Mattresses From the People's Republic of China: Antidumping Duty Order, 68395-68398 [2019-27166]

Download as PDF Federal Register / Vol. 84, No. 241 / Monday, December 16, 2019 / Notices The Trade Mission is open to U.S. companies already doing business in the region that are seeking to expand their market share and to those U.S. companies new to the region. Fees and Expenses After a company has been selected to participate on the mission, a payment to the Department of Commerce in the form of a participation fee is required. For business-to-business meetings in one market, the participation fee will be $2,300 for a small or medium-sized enterprise (SME)* and $3,500 for a large firm. For business-to-business meetings in two markets, the participation fee will be $3,300 for a small or medium-sized enterprise (SME) * and $4,500 for a large firm. The mission participation fee includes a brief market assessment for the countries that were selected in the registration process, market briefings, networking receptions, lunch and coffee breaks during the conference, interpretation and transportation associated with the business-to-business meetings in the region, and U.S. Embassy officer consultations. The Trade Americas—Business Opportunities in the Caribbean Region Conference registration fee is $650 for one participant from each firm. There will be a $300 fee for each additional firm representative (large firm or SME) that wishes to participate in business-to-business meetings. lotter on DSKBCFDHB2PROD with NOTICES Timeframe for Recruitment and Application 20:20 Dec 13, 2019 Jkt 250001 U.S. Trade Americas Team Contact Information: Delia Valdivia, Senior International Trade Specialist, U.S. Commercial Service—Los Angeles (West), CA, delia.valdivia@trade.gov, Tel: 310– 597–8218 Diego Gattesco, Director, U.S. Commercial Service—Wheeling, WV, Diego.Gattesco@trade.gov, Tel: 304– 243–5493 Caribbean Region Contact Information: Bryan Larson, Regional Senior Commercial Officer, U.S. Commercial Service—U.S. Embassy Santo Domingo, Dominican Republic, Bryan.Larson@trade.gov Sheila Diaz, Senior Commercial Specialist, U.S. Commercial Service— U.S. Embassy Santo Domingo, Dominican Republic, Sheila.Diaz@ trade.gov Tiara Hampton-Diggs, Program Specialist, Trade Promotion Programs. [FR Doc. 2019–27013 Filed 12–13–19; 8:45 am] BILLING CODE 3510–DR–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–092] Mattresses From the People’s Republic of China: Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based on the affirmative final determination by the Department of Commerce (Commerce) and the International Trade Commission (ITC), Commerce is issuing the antidumping duty (AD) order on mattresses from the People’s Republic of China (China). DATES: Applicable December 16, 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 and (202) 482–3518, respectively. AGENCY: Mission recruitment will be conducted in an open and public manner, including publication in the Federal Register, posting on the Commerce Department trade mission calendar on www.export.gov, the Trade Americas web page at http://export.gov/ tradeamericas/index.asp, and other internet websites, press releases to the general and trade media, direct mail and broadcast fax, notices by industry trade associations and other multiplier groups and announcements at industry meetings, symposia, conferences, and trade shows. Recruitment for the mission will begin immediately and conclude no later than Friday, April 17, 2020. The U.S. Department of Commerce will review applications and make selection decisions on a rolling basis until the maximum of 30 participants are selected. After April 17, 2020, companies will be considered only if space and scheduling constraints permit. VerDate Sep<11>2014 Contacts SUPPLEMENTARY INFORMATION: Background In accordance with sections 735(d) and 777(i) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.210(c), on October 23, 2019, PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 68395 Commerce published its affirmative final determination of sales at less-thanfair-value (LTFV) of mattresses from China.1 On December 9, 2019, the ITC notified Commerce of its final affirmative determination that an industry in the United States is materially injured by reason of LTFV imports of mattresses from China, within the meaning of section 735(b)(1)(A)(i) of the Act.2 Scope of the Order The product covered by this order is mattresses from China. For a complete description of the scope of the orders, see the Appendix to this notice. Order In accordance with section 735(d) of the Act, the ITC notified Commerce of its final determination that an industry in the United States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act by reason of imports of mattresses from China that are sold in the United States at LTFV.3 The ITC also made a determination that critical circumstances do not exist with respect to imports of mattresses from China subject to Commerce’s critical circumstances finding.4 Therefore, in accordance with section 735(c)(2) of the Act, we are issuing this order. Because the ITC determined that imports of mattresses from China are materially injuring a U.S. industry, unliquidated entries of such merchandise from China entered, or withdrawn from warehouse, for consumption are subject to the assessment of antidumping duties. As a result of the ITC’s final determination, in accordance with section 736(a)(1) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by Commerce, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price, or constructed export price, of the subject merchandise for all relevant entries of mattresses from China. Antidumping duties will be assessed on unliquidated entries of mattresses from China entered, or withdrawn from warehouse, for consumption on or after June 4, 2019, 1 See 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, 84 FR 56761 (October 23, 2019) (Final Determination). 2 See ITC Notification Letter regarding ITC Investigation No. 731–TA–1424 (December 9, 2019) (ITC Notification). 3 Id. 4 See Mattresses From China, 84 FR 67958 (December 12, 2019) (ITC Mattress Final) and Mattresses From China Investigation No. 731–TA– 1424 (FINAL), Publication 5000, December 2019. E:\FR\FM\16DEN1.SGM 16DEN1 68396 Federal Register / Vol. 84, No. 241 / Monday, December 16, 2019 / Notices the date of publication of the Preliminary Determination, but antidumping duties will not be assessed on entries of subject merchandise after the expiration of the provisional measures period and before publication in the Federal Register of the ITC’s final injury determination, as further described below.5 Continuation of Suspension of Liquidation Except as noted in the ‘‘Provisional Measures’’ section of this notice below, in accordance with section 735(c)(1)(B) of the Act, Commerce intends to instruct CBP to continue to suspend liquidation on all relevant entries of mattresses from China. These instructions suspending liquidation will remain in effect until further notice. Commerce also intends to instruct CBP to require cash deposits equal to the estimated weighted-average dumping margins indicated in the table below. Given that the provisional measures period has expired, as explained below, effective on the date of publication in the Federal Register of the notice of the ITC’s final affirmative injury determination, CBP will require, at the same time as importers would normally deposit estimated duties on subject merchandise, a cash deposit equal to the estimated weighted-average dumping margins listed in the table below.6 The China-wide entity rate applies to all exporter-producer combinations not specifically listed. Provisional Measures Section 733(d) of the Act states that suspension of liquidation pursuant to an affirmative preliminary determination may not remain in effect for more than four months, except where exporters representing a significant proportion of exports of the subject merchandise request that Commerce extend the fourmonth period to no more than six months. At the request of exporters that account for a significant proportion of mattresses from China, Commerce extended the four-month period to six months in this proceeding.7 In the underlying investigation, Commerce published the Preliminary Determination on June 4, 2019. Hence, the extended provisional measures period, beginning on the date of publication of the Preliminary Determination, ended on November 30, 2019. Therefore, in accordance with section 733(d) of the Act and our practice, Commerce intends to instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, unliquidated entries of mattresses from China, Critical Circumstances With regard to the ITC’s negative critical circumstances determination on imports of mattresses from China, Commerce intends to instruct CBP to lift suspension and to refund any cash deposits made to secure the payment of estimated antidumping duties with respect to entries of subject merchandise entered, or withdrawn from warehouse, for consumption on or after March 6, 2019 (i.e., 90 days prior to the date of publication of the Preliminary Determination), but before June 4, 2019, (i.e., the date of publication of the Preliminary Determination). Estimated Weighted-Average Dumping Margins The estimated weighted-average dumping margin percentages are as follows: Estimated weightedaverage dumping margin (percent) Exporter Producer Healthcare Co., Ltd ..................................................................... Zinus Inc./Zinus Xiamen Inc./Zinus Zhangzhou Inc9 .................. 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 ............................................................... Dockter China Limited ................................................................ Dockter China Limited ................................................................ lotter on DSKBCFDHB2PROD with NOTICES entered, or withdrawn from warehouse, for consumption after November 30, 2019, the final day on which the provisional measures were in effect, through the day preceding the date of publication of the ITC’s final affirmative injury determination in the Federal Register.8 Suspension of liquidation and the collection of cash deposits will resume on the date of publication of the ITC’s final determination in the Federal Register. 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 ................................................................ 5 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). VerDate Sep<11>2014 19:21 Dec 13, 2019 Jkt 250001 6 See section 736(a)(3) of the Act. Determination, 84 FR at 25735. 8 See ITC Mattress Final. 9 See Memorandum, ‘‘Antidumping Duty Investigation of Mattresses from the People’s 7 Preliminary PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 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 Republic of China: Final Determination of Affiliation/Single Entity Treatment of Zinus Xiamen Inc., Zinus Zhangzhou Inc., and Zinus Inc.,’’ dated October 17, 2019. E:\FR\FM\16DEN1.SGM 16DEN1 Federal Register / Vol. 84, No. 241 / Monday, December 16, 2019 / Notices Estimated weightedaverage dumping margin (percent) Exporter Producer Jiaxing Taien Springs Co., Ltd ................................................... 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 Taien Springs Co., Ltd .................................................. 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 .................... 162.76 162.76 162.76 162.76 162.76 162.76 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 Notifications to Interested Parties This notice constitutes the antidumping duty order with respect to mattresses from China pursuant to sections 736(a) of the Act. Interested parties can find a list of orders currently in effect at http://enforcement.trade.gov/ stats/iastats1.html. This order is published in accordance with section 736(a) of the Act and 19 CFR 351.211(b). Dated: December 12, 2019. Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance. Appendix lotter on DSKBCFDHB2PROD with NOTICES 68397 Scope of the Order The products covered by this order 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 order 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 VerDate Sep<11>2014 20:20 Dec 13, 2019 Jkt 250001 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 order 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, daybed 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. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 Excluded from the scope of this order 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 order 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 order 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 order are currently properly classifiable under Harmonized Tariff Schedule for the United States (HTSUS) subheadings: 9404.21.0010, E:\FR\FM\16DEN1.SGM 16DEN1 68398 Federal Register / Vol. 84, No. 241 / Monday, December 16, 2019 / Notices 9404.21.0013, 9404.29.1005, 9404.29.1013, 9404.29.9085, and 9404.29.9087. Products subject to this order 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. [FR Doc. 2019–27166 Filed 12–13–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–549–817] Certain Hot-Rolled Carbon Steel Flat Products From Thailand: Preliminary Determination of No Shipments; 2017– 2018 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that there were no shipments of subject merchandise during the period of review (POR) November 1, 2017 through October 31, 2018. We invite interested parties to comment on these preliminary results. DATES: Applicable December 16, 2019. FOR FURTHER INFORMATION CONTACT: Chelsey Simonovich, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1979. SUPPLEMENTARY INFORMATION: AGENCY: Background lotter on DSKBCFDHB2PROD with NOTICES On November 1, 2018, Commerce published in the Federal Register a notice of opportunity to request an administrative review of the order on certain hot-rolled carbon steel flat products (hot-rolled steel) from Thailand for the POR.1 On November 30, 2018, Commerce received a request for administrative review covering imports of hot-rolled steel from Thailand, which was filed in proper form by Steel Dynamics and SSAB Enterprises (collectively, the petitioners).2 Commerce published the 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 83 FR 54912 (November 1, 2018). 2 See Petitioners’ Letter, ‘‘Certain Hot-Rolled Carbon Steel Flat Products from Thailand: Request for Administrative Review,’’ dated November 30, 2018. VerDate Sep<11>2014 19:21 Dec 13, 2019 Jkt 250001 notice of initiation of this administrative review on February 6, 2019, covering the two companies for which we received a request for review.3 On February 27, 2019, Commerce received a notification of no shipments from Sahaviriya Steel Industries Public Co., Ltd. (Sahaviriya) and G Steel Public Company Ltd. (G Steel).4 On March 5, 2019, Commerce published a memorandum informing interested parties that we had made an inquiry to U.S. Customs and Border Protection (CBP) with regard to entries of subject merchandise for the purposes of potential respondent selection. The results indicated that there were no shipments of subject merchandise from Thailand as country of origin or country of export by G Steel or Sahaviriya into the United States during the POR.5 On March 20, 2019, Commerce made inquiries to CBP informing CBP that Commerce’s records indicated no shipments from G Steel and Sahaviriya and requested that any CBP import officers aware of entries inform Commerce within ten days.6 We received no notifications from CBP. Commerce exercised its discretion to toll all deadlines affected by the partial federal government closure from December 22, 2018 through the resumption of operations on January 28, 2019.7 On September 10, 2019, Commerce further extended the time limit for completion of the preliminary results of the review to no later than December 10, 2019.8 This preliminary 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 84 FR 2160 (February 6, 2019). 4 See Sahaviriya and G Steel’s Letter, ‘‘Certain Hot-Rolled Carbon Steel Flat Products from Thailand: Notice of No Shipments for Sahaviriya Steel Industries and G Steel Public Company (11// 01/17–10/31/18),’’ dated February 27, 2019. 5 See Memorandum, ‘‘Certain Hot-Rolled Carbon Steel Flat Products from Thailand: Placement on the Record of Results of Inquiry to U.S. Customs and Border Protection for 2017–2018 Period of Review,’’ dated March 5, 2019 (CBP Memo). 6 See CBP Message 9079310, ‘‘No shipments inquiry for certain hot-rolled carbon steel flat products from Thailand produced and/or exported by G Steel Public Company Ltd. (A–549–817),’’ and CBP Message 9079311, ‘‘No shipments inquiry for certain hot-rolled carbon steel flat products from Thailand produced and/or exported by Sahaviriya Steel Industries Public Co., Ltd. (A–549–817),’’ both dated March 20, 2019 (CBP Message 9079311 and CBP Message 9079311, respectively). 7 See Memorandum, ‘‘Deadlines Affected by the Partial Shutdown of the Federal Government,’’ dated January 28, 2019. All deadlines in this segment of the proceeding have been extended by 40 days. If the new deadline falls on a non-business day, in accordance with Commerce’s practice, the deadline will become the next business day. 8 See Memorandum, ‘‘Certain Hot-Rolled Carbon Steel Flat Products from Thailand: Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review,’’ dated September 10, 2019. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 determination is made in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). Scope of the Order The product covered by the order is hot-rolled steel from Thailand. For a complete description of the scope of the order, see the appendix to this notice. Preliminary Determination of No Shipments Based on record evidence, we preliminarily determine that G Steel and Sahaviriya had no shipments of subject merchandise during the POR. With respect to G Steel and Sahaviriya, CBP stated that it did not find any shipments of subject merchandise from these two companies during the POR.9 Consistent with our practice, we find that it is not appropriate to rescind the review with respect to G Steel and Sahaviriya, but rather to complete the review and issue appropriate instructions to CBP based on the final results of this review.10 Public Comment Interested parties may submit case briefs to Commerce no later than 30 days after the date of publication of this notice.11 Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.12 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. All submissions to Commerce must be filed electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS) and must also be served on interested parties.13 ACCESS is available to registered users at http:// access.trade.gov and is available to all parties in the Central Records Unit, Room B8024 of the main Commerce building. An electronically filed document must be received successfully 9 See CBP Memo; see also CBP Message 9079310; and CBP Message 9079311. 10 See, e.g., Magnesium Metal from the Russian Federation: Preliminary Results of Antidumping Duty Administrative Review, 75 FR 26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the Russian Federation: Final Results of Antidumping Duty Administrative Review, 75 FR 56989 (September 17, 2010). 11 See 19 CFR 351.309(c)(1)(ii). 12 See 19 CFR 351.309(d). 13 See 19 CFR 351.303(f). E:\FR\FM\16DEN1.SGM 16DEN1

Agencies

[Federal Register Volume 84, Number 241 (Monday, December 16, 2019)]
[Notices]
[Pages 68395-68398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27166]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-092]


Mattresses From the People's Republic of China: Antidumping Duty 
Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: Based on the affirmative final determination by the Department 
of Commerce (Commerce) and the International Trade Commission (ITC), 
Commerce is issuing the antidumping duty (AD) order on mattresses from 
the People's Republic of China (China).

DATES: Applicable December 16, 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 and (202) 
482-3518, respectively.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 735(d) and 777(i) of the Tariff Act of 
1930, as amended (the Act) and 19 CFR 351.210(c), on October 23, 2019, 
Commerce published its affirmative final determination of sales at 
less-than-fair-value (LTFV) of mattresses from China.\1\ On December 9, 
2019, the ITC notified Commerce of its final affirmative determination 
that an industry in the United States is materially injured by reason 
of LTFV imports of mattresses from China, within the meaning of section 
735(b)(1)(A)(i) of the Act.\2\
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    \1\ See 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, 
84 FR 56761 (October 23, 2019) (Final Determination).
    \2\ See ITC Notification Letter regarding ITC Investigation No. 
731-TA-1424 (December 9, 2019) (ITC Notification).
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Scope of the Order

    The product covered by this order is mattresses from China. For a 
complete description of the scope of the orders, see the Appendix to 
this notice.

Order

    In accordance with section 735(d) of the Act, the ITC notified 
Commerce of its final determination that an industry in the United 
States is materially injured within the meaning of section 
735(b)(1)(A)(i) of the Act by reason of imports of mattresses from 
China that are sold in the United States at LTFV.\3\ The ITC also made 
a determination that critical circumstances do not exist with respect 
to imports of mattresses from China subject to Commerce's critical 
circumstances finding.\4\ Therefore, in accordance with section 
735(c)(2) of the Act, we are issuing this order. Because the ITC 
determined that imports of mattresses from China are materially 
injuring a U.S. industry, unliquidated entries of such merchandise from 
China entered, or withdrawn from warehouse, for consumption are subject 
to the assessment of antidumping duties.
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    \3\ Id.
    \4\ See Mattresses From China, 84 FR 67958 (December 12, 2019) 
(ITC Mattress Final) and Mattresses From China Investigation No. 
731-TA-1424 (FINAL), Publication 5000, December 2019.
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    As a result of the ITC's final determination, in accordance with 
section 736(a)(1) of the Act, Commerce will direct U.S. Customs and 
Border Protection (CBP) to assess, upon further instruction by 
Commerce, antidumping duties equal to the amount by which the normal 
value of the merchandise exceeds the export price, or constructed 
export price, of the subject merchandise for all relevant entries of 
mattresses from China. Antidumping duties will be assessed on 
unliquidated entries of mattresses from China entered, or withdrawn 
from warehouse, for consumption on or after June 4, 2019,

[[Page 68396]]

the date of publication of the Preliminary Determination, but 
antidumping duties will not be assessed on entries of subject 
merchandise after the expiration of the provisional measures period and 
before publication in the Federal Register of the ITC's final injury 
determination, as further described below.\5\
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    \5\ 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).
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Continuation of Suspension of Liquidation

    Except as noted in the ``Provisional Measures'' section of this 
notice below, in accordance with section 735(c)(1)(B) of the Act, 
Commerce intends to instruct CBP to continue to suspend liquidation on 
all relevant entries of mattresses from China. These instructions 
suspending liquidation will remain in effect until further notice.
    Commerce also intends to instruct CBP to require cash deposits 
equal to the estimated weighted-average dumping margins indicated in 
the table below. Given that the provisional measures period has 
expired, as explained below, effective on the date of publication in 
the Federal Register of the notice of the ITC's final affirmative 
injury determination, CBP will require, at the same time as importers 
would normally deposit estimated duties on subject merchandise, a cash 
deposit equal to the estimated weighted-average dumping margins listed 
in the table below.\6\ The China-wide entity rate applies to all 
exporter-producer combinations not specifically listed.
---------------------------------------------------------------------------

    \6\ See section 736(a)(3) of the Act.
---------------------------------------------------------------------------

Provisional Measures

    Section 733(d) of the Act states that suspension of liquidation 
pursuant to an affirmative preliminary determination may not remain in 
effect for more than four months, except where exporters representing a 
significant proportion of exports of the subject merchandise request 
that Commerce extend the four-month period to no more than six months. 
At the request of exporters that account for a significant proportion 
of mattresses from China, Commerce extended the four-month period to 
six months in this proceeding.\7\ In the underlying investigation, 
Commerce published the Preliminary Determination on June 4, 2019. 
Hence, the extended provisional measures period, beginning on the date 
of publication of the Preliminary Determination, ended on November 30, 
2019.
---------------------------------------------------------------------------

    \7\ Preliminary Determination, 84 FR at 25735.
---------------------------------------------------------------------------

    Therefore, in accordance with section 733(d) of the Act and our 
practice, Commerce intends to instruct CBP to terminate the suspension 
of liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of mattresses from China, entered, or withdrawn 
from warehouse, for consumption after November 30, 2019, the final day 
on which the provisional measures were in effect, through the day 
preceding the date of publication of the ITC's final affirmative injury 
determination in the Federal Register.\8\ Suspension of liquidation and 
the collection of cash deposits will resume on the date of publication 
of the ITC's final determination in the Federal Register.
---------------------------------------------------------------------------

    \8\ See ITC Mattress Final.
    \9\ 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 October 17, 2019.
---------------------------------------------------------------------------

Critical Circumstances

    With regard to the ITC's negative critical circumstances 
determination on imports of mattresses from China, Commerce intends to 
instruct CBP to lift suspension and to refund any cash deposits made to 
secure the payment of estimated antidumping duties with respect to 
entries of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after March 6, 2019 (i.e., 90 days prior to the 
date of publication of the Preliminary Determination), but before June 
4, 2019, (i.e., the date of publication of the Preliminary 
Determination).

Estimated Weighted-Average Dumping Margins

    The estimated weighted-average dumping margin percentages 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\9\.          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

[[Page 68397]]

 
Jiaxing Taien Springs Co., Ltd.  Jiaxing Taien Springs            162.76
                                  Co., Ltd.
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
------------------------------------------------------------------------

Notifications to Interested Parties

    This notice constitutes the antidumping duty order with respect to 
mattresses from China pursuant to sections 736(a) of the Act. 
Interested parties can find a list of orders currently in effect at 
http://enforcement.trade.gov/stats/iastats1.html.
    This order is published in accordance with section 736(a) of the 
Act and 19 CFR 351.211(b).

    Dated: December 12, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Order

    The products covered by this order 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 order 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 order 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 order 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 order 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 order 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 order are currently properly 
classifiable under Harmonized Tariff Schedule for the United States 
(HTSUS) subheadings: 9404.21.0010,

[[Page 68398]]

9404.21.0013, 9404.29.1005, 9404.29.1013, 9404.29.9085, and 
9404.29.9087. Products subject to this order 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.

[FR Doc. 2019-27166 Filed 12-13-19; 8:45 am]
 BILLING CODE 3510-DS-P