[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Notices]
[Pages 37009-37011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12049]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-841]


Mattresses From Thailand: Preliminary Results, Preliminary Intent 
To Rescind, in Part, and Partial Rescission of Antidumping Duty 
Administrative Review; 2020-2022

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), did not make a bona fide sale 
of a mattress from Thailand during the period of review (POR) November 
3, 2020, through April 30, 2022. Therefore, Commerce intends to rescind 
this administrative review with respect to Saffron. Additionally, we 
are rescinding this review with respect to Nisco (Thailand) Co., Ltd. 
(Nisco) because it timely withdrew its administrative review request, 
and no other party requested a review of the company. We invite 
interested parties to comment on these preliminary results.

DATES: Applicable June 6, 2023.

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 14, 2021, Commerce published in the Federal Register the 
antidumping duty (AD) order on mattresses from Thailand.\1\ On May 2, 
2022, Commerce published a notice of opportunity to request an 
administrative review of the Order for the POR.\2\ On May 31, 2022, 
Nisco and Saffron each requested an administrative review of their 
entries.\3\ On July 14, 2022, based on these timely requests for 
administrative review, Commerce initiated this administrative review 
with

[[Page 37010]]

respect to Nisco and Saffron.\4\ On September 8, 2022, Nisco timely 
withdrew its request for administrative review.\5\
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    \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) 
(Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review and Join Annual Inquiry Service List, 87 FR 25619 (May 2, 
2022).
    \3\ See Nisco's Letter, ``Request for Administrative Review,'' 
dated May 31, 2022; see also Saffron's Letter, ``Request for 
Administrative Review,'' dated May 31, 2022.
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 42144 (July 14, 2022).
    \5\ See Nisco's Letter, ``Withdrawal of Request for 
Administrative Review,'' dated September 8, 2022.
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    On December 15, 2022, Commerce extended these preliminary results 
by 120 days to no later than May 31, 2023.\6\ For a more complete 
description of the events between the initiation of this review and 
these preliminary results, see the Preliminary Decision Memorandum.\7\
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    \6\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of the 2020-2022 Antidumping Duty Administrative Review,'' 
dated December 15, 2022.
    \7\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results, Preliminary Intent to Rescind, in Part, and Partial 
Rescission of Antidumping Duty Administrative Review; 2020-2022: 
Mattresses from Thailand,'' dated concurrently with, and hereby 
adopted by, this notice (Preliminary Decision Memorandum).
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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.\8\
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    \8\ See Preliminary Decision Memorandum at ``Scope of the 
Order.''
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Partial Rescission

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole, or in part, if the party that 
requested a review withdraws the request within 90 days of the date of 
publication of the notice of initiation. As noted above, Nisco timely 
withdrew its review request with respect to itself. Because no other 
party has requested a review of Nisco, we are rescinding this review, 
in part, with respect to Nisco, pursuant to 19 CFR 351.213(d)(1).

Intent To Rescind, in Part

    As discussed in the Preliminary Decision Memorandum and as further 
explained in the Bona Fide Sales Memorandum, Commerce preliminary finds 
that Saffron did not make a bona fide sale of a mattress during the 
POR.\9\ Commerce reached this conclusion based on the totality of the 
record information surrounding Saffron's reported sales, including, but 
not limited to, the sales price, the expenses incurred arising from the 
transaction, profitability of the resold subject merchandise, and the 
likelihood that the sale is atypical due to the business nature of the 
U.S. customer.
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    \9\ See Memorandum, ``Preliminary Bona Fide Sales Analysis,'' 
dated concurrently with this notice (Bona Fide Sales Memorandum).
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    Because we find that Saffron did not make a bona fide sale during 
the POR, we find that Saffron had no reviewable transactions during 
this POR. Accordingly, we preliminarily intend to rescind this 
administrative review.\10\ The factual information used in our bona 
fide sales analysis of Saffron's sales involves business proprietary 
information. See the Bona Fide Sales Memorandum for a full discussion 
of the basis of our preliminary findings.
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    \10\ See 19 CFR 351.213(d)(3).
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). A list of 
topics discussed in the Preliminary Decision Memorandum is attached as 
the 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 is available at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Public Comment

    Interested parties may submit case briefs no later than 30 days 
after the date of publication of this notice.\11\ Rebuttal briefs, 
limited to issues raised in the case briefs, may be filed not later 
than seven days after the date for filing case briefs.\12\ Commerce 
modified certain of its requirements for serving documents containing 
business proprietary information until further notice.\13\ Parties who 
submit case or rebuttal briefs in this proceeding are encouraged to 
submit with each argument: (1) a statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.\14\
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    \11\ See 19 CFR 351.309(c)(1)(ii); see also Temporary Rule 
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 
17007 (March 26, 2020) (``To provide adequate time for release of 
case briefs via ACCESS, E&C intends to schedule the due date for all 
rebuttal briefs to be 7 days after case briefs are filed (while 
these modifications remain in effect).'').
    \12\ See 19 CFR 351.309(d); see also 19 CFR 351.303 (for general 
filing requirements).
    \13\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
    \14\ See 19 CFR 351.309(c)(2) and (d)(2).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the publication of this notice. Requests should contain the 
party's name, address, telephone number, the number of participants, 
whether any participant is a foreign national, and a list of the issues 
to be discussed. If a request for a hearing is made, Commerce intends 
to hold the hearing at a time and date to be determined. Parties should 
confirm by telephone the date, time, and location of the hearing two 
days before the scheduled date.
    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).

Verification

    On October 24, 2022, Commerce received a timely request from 
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) (collectively, the petitioners) to 
verify the information submitted by Saffron in the course of this 
administrative review, pursuant to section 782(i)(3). Because we intend 
to rescind this administrative review with respect to Saffron, we are 
not conducting a verification.

Assessment Rates

    If Commerce proceeds to a final rescission of this administrative 
review, the assessment rate of 37.48 to which Saffron's shipments are 
subject will not be affected by this review.\15\ If Commerce does not 
proceed to a final rescission of this administrative review with 
respect to Saffron, pursuant to 19 CFR 351.212(b)(1), we will calculate 
importer-specific (or customer-specific) assessment rates based on the 
final results of this review.
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    \15\ See Mattresses from Thailand: Final Affirmative 
Determination of Sales at Less Than Fair Value, 86 FR 15928, 15929 
(March 25, 2021).
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    Because Commerce is rescinding this administrative review with 
respect to Nisco, Nisco's entries will be liquidated at its company-
specific rate of 763.28.\16\
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    \16\ Id.

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[[Page 37011]]

Cash Deposit Requirements

    If Commerce proceeds to a final rescission of this administrative 
review, Saffron's cash deposit rate will continue to be its company-
specific rate of 37.48.\17\ If Commerce issues final results for this 
administrative review, Commerce will instruct U.S. Customs and Border 
Protection to collect cash deposits, effective upon the publication of 
the final results, as the rates established therein.
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    \17\ Id.
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    Because Commerce is rescinding this administrative review with 
respect to Nisco, Nisco's entries continue to be subject to its 
company-specific rate of 763.28.\18\
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    \18\ Id.
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    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

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) and 777(i) of the Act, and 19 CFR 
351.213(h)(2) and 351.221(b)(4).

    Dated: May 31, 2023.
Lisa W. Wang,
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. Partial Rescission of Administrative Review
V. Discussion of Methodology
VI. Recommendation

[FR Doc. 2023-12049 Filed 6-5-23; 8:45 am]
BILLING CODE 3510-DS-P