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]

Download as PDF 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publication of the notice of final results of this review for all shipments of uncoated paper from Brazil entered, or withdrawn from warehouse, for consumption on or after the date of publication as provided by section 751(a)(2) of the Act: (1) The cash deposit rate for companies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). VerDate Sep<11>2014 18:10 Oct 22, 2019 Jkt 250001 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). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 56761 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). E:\FR\FM\23OCN1.SGM 23OCN1 56762 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 http://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 http://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. VerDate Sep<11>2014 18:10 Oct 22, 2019 Jkt 250001 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. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 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 E:\FR\FM\23OCN1.SGM 23OCN1 Federal Register / Vol. 84, No. 205 / Wednesday, October 23, 2019 / Notices 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. VerDate Sep<11>2014 18:10 Oct 22, 2019 Jkt 250001 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) PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 56763 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 http://enforcement.trade.gov/policy/bull05-1.pdf. 16 See Single Entity Memorandum. E:\FR\FM\23OCN1.SGM 23OCN1 56764 Federal Register / Vol. 84, No. 205 / Wednesday, October 23, 2019 / Notices 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 VerDate Sep<11>2014 18:10 Oct 22, 2019 Jkt 250001 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 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 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 23OCN1 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]


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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 http://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 http://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 http://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