Document
Mattresses From Taiwan: Amended Preliminary Determination of Critical Circumstances for All Other Producers and/or Exporters
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...
SUPPLEMENTARY INFORMATION:
Background
On February 24, 2024, Commerce issued its
Preliminary Determination,
which subsequently published in the
Federal Register
on March 1, 2024.[]
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.[]
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.
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.[]
Analysis of Ministerial Error Allegation
Pursuant to 19 CFR 351.224, and as explained further in the Ministerial Error Memorandum,[]
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.[]
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.[]
Commerce considers this ministerial error to be significant, warranting an amendment of the
Preliminary Determination.[]
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.
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.