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 ( printed 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]

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:

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.

89 FR 456