Mattresses From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, and Final Affirmative Determination of Critical Circumstances, in Part, 56761-56765 [2019-23107]
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Federal Register / Vol. 84, No. 205 / Wednesday, October 23, 2019 / Notices
Changes Since the Preliminary Results
Based on a review of the record and
of the comments received from
interested parties, we have made certain
changes to Suzano’s margin calculation
and recalculated Suzano’s weightedaverage dumping margin. For further
discussion, see the Issues and Decision
Memorandum.
Final Results of the Administrative
Review
Notification to Importers
We determine that the following
weighted-average dumping margin
exists for the period March 1, 2017
through February 28, 2018.
Exporter/producer
Suzano Papel e Celulose
S.A ....................................
Weightedaverage
margin
(percent)
36.54
Assessment Rate
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review.4
For entries of subject merchandise
during the POR produced by Suzano for
which they did not know their
merchandise was destined for the
United States, we will instruct CBP to
liquidate unreviewed entries at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction.
We intend to issue liquidation
instructions to CBP 15 days after
publication of this notice.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the notice of final results
of this review for all shipments of
uncoated paper from Brazil entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication as provided by section
751(a)(2) of the Act: (1) The cash deposit
rate for companies subject to this review
will be equal to the weighted-average
dumping margins established in the
final results of the review; (2) for
merchandise exported by companies not
covered in this review but covered in a
prior segment of this proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recent period; (3) if the exporter is
not a firm covered in this review or the
original investigation but the producer
4 See section 751(a)(2)(C) of the Act; 19 CFR
351.212(b).
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is, then the cash deposit rate will be the
rate established for the most recently
completed segment for the producer of
the merchandise; (4) the cash deposit
rate for all other producers or exporters
will continue to be 27.11 percent, the
all-others rate established in the lessthan-fair-value investigation.5 These
cash deposit requirements, when
imposed, shall remain in effect until
further notice.
This notice also serves as a final
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 POR.
Failure to comply with this requirement
could result in the Secretary’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of doubled
antidumping duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective orders (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return/destruction of
APO materials, or conversion to judicial
protective order, is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
Commerce is issuing and publishing
these results in accordance with
sections 751(a)(1) and 777(i) of the Act
and 19 CFR 351.221(b)(5).
Dated: October 16, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. List of Comments
V. Discussion of Comments
5 See Certain Uncoated Paper from Australia,
Brazil, Indonesia, the People’s Republic of China,
and Portugal: Amended Final Affirmative
Antidumping Determinations for Brazil and
Indonesia and Antidumping Duty Orders, 81 FR
11174 (March 3, 2016).
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VI. Recommendation
[FR Doc. 2019–23064 Filed 10–22–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–092]
Mattresses From the People’s Republic
of China: Final Affirmative
Determination of Sales at Less Than
Fair Value, and Final Affirmative
Determination of Critical
Circumstances, in Part
The Department of Commerce
(Commerce) determines that imports of
mattresses from the People’s Republic of
China (China) are being, or are likely to
be, sold in the United States at less than
fair value (LTFV).
DATES: Applicable October 23, 2019.
FOR FURTHER INFORMATION CONTACT:
Stephen Bailey or Jonathan Hill, 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) 482–0193 or (202) 482–3518,
respectively.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
The petitioners in this investigation
are Corsicana Mattress Company, Elite
Comfort Solutions, Future Foam Inc.,
FXI, Inc., Innocor, Inc., Kolcraft
Enterprises Inc., Leggett & Platt,
Incorporated, Serta Simmons Bedding,
LLC, and Tempur Sealy International,
Inc. (the petitioners). The mandatory
respondents in this investigation are
Healthcare Co., Ltd. (Healthcare), and
Zinus Xiamen Inc.1 On June 4, 2019,
Commerce published its Preliminary
Determination for this investigation and
invited interested parties to comment.2
On July 10, 2019, Commerce published
its Amended Preliminary Determination
for this investigation and invited
1 For this final determination, Commerce has
collapsed Zinus Xiamen Inc. with Zinus Inc. and
Zinus Zhangzhou Inc. (collectively, Zinus). See
Memorandum, ‘‘Antidumping Duty Investigation of
Mattresses from the People’s Republic of China:
Final Determination of Affiliation/Single Entity
Treatment of Zinus Xiamen Inc., Zinus Zhangzhou
Inc., and Zinus Inc., dated concurrently with this
notice (Single Entity Memorandum).
2 See Mattresses from the People’s Republic of
China: Preliminary Determination of Sales at LessThan-Fair-Value, Postponement of Final
Determination and Affirmative Preliminary
Determination of Critical Circumstances, 84 FR
25732 (June 4, 2019) (Preliminary Determination),
and accompanying Preliminary Decision
Memorandum (Preliminary Decision
Memorandum).
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Federal Register / Vol. 84, No. 205 / Wednesday, October 23, 2019 / Notices
interested parties to comment.3 A
summary of the events that occurred
since Commerce published the
Preliminary Determination and
Amended Preliminary Determination
may be found in the Issues and Decision
Memorandum.4 The Issues and Decision
Memorandum is a public document and
is on file electronically 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 and it is
available to all parties in the Central
Records Unit, Room B8024 of the main
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed Issues and Decision
Memorandum and the electronic
version are identical in content.
Period of Investigation
The period of investigation (POI) is
January 1, 2018 through June 30, 2018.
Scope of the Investigation
The products covered by this
investigation are mattresses from China.
For a full description of the scope of this
investigation, see the ‘‘Scope of the
Investigation,’’ at Appendix I.
Scope Comments
During the course of this investigation
Commerce received scope comments
from interested parties. Commerce
issued a Preliminary Scope Decision
Memorandum to address these
comments and set aside a period of time
for parties to address scope issues in
case and rebuttal briefs.5 We received
scope comments from Innovation
Living, Inc. regarding convertible
furniture products also referred to as
‘‘convertible sofas’’ or ‘‘sofa beds.’’ 6
3 See Mattresses from the People’s Republic of
China: Amended Preliminary Determination of
Sales at Less Than Fair Value, 84 FR 32867 (July
10, 2019) (Amended Preliminary Determination).
4 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of Mattresses from the People’s
Republic of China,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
5 See Memorandum, ‘‘Mattresses from the
People’s Republic of China: Scope Comments
Decision Memorandum for the Preliminary
Determination,’’ dated May 28, 2019 (Preliminary
Scope Memorandum); and Preliminary
Determination, and accompanying Preliminary
Decision Memorandum at 5–6.
6 See Letter from Innovation Living, Inc.,
‘‘Mattresses from the People’s Republic of China:
Scope Brief Addressing Preliminary Scope
Determination,’’ dated July 5, 2019; and ‘‘Mattresses
from the People’s Republic of China: Redacted
Scope Brief Addressing Preliminary Scope
Determination,’’ dated July 31, 2019.
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Further, we received a scope exclusion
request from interested parties
proposing to exclude convertible
furniture products.7 We also received a
letter from the petitioners agreeing to
the proposed scope exclusion regarding
convertible furniture products.8 We
have addressed all scope comments
received in the Issues and Decision
Memorandum. As a result, we have
made certain changes to the scope of
this investigation. Specifically, we have
excluded convertible furniture products,
also referred to as ‘‘convertible sofas’’ or
‘‘sofa beds,’’ from the scope published
in the Amended Preliminary
Determination.9
Final Affirmative Determination of
Critical Circumstances
In accordance with 735(a)(3) of the
Tariff Act of 1930, as amended (the Act)
and 19 CFR 351.206, Commerce
determines that critical circumstances
exist with respect to imports of
mattresses from all non-individually
examined companies receiving a
separate rate and the China-wide entity.
For a full description of the
methodology and results of Commerce’s
final affirmative critical circumstances
analysis, see the Issues and Decision
Memorandum at Comment 1, ‘‘Whether
Commerce Should Adjust the Critical
Circumstances Analysis.’’
Verification
As provided in section 782(i) of the
Act, Commerce verified the sales and
factors of production data reported by
Healthcare and Zinus, for use in our
final determination.10 We used standard
verification procedures, including an
examination of relevant accounting and
production records, and original source
7 See Letter from Target General Merchandise Inc.
and Ashley Furniture Industries, Inc., ‘‘Mattresses
from the People’s Republic of China: Scope
Exclusion Proposal,’’ dated August 19, 2019.
8 See Letter from the petitioners, ‘‘Mattresses from
the People’s Republic of China: Petitioners’
Response to Scope Exclusion Request of Target
General Merchandise and Ashley Furniture,’’ dated
August 21, 2019.
9 See the Issues and Decision Memorandum.
10 See Memorandum, ‘‘Verification of Factors of
Production and Sales Response of Healthcare Co.,
Ltd. in the Antidumping Investigation of Mattresses
from the People’s Republic of China,’’ dated July 17,
2019 ; Memorandum, ‘‘Verification of Sales
Response of Healthcare Co., Ltd. in the
Antidumping Investigation of Mattresses from the
People’s Republic of China,’’ dated July 29, 2019 ;
Memorandum, ‘‘Verification of the Questionnaire
Responses of Zinus (Xiamen) Inc. and Zinus Inc.
(Korea) in the Antidumping Investigation of
Mattresses from the People’s Republic of China,’’
dated August 5, 2019 ; and Memorandum,
‘‘Constructed Export Price Verification of the
Questionnaire Responses of Zinus (Xiamen) Inc. in
the Antidumping Investigation of Mattresses from
the People’s Republic of China,’’ dated August 8,
2019.
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documents provided by Healthcare and
Zinus.
Analysis of Comments Received
In response to our invitation to
comment on the Preliminary
Determination and Amended
Preliminary Determination, interested
parties submitted case and rebuttal
briefs to Commerce, as well as scope
case and rebuttal briefs. All issues
timely raised in the case and rebuttal
briefs and the scope case and rebuttal
briefs that were submitted by parties in
this investigation are addressed in the
Issues and Decision Memorandum. A
list of the issues addressed in the Issues
and Decision Memorandum is attached
to this notice at Appendix II.
Methodology
Commerce conducted this
investigation in accordance with section
731 of the Act. Export price was
calculated in accordance with section
772(a) of the Act. Constructed export
price was calculated in accordance with
section 772(b) of the Act. Because China
is a non-market economy within the
meaning of section 771(18) of the Act,
normal value (NV) was calculated in
accordance with section 773(c) of the
Act. For a full description of the
methodology underlying Commerce’s
determination, see the Preliminary
Decision Memorandum; see also the
Issues and Decision Memorandum.
Changes Since the Preliminary
Determination and Amended
Preliminary Determination
Based on our analysis of the
comments received and verification, we
made certain changes to the Preliminary
Determination and Amended
Preliminary Determination. For a
discussion of these changes, see the
Issues and Decision Memorandum.
China-Wide Entity and Use of Adverse
Facts Available
For the reasons explained in the
Preliminary Determination, we continue
to find that the use of adverse facts
available (AFA), pursuant to sections
776(a) and (b) of the Act, is warranted
in determining the rate for the Chinawide entity. In selecting the AFA rate
for the China-wide entity, Commerce’s
practice is to select a rate that is
sufficiently adverse to ensure that the
uncooperative party does not obtain a
more favorable result by failing to
cooperate than if it had fully
cooperated.11 Specifically, it is
11 See, e.g., Notice of Preliminary Determination
of Sales at Less Than Fair Value and Postponement
of Final Determination: Purified
Carboxymethylcellulose from Finland, 69 FR 77216
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Commerce’s practice to select, as an
AFA rate, the higher of: (a) The highest
dumping margin alleged in the petition;
or, (b) the highest calculated dumping
margin of any respondent in the
investigation.12 For the final
determination, we are assigning the
China-wide entity, as AFA, the highest
petition margin of 1,731.75 percent. In
order to corroborate the highest
dumping margin alleged in the
Petition,13 1,731.75 percent, and to
determine its probative value, the
Department of Commerce (Commerce)
examined (A) the range of individual
dumping margins calculated using
average-to-transaction (A-to-T)
comparisons calculated for Healthcare
and Zinus in the final determination of
this investigation, (B) the range of
individual dumping margins calculated
using average-to-average (A-to-A)
comparisons calculated for Healthcare
and Zinus in this final determination,
and (C) the U.S. price and normal value
that are the basis of the highest dumping
margin alleged in the Petition compared
to the U.S. prices reported by Healthcare
and Zinus and the normal values
calculated for Healthcare and Zinus in
this investigation. We are able to
corroborate the highest petition
dumping margin, to the extent
practicable within the meaning of
section 776(c) of the Act, using
transaction-specific dumping margins,
weighted-average dumping margins
calculated for Healthcare and Zinus,
and Healthcare and Zinus normal values
and U.S. prices. Thus, we assigned this
dumping margin to the China-wide
entity as AFA. For further discussion,
see the proprietary version of the Issues
and Decision Memorandum at Comment
4 ‘‘Whether the China-wide Entity Rate
is Corroborated and Reasonable.’’
Separate Rates
No parties commented on our
decision in the Amended Preliminary
Determination to grant separate rate
status to 38 companies, including
Healthcare and Zinus. The exporters
granted separate rate status in this final
determination are listed in the table in
the ‘‘Final Determination’’ section of
this notice. We continue to assign the
estimated weighted-average dumping
margin calculated for Healthcare and
Zinus to the exporters not individually
examined that are entitled to a separate
rate. The companies denied a separate
rate will be treated as part of the Chinawide entity whose estimated weightedaverage dumping margin, for the reasons
explained, and as corroborated, in the
Preliminary Determination and this
final determination, is based on total
adverse facts available pursuant to
sections 776(a) and (b) of the Act.
Combination Rates
As explained in the Initiation Notice
and implemented in the Preliminary
Determination, we have continued to
calculate producer/exporter
combination rates for the respondents
that are eligible for a separate rate.14
Policy Bulletin 05.1 also describes this
practice.15
Final Determination
The final estimated weighted-average
dumping margins are as follows:
Estimated
weightedaverage
dumping
margin
(percent)
Exporter
Producer
Healthcare Co., Ltd .....................................................................
Zinus Inc./Zinus Xiamen Inc./Zinus Zhangzhou Inc.16 ...............
Dockter China Limited ................................................................
Healthcare Co., Ltd ....................................................................
Zinus Inc./Zinus Xiamen Inc./Zinus Zhangzhou Inc ..................
Dongguan Beijianing Household Products Co., Ltd. (a.k.a.
Better Zs, Ltd.).
Healthcare Co., Ltd ....................................................................
Huizhou Lemeijia Household Products Co., Ltd. (a.k.a. Better
Zs, Ltd.).
Foshan Chiland Furniture Co., Ltd ............................................
Foshan City Jinxingma Furniture Manufacture Co., Ltd ............
Foshan City Kewei Furniture Co., Ltd .......................................
Foshan City Shunde Haozuan Furniture Co., Ltd .....................
Foshan EON Technology Industry Co., Ltd ..............................
Foshan Mengruo Household Furniture Co., Ltd ........................
Foshan Qisheng Sponge Co., Ltd .............................................
Foshan Ruixin Non Woven Co., Ltd ..........................................
Foshan Suilong Furniture Co. Ltd .............................................
Foshan Ziranbao Furniture Co., Ltd ..........................................
Guangdong Diglant Furniture Industrial Co., Ltd .......................
Healthcare Co., Ltd ....................................................................
Inno Sports Co., Ltd ...................................................................
lnno Sports Co., Ltd ...................................................................
Jiangsu Wellcare Household Articles Co., Ltd ..........................
Jiashan Nova Co., Ltd ...............................................................
Jiaxing Taien Springs Co., Ltd ..................................................
Dockter China Limited ................................................................
Dockter China Limited ................................................................
Foshan Chiland Furniture Co., Ltd .............................................
Foshan City Jinxingma Furniture Manufacture Co., Ltd .............
Foshan City Kewei Furniture Co., Ltd ........................................
Foshan City Shunde Haozuan Furniture Co., Ltd ......................
Foshan EON Technology Industry Co., Ltd ...............................
Foshan Mengruo Household Furniture Co., Ltd .........................
Foshan Qisheng Sponge Co., Ltd ..............................................
Foshan Ruixin Non Woven Co., Ltd ...........................................
Foshan Suilong Furniture Co. Ltd ..............................................
Foshan Ziranbao Furniture Co., Ltd ...........................................
Guangdong Diglant Furniture Industrial Co., Ltd ........................
Healthcare Sleep Products Limited ............................................
Hong Kong Gesin Technology Limited .......................................
lnno Sports Co., Ltd ....................................................................
Jiangsu Wellcare Household Articles Co., Ltd ...........................
Jiashan Nova Co., Ltd ................................................................
Jiaxing Taien Springs Co., Ltd ...................................................
(December 27, 2004) (unchanged in Notice of Final
Determination of Sales at Less Than Fair Value:
Purified Carboxymethylcellulose from Finland, 70
FR 28279 (May 17, 2005)).
12 See, e.g., Certain Stilbenic Optical Brightening
Agents from the People’s Republic of China: Final
Determination of Sales at Less Than Fair Value, 77
FR 17436, 17438 (March 26, 2012); Final
Determination of Sales at Less Than Fair Value:
Certain Cold-Rolled Flat-Rolled Carbon Quality
Steel Products from the People’s Republic of China,
65 FR 34660 (May 31, 2000), and accompanying
Issues and Decision Memorandum.
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18:10 Oct 22, 2019
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13 See Letter from the petitioners, ‘‘Mattresses
from the People’s Republic of China: Antidumping
Duty Petition,’’ September 18, 2018 (Petition) at 38;
Letter from the petitioners, ‘‘Mattresses from the
People’s Republic of China: Request for Revised
Normal Value and Dumping Margin Calculations,’’
October 2, 2019, at Exhibit 2, Memorandum,
‘‘Antidumping Duty Investigation Initiation
Checklist,’’ October 9, 2018 (Initiation Checklist) at
10.
14 See Mattresses from the People’s Republic of
China: Initiation of Less-Than-Fair-Value
Investigation, 83 FR 52386 (October 17, 2018)
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57.03
192.04
162.76
162.76
162.76
162.76
162.76
162.76
162.76
162.76
162.76
162.76
162.76
162.76
162.76
162.76
162.76
162.76
162.76
162.76
162.76
162.76
(Initiation Notice); see also Preliminary
Determination, 84 FR at 25733; and Amended
Preliminary Determination, 84 FR at 32868.
15 See Policy Bulletin No. 05.1, ‘‘Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market
Economy Countries,’’ (April 5, 2005) (Policy
Bulletin 05.1), available on Commerce’s website at
https://enforcement.trade.gov/policy/bull05-1.pdf.
16 See Single Entity Memorandum.
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Estimated
weightedaverage
dumping
margin
(percent)
Exporter
Producer
Jiaxing Visco Foam Co., Ltd .......................................................
Jinlongheng Furniture Co., Ltd ...................................................
Luen Tai Group (China) Limited .................................................
Luen Tai Global Limited ..............................................................
Man Wah Furniture Manufacturing (Hui Zhou) Co., Ltd., Man
Wah (MACAO Commercial Offshore), Ltd. and Man Wah
(USA), Inc.
Ningbo Megafeat Bedding Co., Ltd ............................................
Ningbo Shuibishen Home Textile Technology Co., Ltd .............
Nisco Co., Ltd .............................................................................
Quanzhou Hengang Imp. & Exp. Co., Ltd ..................................
Shanghai Glory Home Furnishings Co., Ltd ...............................
Sinomax Macao Commercial Offshore Limited ..........................
Sinomax Macao Commercial Offshore Limited ..........................
Wings Developing Co., Limited ..................................................
Xianghe Kaneman Furniture Co., Ltd .........................................
Xilinmen Furniture Co., Ltd .........................................................
Zhejiang Glory Home Furnishings Co., Ltd ................................
China-wide entity ........................................................................
Jiaxing Visco Foam Co., Ltd ......................................................
Jinlongheng Furniture Co., Ltd ..................................................
Shenzhen L&T Industrial Co., Ltd .............................................
Shenzhen L&T Industrial Co., Ltd .............................................
Man Wah Household Industry (Huizhou) Co., Ltd ....................
162.76
162.76
162.76
162.76
162.76
Ningbo Megafeat Bedding Co., Ltd ...........................................
Ningbo Shuibishen Home Textile Technology Co., Ltd ............
Healthcare Co., Ltd ....................................................................
Quanzhou Hengang Industries Co., Ltd ....................................
Shanghai Glory Home Furnishings Co., Ltd ..............................
Dongguan Sinohome Limited ....................................................
Sinomax (Zhejiang) Polyurethane Technology Ltd ...................
Quanzhou Hengang Industries Co., Ltd ....................................
Xianghe Kaneman Furniture Co., Ltd ........................................
Xilinmen Furniture Co., Ltd ........................................................
Zhejiang Glory Home Furnishings Co., Ltd ...............................
....................................................................................................
162.76
162.76
162.76
162.76
162.76
162.76
162.76
162.76
162.76
162.76
162.76
1,731.75
Disclosure
We intend to disclose, to interested
parties under Administrative Protective
Order (APO), the calculations performed
in connection with this final
determination within five days of any
public announcement or, if there is no
public announcement, within five days
of the date of publication of the notice
of final determination in the Federal
Register, in accordance with 19 CFR
351.224(b).
Continuation of Suspension of
Liquidation
As noted above, Commerce continues
to find that critical circumstances exist
with respect to imports of subject
merchandise from the separate rate
companies and the China-wide entity,
but do not exist for Healthcare and
Zinus. In accordance with section
733(e)(2)(A) of the Act, the suspension
of liquidation shall apply to
unliquidated entries of shipments of
mattresses from China as described in
Appendix I of this notice, from the
separate rate companies and the Chinawide entity that were entered, or
withdrawn from warehouse, for
consumption on or after March 6, 2019,
which is 90 days before the publication
of the Preliminary Determination.
Because we continue to find that critical
circumstances do not exist with regard
to Healthcare and Zinus, in accordance
with section 735(c)(1)(B) of the Act,
Commerce will instruct U.S. Customs
and Border Protection (CBP) to continue
to suspend liquidation of all Healthcare
and Zinus entries of mattresses from
China as described in Appendix I of this
notice, which were entered, or
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withdrawn from warehouse, for
consumption on or after June 4, 2019,
the date of publication of the
Preliminary Determination.
Further, pursuant to section
735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), we will instruct CBP to
require a cash deposit for estimated
antidumping duties for such entries as
follows: (1) For the exporter/producer
combinations listed in the table above,
the cash deposit rate is equal to the
estimated weighted-average dumping
margin listed for that combination in the
table; (2) for all combinations of
exporters/producers of subject
merchandise not listed in the table
above, the cash deposit rate is equal to
the estimated weighted-average
dumping margin listed in the table for
the China-wide entity; and (3) for all
non-Chinese exporters of subject
merchandise not listed in the table
above, the cash deposit rate is equal to
the cash deposit rate applicable to the
exporter/producer of subject
merchandise combination (or the Chinawide entity) that supplied that nonChinese exporter.
These suspension of liquidation
instructions will remain in effect until
further notice.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the International
Trade Commission (ITC) of the final
affirmative determination of sales at
LTFV. Because the final determination
is affirmative, in accordance with
section 735(b)(2) of the Act, the ITC will
make its final determination as to
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whether the domestic industry in the
United States is materially injured, or
threatened with material injury, by
reason of imports or sales (or the
likelihood of sales) for importation of
subject mattresses, no later than 45 days
after this final determination. If the ITC
determines that such injury does not
exist, this proceeding will be
terminated, and all cash deposited for
antidumping duties will be refunded. If
the ITC determines that such injury
does exist, Commerce will issue an
antidumping duty order directing CBP
to assess, upon further instruction by
Commerce, antidumping duties on all
imports of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the effective
date of the suspension of liquidation, as
discussed above in the ‘‘Continuation of
Suspension of Liquidation’’ section.
Administrative Protective Orders
In the event that the ITC issues a final
negative injury determination, this
notice will serve as the only reminder
to the parties subject to Administrative
Protective Order (APO) of their
responsibility concerning the
disposition of propriety information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or,
alternatively, conversion to judicial
protective order, is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation that
is subject to sanction.
E:\FR\FM\23OCN1.SGM
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Federal Register / Vol. 84, No. 205 / Wednesday, October 23, 2019 / Notices
Notification to Interested Parties
This determination is issued and
published pursuant to sections 735(d)
and 777(i)(1) of the Act, and 19 CFR
351.210(c).
Dated: October 17, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix I
Scope of the Investigation
The products covered by this investigation
are 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
VerDate Sep<11>2014
18:10 Oct 22, 2019
Jkt 250001
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 liquidfilled bladders as the core or main support
system of the mattress.
Also excluded is certain multifunctional
furniture that is convertible from seating to
sleeping, regardless of filler material or
components, where that filler material or
components are integrated into the design
and construction of, and inseparable from,
the furniture framing. Such furniture may,
and without limitation, be commonly
referred to as ‘‘convertible sofas,’’ ‘‘sofa
beds,’’ ‘‘sofa chaise sleepers,’’ ‘‘futons,’’
‘‘ottoman sleepers’’ or a like description.
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.
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope Comments
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
56765
IV. Scope of the Investigation
V. Changes From the Preliminary
Determination
VI. Analysis of Comments
Comment 1: Whether Commerce Should
Adjust the Critical Circumstances
Analysis
Comment 2: Whether to Allow the
Inclusion of Cash Deposits for the 90-Day
Retroactive Period
Comment 3: Whether Commerce Should
Take into Consideration the Claimed
Impact of Section 301 Tariffs on the
Critical Circumstances Surge Analysis
Comment 4: Whether the China-wide
Entity Rate is Corroborated and
Reasonable
Comment 5: Whether Commerce Should
Rely on Malaysia or Mexico as the
Surrogate Country
Comment 6: Whether Commerce Should
Remove Luxury Sleep’s Distribution
Costs from the Financial Ratio
Calculation
Comment 7: Whether Commerce Should
Average the Luxury Sleep and Aerofoam
Financial Statements
Comment 8: Whether Commerce Should
Apply AFA to Healthcare
Comment 9: Whether Commerce Should
Allow an Adjustment for Healthcare’s
Freight Revenue
Comment 10: Whether Commerce Should
Recalculate Healthcare’s Indirect Selling
Expense Ratio
Comment 11: Surrogate Values for Certain
Zinus Inputs
Comment 12: Zinus’ Per-Unit Calculation
of Water
Comment 13: Zinus’ Direct Expenses
Calculation
Comment 14: Zinus’ Cash Deposit
Instructions
VII. Recommendation
[FR Doc. 2019–23107 Filed 10–22–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–011]
Certain Crystalline Silicon Photovoltaic
Products From the People’s Republic
of China: Final Results of
Countervailing Duty Administrative
Review; 2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that exporters
and/or producers subject to the
administrative review of certain
crystalline silicon photovoltaic products
(solar products) from the People’s
Republic of China (China) received
countervailable subsidies during the
January 1, 2017 through December 31,
2017 period of review.
DATES: Applicable October 23, 2019.
AGENCY:
E:\FR\FM\23OCN1.SGM
23OCN1
]]>Agencies
[Federal Register Volume 84, Number 205 (Wednesday, October 23, 2019)]
[Notices]
[Pages 56761-56765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23107]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-092]
Mattresses From the People's Republic of China: Final Affirmative
Determination of Sales at Less Than Fair Value, and Final Affirmative
Determination of Critical Circumstances, in Part
SUMMARY: The Department of Commerce (Commerce) determines that imports
of mattresses from the People's Republic of China (China) are being, or
are likely to be, sold in the United States at less than fair value
(LTFV).
DATES: Applicable October 23, 2019.
FOR FURTHER INFORMATION CONTACT: Stephen Bailey or Jonathan Hill, 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) 482-0193 or (202)
482-3518, respectively.
SUPPLEMENTARY INFORMATION:
Background
The petitioners in this investigation are Corsicana Mattress
Company, Elite Comfort Solutions, Future Foam Inc., FXI, Inc., Innocor,
Inc., Kolcraft Enterprises Inc., Leggett & Platt, Incorporated, Serta
Simmons Bedding, LLC, and Tempur Sealy International, Inc. (the
petitioners). The mandatory respondents in this investigation are
Healthcare Co., Ltd. (Healthcare), and Zinus Xiamen Inc.\1\ On June 4,
2019, Commerce published its Preliminary Determination for this
investigation and invited interested parties to comment.\2\ On July 10,
2019, Commerce published its Amended Preliminary Determination for this
investigation and invited
[[Page 56762]]
interested parties to comment.\3\ A summary of the events that occurred
since Commerce published the Preliminary Determination and Amended
Preliminary Determination may be found in the Issues and Decision
Memorandum.\4\ The Issues and Decision Memorandum is a public document
and is on file electronically 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 and it is available to all parties in the Central
Records Unit, Room B8024 of the main Commerce building. In addition, a
complete version of the Issues and Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/frn/. The signed Issues and
Decision Memorandum and the electronic version are identical in
content.
---------------------------------------------------------------------------
\1\ For this final determination, Commerce has collapsed Zinus
Xiamen Inc. with Zinus Inc. and Zinus Zhangzhou Inc. (collectively,
Zinus). See Memorandum, ``Antidumping Duty Investigation of
Mattresses from the People's Republic of China: Final Determination
of Affiliation/Single Entity Treatment of Zinus Xiamen Inc., Zinus
Zhangzhou Inc., and Zinus Inc., dated concurrently with this notice
(Single Entity Memorandum).
\2\ See Mattresses from the People's Republic of China:
Preliminary Determination of Sales at Less-Than-Fair-Value,
Postponement of Final Determination and Affirmative Preliminary
Determination of Critical Circumstances, 84 FR 25732 (June 4, 2019)
(Preliminary Determination), and accompanying Preliminary Decision
Memorandum (Preliminary Decision Memorandum).
\3\ See Mattresses from the People's Republic of China: Amended
Preliminary Determination of Sales at Less Than Fair Value, 84 FR
32867 (July 10, 2019) (Amended Preliminary Determination).
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Mattresses from the People's Republic of China,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
---------------------------------------------------------------------------
Period of Investigation
The period of investigation (POI) is January 1, 2018 through June
30, 2018.
Scope of the Investigation
The products covered by this investigation are mattresses from
China. For a full description of the scope of this investigation, see
the ``Scope of the Investigation,'' at Appendix I.
Scope Comments
During the course of this investigation Commerce received scope
comments from interested parties. Commerce issued a Preliminary Scope
Decision Memorandum to address these comments and set aside a period of
time for parties to address scope issues in case and rebuttal
briefs.\5\ We received scope comments from Innovation Living, Inc.
regarding convertible furniture products also referred to as
``convertible sofas'' or ``sofa beds.'' \6\ Further, we received a
scope exclusion request from interested parties proposing to exclude
convertible furniture products.\7\ We also received a letter from the
petitioners agreeing to the proposed scope exclusion regarding
convertible furniture products.\8\ We have addressed all scope comments
received in the Issues and Decision Memorandum. As a result, we have
made certain changes to the scope of this investigation. Specifically,
we have excluded convertible furniture products, also referred to as
``convertible sofas'' or ``sofa beds,'' from the scope published in the
Amended Preliminary Determination.\9\
---------------------------------------------------------------------------
\5\ See Memorandum, ``Mattresses from the People's Republic of
China: Scope Comments Decision Memorandum for the Preliminary
Determination,'' dated May 28, 2019 (Preliminary Scope Memorandum);
and Preliminary Determination, and accompanying Preliminary Decision
Memorandum at 5-6.
\6\ See Letter from Innovation Living, Inc., ``Mattresses from
the People's Republic of China: Scope Brief Addressing Preliminary
Scope Determination,'' dated July 5, 2019; and ``Mattresses from the
People's Republic of China: Redacted Scope Brief Addressing
Preliminary Scope Determination,'' dated July 31, 2019.
\7\ See Letter from Target General Merchandise Inc. and Ashley
Furniture Industries, Inc., ``Mattresses from the People's Republic
of China: Scope Exclusion Proposal,'' dated August 19, 2019.
\8\ See Letter from the petitioners, ``Mattresses from the
People's Republic of China: Petitioners' Response to Scope Exclusion
Request of Target General Merchandise and Ashley Furniture,'' dated
August 21, 2019.
\9\ See the Issues and Decision Memorandum.
---------------------------------------------------------------------------
Final Affirmative Determination of Critical Circumstances
In accordance with 735(a)(3) of the Tariff Act of 1930, as amended
(the Act) and 19 CFR 351.206, Commerce determines that critical
circumstances exist with respect to imports of mattresses from all non-
individually examined companies receiving a separate rate and the
China-wide entity. For a full description of the methodology and
results of Commerce's final affirmative critical circumstances
analysis, see the Issues and Decision Memorandum at Comment 1,
``Whether Commerce Should Adjust the Critical Circumstances Analysis.''
Verification
As provided in section 782(i) of the Act, Commerce verified the
sales and factors of production data reported by Healthcare and Zinus,
for use in our final determination.\10\ We used standard verification
procedures, including an examination of relevant accounting and
production records, and original source documents provided by
Healthcare and Zinus.
---------------------------------------------------------------------------
\10\ See Memorandum, ``Verification of Factors of Production and
Sales Response of Healthcare Co., Ltd. in the Antidumping
Investigation of Mattresses from the People's Republic of China,''
dated July 17, 2019 ; Memorandum, ``Verification of Sales Response
of Healthcare Co., Ltd. in the Antidumping Investigation of
Mattresses from the People's Republic of China,'' dated July 29,
2019 ; Memorandum, ``Verification of the Questionnaire Responses of
Zinus (Xiamen) Inc. and Zinus Inc. (Korea) in the Antidumping
Investigation of Mattresses from the People's Republic of China,''
dated August 5, 2019 ; and Memorandum, ``Constructed Export Price
Verification of the Questionnaire Responses of Zinus (Xiamen) Inc.
in the Antidumping Investigation of Mattresses from the People's
Republic of China,'' dated August 8, 2019.
---------------------------------------------------------------------------
Analysis of Comments Received
In response to our invitation to comment on the Preliminary
Determination and Amended Preliminary Determination, interested parties
submitted case and rebuttal briefs to Commerce, as well as scope case
and rebuttal briefs. All issues timely raised in the case and rebuttal
briefs and the scope case and rebuttal briefs that were submitted by
parties in this investigation are addressed in the Issues and Decision
Memorandum. A list of the issues addressed in the Issues and Decision
Memorandum is attached to this notice at Appendix II.
Methodology
Commerce conducted this investigation in accordance with section
731 of the Act. Export price was calculated in accordance with section
772(a) of the Act. Constructed export price was calculated in
accordance with section 772(b) of the Act. Because China is a non-
market economy within the meaning of section 771(18) of the Act, normal
value (NV) was calculated in accordance with section 773(c) of the Act.
For a full description of the methodology underlying Commerce's
determination, see the Preliminary Decision Memorandum; see also the
Issues and Decision Memorandum.
Changes Since the Preliminary Determination and Amended Preliminary
Determination
Based on our analysis of the comments received and verification, we
made certain changes to the Preliminary Determination and Amended
Preliminary Determination. For a discussion of these changes, see the
Issues and Decision Memorandum.
China-Wide Entity and Use of Adverse Facts Available
For the reasons explained in the Preliminary Determination, we
continue to find that the use of adverse facts available (AFA),
pursuant to sections 776(a) and (b) of the Act, is warranted in
determining the rate for the China-wide entity. In selecting the AFA
rate for the China-wide entity, Commerce's practice is to select a rate
that is sufficiently adverse to ensure that the uncooperative party
does not obtain a more favorable result by failing to cooperate than if
it had fully cooperated.\11\ Specifically, it is
[[Page 56763]]
Commerce's practice to select, as an AFA rate, the higher of: (a) The
highest dumping margin alleged in the petition; or, (b) the highest
calculated dumping margin of any respondent in the investigation.\12\
For the final determination, we are assigning the China-wide entity, as
AFA, the highest petition margin of 1,731.75 percent. In order to
corroborate the highest dumping margin alleged in the Petition,\13\
1,731.75 percent, and to determine its probative value, the Department
of Commerce (Commerce) examined (A) the range of individual dumping
margins calculated using average-to-transaction (A-to-T) comparisons
calculated for Healthcare and Zinus in the final determination of this
investigation, (B) the range of individual dumping margins calculated
using average-to-average (A-to-A) comparisons calculated for Healthcare
and Zinus in this final determination, and (C) the U.S. price and
normal value that are the basis of the highest dumping margin alleged
in the Petition compared to the U.S. prices reported by Healthcare and
Zinus and the normal values calculated for Healthcare and Zinus in this
investigation. We are able to corroborate the highest petition dumping
margin, to the extent practicable within the meaning of section 776(c)
of the Act, using transaction-specific dumping margins, weighted-
average dumping margins calculated for Healthcare and Zinus, and
Healthcare and Zinus normal values and U.S. prices. Thus, we assigned
this dumping margin to the China-wide entity as AFA. For further
discussion, see the proprietary version of the Issues and Decision
Memorandum at Comment 4 ``Whether the China-wide Entity Rate is
Corroborated and Reasonable.''
---------------------------------------------------------------------------
\11\ See, e.g., Notice of Preliminary Determination of Sales at
Less Than Fair Value and Postponement of Final Determination:
Purified Carboxymethylcellulose from Finland, 69 FR 77216 (December
27, 2004) (unchanged in Notice of Final Determination of Sales at
Less Than Fair Value: Purified Carboxymethylcellulose from Finland,
70 FR 28279 (May 17, 2005)).
\12\ See, e.g., Certain Stilbenic Optical Brightening Agents
from the People's Republic of China: Final Determination of Sales at
Less Than Fair Value, 77 FR 17436, 17438 (March 26, 2012); Final
Determination of Sales at Less Than Fair Value: Certain Cold-Rolled
Flat-Rolled Carbon Quality Steel Products from the People's Republic
of China, 65 FR 34660 (May 31, 2000), and accompanying Issues and
Decision Memorandum.
\13\ See Letter from the petitioners, ``Mattresses from the
People's Republic of China: Antidumping Duty Petition,'' September
18, 2018 (Petition) at 38; Letter from the petitioners, ``Mattresses
from the People's Republic of China: Request for Revised Normal
Value and Dumping Margin Calculations,'' October 2, 2019, at Exhibit
2, Memorandum, ``Antidumping Duty Investigation Initiation
Checklist,'' October 9, 2018 (Initiation Checklist) at 10.
---------------------------------------------------------------------------
Separate Rates
No parties commented on our decision in the Amended Preliminary
Determination to grant separate rate status to 38 companies, including
Healthcare and Zinus. The exporters granted separate rate status in
this final determination are listed in the table in the ``Final
Determination'' section of this notice. We continue to assign the
estimated weighted-average dumping margin calculated for Healthcare and
Zinus to the exporters not individually examined that are entitled to a
separate rate. The companies denied a separate rate will be treated as
part of the China-wide entity whose estimated weighted-average dumping
margin, for the reasons explained, and as corroborated, in the
Preliminary Determination and this final determination, is based on
total adverse facts available pursuant to sections 776(a) and (b) of
the Act.
Combination Rates
As explained in the Initiation Notice and implemented in the
Preliminary Determination, we have continued to calculate producer/
exporter combination rates for the respondents that are eligible for a
separate rate.\14\ Policy Bulletin 05.1 also describes this
practice.\15\
---------------------------------------------------------------------------
\14\ See Mattresses from the People's Republic of China:
Initiation of Less-Than-Fair-Value Investigation, 83 FR 52386
(October 17, 2018) (Initiation Notice); see also Preliminary
Determination, 84 FR at 25733; and Amended Preliminary
Determination, 84 FR at 32868.
\15\ See Policy Bulletin No. 05.1, ``Separate-Rates Practice and
Application of Combination Rates in Antidumping Investigations
involving Non-Market Economy Countries,'' (April 5, 2005) (Policy
Bulletin 05.1), available on Commerce's website at https://enforcement.trade.gov/policy/bull05-1.pdf.
\16\ See Single Entity Memorandum.
---------------------------------------------------------------------------
Final Determination
The final estimated weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
Estimated
weighted-
Exporter Producer average
dumping margin
(percent)
------------------------------------------------------------------------
Healthcare Co., Ltd............ Healthcare Co., Ltd.... 57.03
Zinus Inc./Zinus Xiamen Inc./ Zinus Inc./Zinus Xiamen 192.04
Zinus Zhangzhou Inc.\16\. Inc./Zinus Zhangzhou
Inc.
Dockter China Limited.......... Dongguan Beijianing 162.76
Household Products
Co., Ltd. (a.k.a.
Better Zs, Ltd.).
Dockter China Limited.......... Healthcare Co., Ltd.... 162.76
Dockter China Limited.......... Huizhou Lemeijia 162.76
Household Products
Co., Ltd. (a.k.a.
Better Zs, Ltd.).
Foshan Chiland Furniture Co., Foshan Chiland 162.76
Ltd. Furniture Co., Ltd.
Foshan City Jinxingma Furniture Foshan City Jinxingma 162.76
Manufacture Co., Ltd. Furniture Manufacture
Co., Ltd.
Foshan City Kewei Furniture Foshan City Kewei 162.76
Co., Ltd. Furniture Co., Ltd.
Foshan City Shunde Haozuan Foshan City Shunde 162.76
Furniture Co., Ltd. Haozuan Furniture Co.,
Ltd.
Foshan EON Technology Industry Foshan EON Technology 162.76
Co., Ltd. Industry Co., Ltd.
Foshan Mengruo Household Foshan Mengruo 162.76
Furniture Co., Ltd. Household Furniture
Co., Ltd.
Foshan Qisheng Sponge Co., Ltd. Foshan Qisheng Sponge 162.76
Co., Ltd.
Foshan Ruixin Non Woven Co., Foshan Ruixin Non Woven 162.76
Ltd. Co., Ltd.
Foshan Suilong Furniture Co. Foshan Suilong 162.76
Ltd. Furniture Co. Ltd.
Foshan Ziranbao Furniture Co., Foshan Ziranbao 162.76
Ltd. Furniture Co., Ltd.
Guangdong Diglant Furniture Guangdong Diglant 162.76
Industrial Co., Ltd. Furniture Industrial
Co., Ltd.
Healthcare Sleep Products Healthcare Co., Ltd.... 162.76
Limited.
Hong Kong Gesin Technology Inno Sports Co., Ltd... 162.76
Limited.
lnno Sports Co., Ltd........... lnno Sports Co., Ltd... 162.76
Jiangsu Wellcare Household Jiangsu Wellcare 162.76
Articles Co., Ltd. Household Articles
Co., Ltd.
Jiashan Nova Co., Ltd.......... Jiashan Nova Co., Ltd.. 162.76
Jiaxing Taien Springs Co., Ltd. Jiaxing Taien Springs 162.76
Co., Ltd.
[[Page 56764]]
Jiaxing Visco Foam Co., Ltd.... Jiaxing Visco Foam Co., 162.76
Ltd.
Jinlongheng Furniture Co., Ltd. Jinlongheng Furniture 162.76
Co., Ltd.
Luen Tai Group (China) Limited. Shenzhen L&T Industrial 162.76
Co., Ltd.
Luen Tai Global Limited........ Shenzhen L&T Industrial 162.76
Co., Ltd.
Man Wah Furniture Manufacturing Man Wah Household 162.76
(Hui Zhou) Co., Ltd., Man Wah Industry (Huizhou)
(MACAO Commercial Offshore), Co., Ltd.
Ltd. and Man Wah (USA), Inc.
Ningbo Megafeat Bedding Co., Ningbo Megafeat Bedding 162.76
Ltd. Co., Ltd.
Ningbo Shuibishen Home Textile Ningbo Shuibishen Home 162.76
Technology Co., Ltd. Textile Technology
Co., Ltd.
Nisco Co., Ltd................. Healthcare Co., Ltd.... 162.76
Quanzhou Hengang Imp. & Exp. Quanzhou Hengang 162.76
Co., Ltd. Industries Co., Ltd.
Shanghai Glory Home Furnishings Shanghai Glory Home 162.76
Co., Ltd. Furnishings Co., Ltd.
Sinomax Macao Commercial Dongguan Sinohome 162.76
Offshore Limited. Limited.
Sinomax Macao Commercial Sinomax (Zhejiang) 162.76
Offshore Limited. Polyurethane
Technology Ltd.
Wings Developing Co., Limited.. Quanzhou Hengang 162.76
Industries Co., Ltd.
Xianghe Kaneman Furniture Co., Xianghe Kaneman 162.76
Ltd. Furniture Co., Ltd.
Xilinmen Furniture Co., Ltd.... Xilinmen Furniture Co., 162.76
Ltd.
Zhejiang Glory Home Furnishings Zhejiang Glory Home 162.76
Co., Ltd. Furnishings Co., Ltd.
China-wide entity.............. ....................... 1,731.75
------------------------------------------------------------------------
Disclosure
We intend to disclose, to interested parties under Administrative
Protective Order (APO), the calculations performed in connection with
this final determination within five days of any public announcement
or, if there is no public announcement, within five days of the date of
publication of the notice of final determination in the Federal
Register, in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
As noted above, Commerce continues to find that critical
circumstances exist with respect to imports of subject merchandise from
the separate rate companies and the China-wide entity, but do not exist
for Healthcare and Zinus. In accordance with section 733(e)(2)(A) of
the Act, the suspension of liquidation shall apply to unliquidated
entries of shipments of mattresses from China as described in Appendix
I of this notice, from the separate rate companies and the China-wide
entity that were entered, or withdrawn from warehouse, for consumption
on or after March 6, 2019, which is 90 days before the publication of
the Preliminary Determination. Because we continue to find that
critical circumstances do not exist with regard to Healthcare and
Zinus, in accordance with section 735(c)(1)(B) of the Act, Commerce
will instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all Healthcare and Zinus entries of mattresses
from China as described in Appendix I of this notice, which were
entered, or withdrawn from warehouse, for consumption on or after June
4, 2019, the date of publication of the Preliminary Determination.
Further, pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), we will instruct CBP to require a cash deposit for
estimated antidumping duties for such entries as follows: (1) For the
exporter/producer combinations listed in the table above, the cash
deposit rate is equal to the estimated weighted-average dumping margin
listed for that combination in the table; (2) for all combinations of
exporters/producers of subject merchandise not listed in the table
above, the cash deposit rate is equal to the estimated weighted-average
dumping margin listed in the table for the China-wide entity; and (3)
for all non-Chinese exporters of subject merchandise not listed in the
table above, the cash deposit rate is equal to the cash deposit rate
applicable to the exporter/producer of subject merchandise combination
(or the China-wide entity) that supplied that non-Chinese exporter.
These suspension of liquidation instructions will remain in effect
until further notice.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (ITC) of the final affirmative
determination of sales at LTFV. Because the final determination is
affirmative, in accordance with section 735(b)(2) of the Act, the ITC
will make its final determination as to whether the domestic industry
in the United States is materially injured, or threatened with material
injury, by reason of imports or sales (or the likelihood of sales) for
importation of subject mattresses, no later than 45 days after this
final determination. If the ITC determines that such injury does not
exist, this proceeding will be terminated, and all cash deposited for
antidumping duties will be refunded. If the ITC determines that such
injury does exist, Commerce will issue an antidumping duty order
directing CBP to assess, upon further instruction by Commerce,
antidumping duties on all imports of the subject merchandise entered,
or withdrawn from warehouse, for consumption on or after the effective
date of the suspension of liquidation, as discussed above in the
``Continuation of Suspension of Liquidation'' section.
Administrative Protective Orders
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to the
parties subject to Administrative Protective Order (APO) of their
responsibility concerning the disposition of propriety information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely
written notification of the return or destruction of APO materials or,
alternatively, conversion to judicial protective order, is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation that is subject to sanction.
[[Page 56765]]
Notification to Interested Parties
This determination is issued and published pursuant to sections
735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).
Dated: October 17, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The products covered by this investigation are 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.
Also excluded is certain multifunctional furniture that is
convertible from seating to sleeping, regardless of filler material
or components, where that filler material or components are
integrated into the design and construction of, and inseparable
from, the furniture framing. Such furniture may, and without
limitation, be commonly referred to as ``convertible sofas,'' ``sofa
beds,'' ``sofa chaise sleepers,'' ``futons,'' ``ottoman sleepers''
or a like description.
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.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Changes From the Preliminary Determination
VI. Analysis of Comments
Comment 1: Whether Commerce Should Adjust the Critical
Circumstances Analysis
Comment 2: Whether to Allow the Inclusion of Cash Deposits for
the 90-Day Retroactive Period
Comment 3: Whether Commerce Should Take into Consideration the
Claimed Impact of Section 301 Tariffs on the Critical Circumstances
Surge Analysis
Comment 4: Whether the China-wide Entity Rate is Corroborated
and Reasonable
Comment 5: Whether Commerce Should Rely on Malaysia or Mexico as
the Surrogate Country
Comment 6: Whether Commerce Should Remove Luxury Sleep's
Distribution Costs from the Financial Ratio Calculation
Comment 7: Whether Commerce Should Average the Luxury Sleep and
Aerofoam Financial Statements
Comment 8: Whether Commerce Should Apply AFA to Healthcare
Comment 9: Whether Commerce Should Allow an Adjustment for
Healthcare's Freight Revenue
Comment 10: Whether Commerce Should Recalculate Healthcare's
Indirect Selling Expense Ratio
Comment 11: Surrogate Values for Certain Zinus Inputs
Comment 12: Zinus' Per-Unit Calculation of Water
Comment 13: Zinus' Direct Expenses Calculation
Comment 14: Zinus' Cash Deposit Instructions
VII. Recommendation
[FR Doc. 2019-23107 Filed 10-22-19; 8:45 am]
BILLING CODE 3510-DS-P
