[Federal Register Volume 89, Number 56 (Thursday, March 21, 2024)]
[Notices]
[Page 20164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05937]



[[Page 20164]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-873]


Mattresses From Taiwan: Amended Preliminary Determination of 
Critical Circumstances for All Other Producers and/or Exporters

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

SUMMARY: The U.S. Department of Commerce (Commerce) is amending its 
preliminary determination in the less-than-fair-value investigation of 
mattresses from Taiwan to correct a significant ministerial error with 
respect to our preliminary determination of critical circumstances for 
all other producers and/or exporters. The period of investigation is 
July 1, 2022, through June 30, 2023.

DATES: Applicable March 21, 2024.

FOR FURTHER INFORMATION CONTACT: Ajay Menon, AD/CVD Operations, Office 
IX, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-0208.

SUPPLEMENTARY INFORMATION:

Background

    On February 24, 2024, Commerce issued its Preliminary 
Determination, which subsequently published in the Federal Register on 
March 1, 2024.\1\ On February 28, 2024, we received a timely-filed 
ministerial error allegation from Cozy Comfort LLC (Cozy Comfort), 
alleging that Commerce made a significant ministerial error in the 
Preliminary Determination.\2\ After reviewing the allegation, we 
determine that we made a significant ministerial error with respect to 
our preliminary critical circumstances determination. Therefore, we are 
amending the Preliminary Determination to find that critical 
circumstances do not exist for all other producers and/or exporters. 
This amended determination does not affect our preliminary affirmative 
critical circumstances determination for Fuyue Mattress Industry Co., 
Ltd.; Star Seeds Co., Ltd.; and Yong Yi Cheng Co., Ltd.
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    \1\ See Mattresses from Taiwan: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value and Preliminary 
Affirmative Determination of Critical Circumstances, 89 FR 15129 
(March 1, 2024) (Preliminary Determination).
    \2\ See Cozy Comfort's Letter, ``Ministerial Error Allegation,'' 
dated February 28, 2024.
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Scope of the Investigation

    The products covered by this investigation are mattresses from 
Taiwan. For a complete description of the scope of the investigation, 
see the Preliminary Determination.\3\
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    \3\ Id., 89 FR at 15131.
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Analysis of Ministerial Error Allegation

    Pursuant to 19 CFR 351.224, and as explained further in the 
Ministerial Error Memorandum,\4\ we determine that we made an error in 
our preliminary critical circumstances calculation for all other 
producers and/or exporters in the Preliminary Determination. 
Specifically, in determining whether there were massive imports over a 
relatively short period for all other producers and/or exporters, 
pursuant to section 733(e)(1)(B) of the Tariff Act of 1930, as amended 
(the Act), using data from the Global Trade Atlas, imports between the 
base and comparison periods did not meet the 15 percent threshold 
necessary to determine that such imports were massive.\5\ Correcting 
this error results in a preliminary determination that imports were not 
massive for all other producers and/or exporters, resulting in a change 
to the preliminary affirmative critical circumstances determination for 
all other producers and/or exporters.\6\ Commerce considers this 
ministerial error to be significant, warranting an amendment of the 
Preliminary Determination.\7\ As a result, we are amending our 
preliminary determination to find that imports for other producers and/
or exporters were not massive, pursuant to 733(e)(1)(B) of the Act and 
19 CFR 351.206(c)(2)(1). Accordingly, we find that critical 
circumstances do not exist with respect to all other producers and/or 
exporters.
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    \4\ See Memorandum, ``Less-Than-Fair-Value Investigation of 
Mattresses from Taiwan: Allegation of Ministerial Errors in 
Preliminary Determination,'' dated concurrently with this notice 
(Ministerial Error Memorandum).
    \5\ See Ministerial Error Memorandum at 2 to 3.
    \6\ Id.
    \7\ Id.
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Suspension of Liquidation

    The collection of cash deposits and suspension of liquidation will 
be revised, in accordance with section 733(e) of the Act. We will 
instruct U.S. Customs and Border Protection (CBP) to suspend 
liquidation of entries of subject merchandise from all other producers 
and/or exporters, entered, or withdrawn from warehouse, for consumption 
on or after March 1, 2024, the date of publication of the Preliminary 
Determination.
    We will also instruct CBP to require a cash deposit for all other 
producers and/or exporters at the estimated all-others rate listed in 
the Preliminary Determination. These suspension of liquidation 
instructions will remain in effect until further notice.

Notification of U.S. International Trade Commission (ITC)

    In accordance with section 733(f) of the Act, we will notify the 
ITC of our amended preliminary determination.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
733(f) and 777(i)(1) of the Act, and 19 CFR 351.224(e).

    Dated: March 15, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.
[FR Doc. 2024-05937 Filed 3-20-24; 8:45 am]
BILLING CODE 3510-DS-P