Mattresses From China; Scheduling of the Final Phase of an Antidumping Duty Investigation, 27657-27658 [2019-12434]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 84, Number 114 (Thursday, June 13, 2019)]
[Notices]
[Pages 27657-27658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12434]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-1424 (Final)]


Mattresses From China; Scheduling of the Final Phase of an 
Antidumping Duty Investigation

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping investigation No. 731-TA-1424 (Final) 
pursuant to the Tariff Act of 1930 (``the Act'') to determine whether 
an industry in the United States is materially injured or threatened 
with material injury, or the establishment of an industry in the United 
States is materially retarded, by reason of imports of mattresses from 
China, provided for in subheadings 9404.21.00, 9404.29.10, 9404.29.90, 
9401.40.00, and 9401.90.50 of the Harmonized Tariff Schedule of the 
United States, preliminarily determined by the Department of Commerce 
(``Commerce'') to be sold at less-than-fair-value.

DATES: May 28, 2019.

FOR FURTHER INFORMATION CONTACT: Calvin Chang ((202) 205-3062), Office 
of Investigations, U.S. International Trade Commission, 500 E Street 
SW, Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
internet server (https://www.usitc.gov). The public record for this 
investigation may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:
    Scope.--For purposes of this investigation, Commerce has defined 
the subject merchandise as all types of youth and adult mattresses. The 
term ``mattress'' denotes an assembly of materials that at a minimum 
includes a ``core,'' which provides the main support system of the 
mattress, and may consist of innersprings, foam, other resilient 
filling, or a combination of these materials. Mattresses may also 
contain (1) ``upholstery,'' the material between the core and the top 
panel of the ticking on a single-sided mattress, or between the core 
and the top and bottom panel of the ticking on a double-sided mattress; 
and/or (2) ``ticking,'' the outermost layer of fabric or other material 
(e.g., vinyl) that encloses the core and any upholstery, also known as 
a cover.
    The scope of this investigation is restricted to only ``adult 
mattresses'' and ``youth mattresses.'' ``Adult mattresses'' have a 
width exceeding 35 inches, a length exceeding 72 inches, and a depth 
exceeding 3 inches on a nominal basis. Such mattresses are frequently 
described as ``twin,'' ``extra-long twin,'' ``full,'' ``queen,'' 
``king,'' or ``California king'' mattresses. ``Youth mattresses'' have 
a width exceeding 27 inches, a length exceeding 51 inches, and a depth 
exceeding 1 inch (crib mattresses have a depth of 6 inches or less from 
edge to edge) on a nominal basis. Such mattresses are typically 
described as ``crib,'' ``toddler,'' or ``youth'' mattresses. All adult 
and youth mattresses are included regardless of actual size 
description.
    The scope encompasses all types of ``innerspring mattresses,'' 
``non-innerspring mattresses,'' and ``hybrid mattresses.'' 
``Innerspring mattresses'' contain innersprings, a series of metal 
springs joined together in sizes that correspond to the dimensions of 
mattresses. Mattresses that contain innersprings are referred to as 
``innerspring mattresses'' or ``hybrid mattresses.'' ``Hybrid 
mattresses'' contain two or more support systems as the core, such as 
layers of both memory foam and innerspring units.
    ``Non-innerspring mattresses'' are those that do not contain any 
innerspring units. They are generally produced from foams (e.g., 
polyurethane, memory (viscoelastic), latex foam, gel-infused 
viscoelastic (gel foam), thermobonded polyester, polyethylene) or other 
resilient filling.
    Mattresses covered by the scope of this investigation may be 
imported independently, as part of furniture or furniture mechanisms 
(e.g., convertible sofa bed mattresses, sofa bed mattresses imported 
with sofa bed mechanisms, corner group mattresses, day-bed mattresses, 
roll-away bed mattresses, high risers, trundle bed mattresses, crib 
mattresses), or as part of a set in combination with a ``mattress 
foundation.'' ``Mattress foundations'' are any base or support for a 
mattress. Mattress foundations are commonly referred to as 
``foundations,'' ``boxsprings,'' ``platforms,'' and/or ``bases.'' Bases 
can be static, foldable, or adjustable. Only the mattress is covered by 
the scope if imported as part of furniture, with furniture mechanisms, 
or as part of a set in combination with a mattress foundation.
    Excluded from the scope of this investigation are ``futon'' 
mattresses. A ``futon'' is a bi-fold frame made of wood, metal, or 
plastic material, or any combination thereof, that functions as both 
seating furniture (such as a couch, love seat, or sofa) and a bed. A 
``futon mattress'' is a tufted mattress, where the top covering is 
secured to the bottom with thread that goes completely through the 
mattress from the top through to the bottom, and it does not contain 
innersprings or foam. A futon mattress is both the bed and seating 
surface for the futon.
    Also excluded from the scope are airbeds (including inflatable 
mattresses) and waterbeds, which consist of air- or liquid-filled 
bladders as the core or main support system of the mattress.
    Further, also excluded from the scope of this investigation are any 
products covered by the existing antidumping duty order on uncovered 
innerspring units. See Uncovered Innerspring Units from the People's 
Republic of China: Notice of Antidumping Duty Order, 74 FR 7661 
(February 19, 2009).
    Additionally, also excluded from the scope of this investigation 
are ``mattress toppers.'' A ``mattress topper'' is a removable bedding 
accessory that supplements a mattress by providing an additional layer 
that is placed on top of a mattress. Excluded mattress toppers have a 
height of four inches or less.
    The products subject to this investigation are currently properly 
classifiable under Harmonized Tariff Schedule for the United States 
(HTSUS) subheadings: 9404.21.0010, 9404.21.0013, 9404.29.1005, 
9404.29.1013, 9404.29.9085, and 9404.29.9087. Products subject to this 
investigation may also enter under HTSUS subheadings: 9404.21.0095, 
9404.29.1095, 9404.29.9095, 9401.40.0000, and 9401.90.5081. Although 
the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the merchandise subject to this 
investigation is dispositive.
    Background.--The final phase of this investigation is being 
scheduled, pursuant to section 735(b) of the Tariff

[[Page 27658]]

Act of 1930 (19 U.S.C. 1673d(b)), as a result of an affirmative 
preliminary determination by Commerce that imports of mattresses from 
China are being sold in the United States at less than fair value 
within the meaning of section 733 of the Act (19 U.S.C. 1673b). The 
investigation was requested in a petition filed on September 18, 2018, 
by Corsicana Mattress Company, Dallas, Texas; Elite Comfort Solutions, 
Newman, Georgia; Future Foam Inc., Council Bluffs, Iowa; FXI, Inc. 
Media, Pennsylvania; Innocor, Inc., Red Bank, New Jersey; Kolcraft 
Enterprises Inc., Chicago, Illinois; Leggett & Platt, Incorporated, 
Carthage, Missouri; Serta Simmons Bedding, LLC, Atlanta, Georgia; and 
Tempur Sealy International, Inc., Lexington, Kentucky.
    For further information concerning the conduct of this phase of the 
investigation, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 
CFR part 207).
    Participation in the investigation and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of this 
investigation as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in section 201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigation need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigation.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of this investigation 
available to authorized applicants under the APO issued in the 
investigation, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigation. A party granted access 
to BPI in the preliminary phase of the investigation need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
this investigation will be placed in the nonpublic record on September 
19, 2019, and a public version will be issued thereafter, pursuant to 
section 207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of this investigation beginning at 9:30 a.m. on Thursday, 
October 10, 2019, at the U.S. International Trade Commission Building. 
Requests to appear at the hearing should be filed in writing with the 
Secretary to the Commission on or before October 4, 2019. A nonparty 
who has testimony that may aid the Commission's deliberations may 
request permission to present a short statement at the hearing. All 
parties and nonparties desiring to appear at the hearing and make oral 
presentations should participate in a prehearing conference to be held 
on October 8, 2019, at the U.S. International Trade Commission 
Building, if deemed necessary. Oral testimony and written materials to 
be submitted at the public hearing are governed by sections 
201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. Parties 
must submit any request to present a portion of their hearing testimony 
in camera no later than 7 business days prior to the date of the 
hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of section 207.23 of the Commission's 
rules; the deadline for filing is September 26, 2019. Parties may also 
file written testimony in connection with their presentation at the 
hearing, as provided in section 207.24 of the Commission's rules, and 
posthearing briefs, which must conform with the provisions of section 
207.25 of the Commission's rules. The deadline for filing posthearing 
briefs is October 17, 2019. In addition, any person who has not entered 
an appearance as a party to the investigation may submit a written 
statement of information pertinent to the subject of the investigation, 
including statements of support or opposition to the petition, on or 
before October 17, 2019. On November 5, 2019, the Commission will make 
available to parties all information on which they have not had an 
opportunity to comment. Parties may submit final comments on this 
information on or before November 7, 2019, but such final comments must 
not contain new factual information and must otherwise comply with 
section 207.30 of the Commission's rules. All written submissions must 
conform with the provisions of section 201.8 of the Commission's rules; 
any submissions that contain BPI must also conform with the 
requirements of sections 201.6, 207.3, and 207.7 of the Commission's 
rules. The Commission's Handbook on E-Filing, available on the 
Commission's website at https://edis.usitc.gov, elaborates upon the 
Commission's rules with respect to electronic filing.
    Additional written submissions to the Commission, including 
requests pursuant to section 201.12 of the Commission's rules, shall 
not be accepted unless good cause is shown for accepting such 
submissions, or unless the submission is pursuant to a specific request 
by a Commissioner or Commission staff.
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigation must be 
served on all other parties to the investigation (as identified by 
either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.

    Authority: This investigation is being conducted under authority 
of title VII of the Tariff Act of 1930; this notice is published 
pursuant to section 207.21 of the Commission's rules.

    By order of the Commission.

    Issued: June 7, 2019.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2019-12434 Filed 6-12-19; 8:45 am]
BILLING CODE 7020-02-P