federal Register, in accordance with 
19 CFR 351.224(b). However, because Commerce has preliminarily 
determined to apply AFA to Saffron, there are no calculations to 
disclose.
    Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit 
case briefs to Commerce no later than 30 days after the date of 
publication of this notice.\8\ Rebuttal briefs, limited to issues 
raised in the case briefs, may be filed not later than five days after 
the date for filing case briefs.\9\ Interested parties who submit case 
briefs or rebuttal briefs in this proceeding must submit: (1) a table 
of contents listing each issue; and (2) a table of authorities.\10\
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.303 (for general filing requirements).
    \9\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \10\ See 19 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this investigation, we instead request 
that interested parties provide at the beginning of their briefs a 
public, executive summary for each issue raised in their briefs.\11\ 
Further, we request that interested parties limit their executive 
summary of each issue to no more than 450 words, not including 
citations. We intend to use the executive summaries as the basis of the 
comment summaries included in the issues and decision memorandum that 
will accompany the final determination in this investigation. We 
request that interested parties include footnotes for relevant 
citations in the executive summary of each issue. Note that Commerce 
has amended certain of its requirements pertaining to the service of 
documents in 19 CFR 351.303(f).\12\
---------------------------------------------------------------------------

    \11\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \12\ See APO and Service Final Rule.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. Requests should contain: (1) the party's name, address, and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case briefs. All submissions, including 
case and rebuttal briefs, as well as hearing requests, should be filed 
using ACCESS.\13\ An electronically filed document must be received 
successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the 
established deadline.
---------------------------------------------------------------------------

    \13\ See 19 CFR 351.303.
---------------------------------------------------------------------------

Assessment Rates

    Upon completion of the final results of this administrative review, 
pursuant to section 751(a)(2)(A) of the Act, Commerce shall determine, 
and the U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries of subject merchandise 
covered by this review.\14\
---------------------------------------------------------------------------

    \14\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------

    If Saffron's weighted-average dumping margin is not zero or de 
minimis (i.e., less than 0.5 percent) in the final results of this 
review, we intend to calculate an importer-specific assessment rate for 
antidumping duties based on the ratio of the total amount of dumping 
calculated for each importer's examined sales and the total entered 
value of those same sales in accordance with 19 CFR 351.212(b)(1). If 
Saffron's weighted-average dumping margin or an

[[Page 5208]]

importer-specific assessment rate is zero or de minimis in the final 
results of this review, we intend to instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties.
    For entries of subject merchandise during the POR produced by 
Saffron for which the company did not know that the merchandise was 
destined for the United States, we will instruct CBP to liquidate these 
entries at the all-others rate (i.e., 572.56 percent) \15\ if there is 
no rate for the intermediate company(ies) involved in the 
transaction.\16\
---------------------------------------------------------------------------

    \15\ See Amended Order, 89 FR at 457.
    \16\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
review in the Federal Register. If a timely summons is filed at the 
U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).

Cash Deposit Requirements

    The following cash deposit requirements for estimated antidumping 
duties will be effective upon publication in the Federal Register of 
the notice of the final results of this review for all shipments of 
mattresses from Thailand entered, or withdrawn from warehouse, for 
consumption on or after the date of publication as provided by section 
751(a)(2) of the Act: (1) the cash deposit rate for Saffron will be 
equal to the weighted-average dumping margin established in the final 
results of the review; (2) for merchandise exported by companies not 
covered in this review but covered in a prior completed segment of this 
proceeding, the cash deposit rate will continue to be the company-
specific rate published in the completed segment for the most recent 
period; (3) if the exporter is not a firm covered in this review, a 
prior review, or the LTFV investigation but the producer is, then the 
cash deposit rate will be the rate established in the most recently 
completed segment of this proceeding for the producer of the 
merchandise; and (4) the cash deposit rate for all other producers or 
exporters will continue to be the all-others rate (i.e., 572.56 
percent).\17\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
---------------------------------------------------------------------------

    \17\ See Amended Order, 89 FR at 457.
---------------------------------------------------------------------------

Final Results of Review

    Unless extended, Commerce intends to issue the final results of 
this administrative review, including the results of its analysis of 
the issues raised in any written briefs, no later than 120 days after 
the date of publication of this notice, pursuant to section 
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

Notification to Importers

    This notice serves as a preliminary 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 review period. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) of the Act, and 19 CFR 351.213.

    Dated: January 22, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Application of Facts Available and Use of Adverse Inferences
V. Recommendation

[FR Doc. 2024-01595 Filed 1-25-24; 8:45 am]
BILLING CODE 3510-DS-P