Mattresses From Cambodia, Indonesia, Malaysia, Serbia, Thailand, the Republic of Turkey, and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigations, 23002-23009 [2020-08758]
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Federal Register / Vol. 85, No. 80 / Friday, April 24, 2020 / Notices
available at https://www.gpo.gov/fdsys/
pkg/FR-2013-09-20/html/201322853.htm, prior to submitting
extension requests or factual
information in this investigation.
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.45
Parties must use the certification
formats provided in 19 CFR
351.303(g).46 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305.
Instructions for filing such applications
may be found on the Commerce website
at https://enforcement.trade.gov/apo.
Parties wishing to participate in this
investigation should ensure that they
meet the requirements of 19 CFR
351.103(d) (e.g., by filing a letter of
appearance). Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until May 19, 2020, unless
extended.47
This notice is issued and published
pursuant to sections 702 and 777(i) of
the Act and 19 CFR 351.203(c).
Dated: April 20, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix—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)
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45 See
section 782(b) of the Act.
Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule); see also frequently asked
questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
47 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19, 85 FR
17006 (March 26, 2020).
46 See
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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’’ are
frequently described as ‘‘twin,’’ ‘‘extra-long
twin,’’ ‘‘full,’’ ‘‘queen,’’ ‘‘king,’’ or ‘‘California
king’’ mattresses. ‘‘Youth mattresses’’ are
typically described as ‘‘crib,’’ ‘‘toddler,’’ or
‘‘youth’’ mattresses. All adult and youth
mattresses are included regardless of size or
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 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 upholstered, integrated into
the design and construction of, and
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inseparable from, the furniture framing, and
the outermost layer of the multifunctional
furniture converts into the sleeping surface.
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.
Also excluded from the scope of this
investigation are any products covered by the
existing antidumping duty orders on
uncovered innerspring units from China or
Vietnam. See Uncovered Innerspring Units
from the People’s Republic of China: Notice
of Antidumping Duty Order, 74 FR 7661 (Feb.
19, 2009); Uncovered Innerspring Units From
the Socialist Republic of Vietnam, 73 FR
75391 (Dec. 11, 2008).
Also excluded from the scope of this
investigation are bassinet pads with a
nominal length of less than 39 inches, a
nominal width less than 25 inches, and a
nominal depth of less than 2 inches.
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 nominal height of four inches
or less.
The products subject to this investigation
are currently properly classifiable under
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.
[FR Doc. 2020–08844 Filed 4–23–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–555–001, A–560–836, A–557–818, A–801–
002, A–549–841, A–489–841, A–552–827]
Mattresses From Cambodia, Indonesia,
Malaysia, Serbia, Thailand, the
Republic of Turkey, and the Socialist
Republic of Vietnam: Initiation of LessThan-Fair-Value Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable April 20, 2020.
FOR FURTHER INFORMATION CONTACT: John
McGowan at (202) 482–3019
(Cambodia); Brian Smith at (202) 482–
1766 (Indonesia); Joshua Simonidis at
(202) 482–0608 (Malaysia); Joshua A.
DeMoss at (202) 482–3362 (Serbia);
Paola Aleman Ordaz at (202) 482–4031
(Thailand); Jacob Keller at (202) 482–
4849 (Turkey); and Dakota Potts at (202)
AGENCY:
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Federal Register / Vol. 85, No. 80 / Friday, April 24, 2020 / Notices
482–0223 (Vietnam); AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
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The Petitions
On March 31, 2020, the U.S.
Department of Commerce (Commerce)
received antidumping duty (AD)
petitions concerning imports of
mattresses from Cambodia, Indonesia,
Malaysia, Serbia, Thailand, the Republic
of Turkey (Turkey), and the Socialist
Republic of Vietnam (Vietnam) filed in
proper form on behalf of the
petitioners,1 domestic producers of
mattresses and certified unions that
represent workers engaged in the
domestic production of mattresses.2 The
Petitions were accompanied by a
countervailing duty (CVD) petition
concerning imports of mattresses from
the People’s Republic of China (China).3
Between April 3 and 14, 2020,
Commerce requested supplemental
information pertaining to certain aspects
of the Petitions in separate
supplemental questionnaires.4 The
petitioners filed responses to the
supplemental questionnaires between
April 8 and April 16, 2020.5
1 Brooklyn Bedding, Corsicana Mattress
Company, Elite Comfort Solutions, FXI, Inc.,
Innocor, Inc., Kolcraft Enterprises, Inc., Leggett &
Platt, Incorporated, the International Brotherhood of
Teamsters, and United Steel, Paper and Forestry,
Rubber, Manufacturing, Energy, Allied Industrial
and Service Workers International Union, AFL–CIO
(USW) (collectively, the petitioners).
2 See Petitioners’ Letter, ‘‘Mattresses from
Cambodia, China, Indonesia, Malaysia, Serbia,
Thailand, Turkey, and Vietnam—Antidumping and
Countervailing Duty Petitions,’’ dated March 31,
2020 (the Petitions).
3 Id.
4 See Commerce’s Letters, ‘‘Petition for the
Imposition of Antidumping Duties on Imports of
Mattresses from Cambodia, Indonesia, Malaysia,
Serbia, Thailand, Turkey, and Vietnam and
Countervailing Duties on Imports from China:
Supplemental Questions,’’ dated April 3, 2020
(General Issues Supplemental); and country-specific
supplemental questionnaires: Cambodia
Supplemental, Indonesia Supplemental, Malaysia
Supplemental, Serbia Supplemental, Thailand
Supplemental, Turkey Supplemental, and Vietnam
Supplemental, dated April 3, 2020; see also
country-specific and general issues memoranda
regarding telephone conversation with counsel for
the petitioners, dated April 10 and April 14, 2020.
5 See Petitioners’ First Country-Specific
Supplemental Responses, dated April 8, 2020; see
also Petitioners’ Letter, ‘‘Mattresses from Cambodia,
China, Indonesia, Malaysia, Serbia, Thailand,
Turkey, and Vietnam: Responses to Petition
Supplemental Questionnaires,’’ dated April 8, 2020
(General Issues Supplement); Second CountrySpecific Supplemental Responses, dated April 13,
2020; and Petitioners’ Letter, ‘‘Mattresses from
Cambodia, China, Indonesia, Malaysia, Serbia,
Thailand, Turkey, and Vietnam—Responses to
Petition Second Supplemental Questionnaires,’’
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In accordance with section 732(b) of
the Tariff Act of 1930, as amended (the
Act), the petitioners allege that imports
of mattresses from Cambodia, Indonesia,
Malaysia, Serbia, Thailand, Turkey, and
Vietnam are being, or are likely to be,
sold in the United States at less than fair
value (LTFV) within the meaning of
section 731 of the Act, and that imports
of such products are materially injuring,
or threatening material injury to, the
domestic mattress industry in the
United States. Consistent with section
732(b)(1) of the Act, the Petitions are
accompanied by information reasonably
available to the petitioners supporting
their allegations.
Commerce finds that the petitioners
filed the Petitions on behalf of the
domestic industry, because the
petitioners are interested parties, as
defined in sections 771(9)(C) and (D) of
the Act. Commerce also finds that the
petitioners demonstrated sufficient
industry support for the initiation of the
requested AD investigations.6
Period of Investigations
Because the Petitions were filed on
March 31, 2020, the period of
investigation (POI) for the Cambodia,
Indonesia, Malaysia, Serbia, Thailand,
and Turkey AD investigations is January
1, 2019 through December 31, 2019,
pursuant to 19 CFR 351.204(b)(1).7
Because Vietnam is a non-market
economy (NME) country, pursuant to 19
CFR 351.204(b)(1), the POI for the
Vietnam AD investigation is July 1, 2019
through December 31, 2019.8
Scope of the Investigations
The products covered by these
investigations are mattresses from
Cambodia, Indonesia, Malaysia, Serbia,
Thailand, Turkey, and Vietnam. For a
full description of the scope of these
investigations, see the appendix to this
notice.
Comments on the Scope of the
Investigations
On April 3, 2020, Commerce
requested further information from the
petitioners regarding the proposed
scope to ensure that the scope language
in the Petition is an accurate reflection
of the products for which the domestic
dated April 13, 2020 (Second General Issues
Supplement); and Petitioners’ Letter, ‘‘Mattresses
from Cambodia, China, Indonesia, Malaysia, Serbia,
Thailand, Turkey, and Vietnam: Mattress
Petitioners’ Response to Request for Additional
Information Regarding Industry Support,’’ dated
April 16, 2020 (Industry Support Supplement).
6 See infra, section on ‘‘Determination of Industry
Support for the Petitions.’’
7 See 19 CFR 351.204(b)(1).
8 Id.
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23003
industry is seeking relief.9 On April 8,
2020, the petitioners revised the
scope.10 On April 10, 2020, Commerce
requested further clarification from the
petitioners regarding the proposed
scope.11 On April 13, 2020, the
petitioners further modified the scope of
the Petition to clarify the description of
the merchandise covered by the
Petition.12 The description of the
merchandise covered by these
investigations, as described in the
appendix to this notice, reflects these
clarifications.
As discussed in the Preamble to
Commerce’s regulations, we are setting
aside a period for interested parties to
raise issues regarding product coverage
(i.e., scope).13 Commerce will consider
all comments received from interested
parties and, if necessary, will consult
with interested parties prior to the
issuance of the preliminary
determinations. If scope comments
include factual information,14 all such
factual information should be limited to
public information. To facilitate
preparation of its questionnaires,
Commerce requests that all interested
parties submit such comments by 5:00
p.m. Eastern Time (ET) on May 11,
2020, which is the next business day
after 20 calendar days from the
signature date of this notice.15 Any
rebuttal comments, which may include
factual information, must be filed by
5:00 p.m. ET on May 21, 2020, which
is ten calendar days from the initial
comment deadline.16
Commerce requests that any factual
information parties consider relevant to
the scope of the investigations be
submitted during this period. However,
if a party subsequently finds that
additional factual information
pertaining to the scope of the
investigations may be relevant, the party
may contact Commerce and request
permission to submit the additional
information. All such submissions must
9 See
General Issues Questionnaire.
First General Issues Supplement at Exhibit
I-Supp–5.
11 See Memorandum of Telephone Conversation.
12 See Second General Issues Supplement at
Exhibit I-Supp2–1.
13 See Antidumping Duties; Countervailing
Duties, Final Rule, 62 FR 27296, 27323 (May 19,
1997) (Preamble).
14 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
15 Commerce practice dictates that where a
deadline falls on a weekend or Federal holiday, the
appropriate deadline is the next business day (in
this instance, May 11, 2020). See Notice of
Clarification: Application of ‘‘Next Business Day’’
Rule for Administrative Determination Deadlines
Pursuant to the Tariff Act of 1930, As Amended, 70
FR 24533 (May 10, 2005) (Next Business Day Rule).
16 See 19 CFR 351.303(b).
10 See
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be filed on the records of the concurrent
AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be
filed electronically via Enforcement and
Compliance’s Antidumping Duty and
Countervailing Duty Centralized
Electronic Service System (ACCESS),
unless an exception applies.17 An
electronically filed document must be
received successfully in its entirety by
the time and date it is due.
Comments on Product Characteristics
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Commerce is providing interested
parties an opportunity to comment on
the appropriate physical characteristics
of mattresses to be reported in response
to Commerce’s AD questionnaires. This
information will be used to identify the
key physical characteristics of the
subject merchandise in order to report
the relevant costs of production
accurately, as well as to develop
appropriate product-comparison
criteria.
Interested parties may provide any
information or comments that they feel
are relevant to the development of an
accurate list of physical characteristics.
Specifically, they may provide
comments as to which characteristics
are appropriate to use as: (1) General
product characteristics; and (2) product
comparison criteria. We note that it is
not always appropriate to use all
product characteristics as product
comparison criteria. We base product
comparison criteria on meaningful
commercial differences among products.
In other words, although there may be
some physical product characteristics
utilized by manufacturers to describe
mattresses, it may be that only a select
few product characteristics take into
account commercially meaningful
physical characteristics. In addition,
interested parties may comment on the
order in which the physical
characteristics should be used in
matching products. Generally,
Commerce attempts to list the physical
characteristics in order of importance,
from most important to least important.
In order to consider the suggestions of
interested parties in developing and
17 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System
Name, 79 FR 69046 (November 20, 2014) for details
of Commerce’s electronic filing requirements,
effective August 5, 2011. Information on help using
ACCESS can be found at https://access.trade.gov/
help.aspx and a handbook can be found at https://
access.trade.gov/help/Handbook
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issuing the AD questionnaires, all
product characteristics comments must
be filed by 5:00 p.m. ET on May 11,
2020, which is the next business day
after 20 calendar days from the
signature date of this notice.18 Any
rebuttal comments must be filed by 5:00
p.m. ET on May 21, 2020. All comments
and submissions to Commerce must be
filed electronically using ACCESS, as
explained above, on the record of each
of the AD investigations.
Determination of Industry Support for
the Petitions
Section 732(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 732(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) At least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 732(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
Commerce shall: (i) Poll the industry or
rely on other information in order to
determine if there is support for the
petition, as required by subparagraph
(A); or (ii) determine industry support
using a statistically valid sampling
method to poll the ‘‘industry.’’
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
whole of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs Commerce to look to producers
and workers who produce the domestic
like product. The International Trade
Commission (ITC), which is responsible
for determining whether ‘‘the domestic
industry’’ has been injured, must also
determine what constitutes a domestic
like product in order to define the
industry. While both Commerce and the
ITC must apply the same statutory
definition regarding the domestic like
product,19 they do so for different
purposes and pursuant to a separate and
distinct authority. In addition,
Commerce’s determination is subject to
limitations of time and information.
Although this may result in different
18 See 19 CFR 351.303(b). Commerce practice
dictates that where a deadline falls on a weekend
or Federal holiday, the appropriate deadline is the
next business day (in this instance, April 20, 2020).
See Next Business Day Rule, 70 FR at 24533.
19 See section 771(10) of the Act.
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definitions of the like product, such
differences do not render the decision of
either agency contrary to law.20
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
most similar in characteristics and uses
with, the article subject to an
investigation under this title.’’ Thus, the
reference point from which the
domestic like product analysis begins is
‘‘the article subject to an investigation’’
(i.e., the class or kind of merchandise to
be investigated, which normally will be
the scope as defined in the petition).
With regard to the domestic like
product, the petitioners do not offer a
definition of the domestic like product
distinct from the scope of the
investigations.21 Based on our analysis
of the information submitted on the
record, we have determined that
mattresses, as defined in the scope,
constitute a single domestic like
product, and we have analyzed industry
support in terms of that domestic like
product.22
In determining whether the
petitioners have standing under section
732(c)(4)(A) of the Act, we considered
the industry support data contained in
the Petitions with reference to the
domestic like product as defined in the
‘‘Scope of the Investigations,’’ in the
appendix to this notice. To establish
industry support, the petitioners
provided the 2019 production of the
domestic like product for the U.S.
producers that support the Petitions.23
The petitioners estimated the
production of the domestic like product
for the entire domestic industry based
on the production data from the ITC’s
2019 report from the AD investigation of
mattresses from China.24 We relied on
data provided by the petitioners for
20 See USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d 865 F. 2d 240 (Fed. Cir. 1989)).
21 See Volume I of the Petitions at 13–16; see also
First General Issues Supplement, at Exhibit I-Supp–
2.
22 For a discussion of the domestic like product
analysis as applied to these cases and information
regarding industry support, see country-specific AD
Initiation Checklists at Attachment II, Analysis of
Industry Support for the Antidumping and
Countervailing Duty Petitions Covering Mattresses
from Cambodia, China, Indonesia, Malaysia, Serbia,
Thailand, Turkey, and Vietnam (Attachment II).
23 See Volume I of the Petitions at 3–4, Exhibit
I–3, and Exhibit I–4; see also First General Issues
Supplement, at 2 and Exhibit I-Supp–1; and
Industry Support Supplement, at Exhibit 2.
24 See Volume I of the Petitions at 3–4 and Exhibit
I–4; see also First General Issues Supplement at 2,
Exhibit I-Supp–1, and Exhibit I-Supp–2; Mattresses
from China, Inv. No. 731–TA–1424 (Final), USITC
Pub. 5000 (December 2019), at 17–25, II–1 to II–28;
and Industry Support Supplement, at 2–5 and
Exhibit 1.
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purposes of measuring industry
support.25
On April 9, 2020 and April 10, 2020,
respectively, we received comments on
industry support from Ashley Furniture
industries, Inc. (Ashley), a domestic
producer and importer of subject
merchandise,26 and Classic Brands, LLC
(Classic Brands), an importer of subject
merchandise.27 The petitioners
responded to these industry support
comments on April 13, 2020.28 On April
17, 2020, we received surrebuttal
comments from Ashley 29 and Classic
Brands 30 with regard to the petitioners’
April 13, 2020 comments. The
petitioners responded to these
surrebuttal industry support comments
on April 20, 2020.31
Our review of the data provided in the
Petitions, the General Issues
Supplement, Industry Support
Supplement, and other information
readily available to Commerce indicates
that the petitioners have established
industry support for the Petitions.32
First, the Petitions established support
from domestic producers (or workers)
accounting for more than 50 percent of
the total production of the domestic like
product and, as such, Commerce is not
required to take further action in order
to evaluate industry support (e.g.,
polling).33 Second, the domestic
producers (or workers) have met the
statutory criteria for industry support
25 See Volume I of the Petitions at 3–4, Exhibit
I–3, and Exhibit I–4; see also First General Issues
Supplement at 2, Exhibit I-Supp–1, and Exhibit I–
Supp-2; and Industry Support Supplement. For
further discussion, see Attachment II of the countryspecific AD Initiation Checklists.
26 See Ashley’s Letter, ‘‘Mattresses from
Cambodia, Indonesia, Malaysia, Serbia, Thailand,
Turkey, Vietnam and China: Comments on Industry
Support,’’ dated April 9, 2020.
27 See Classic Brand’s Letter, ‘‘Mattresses from
Cambodia, China, Indonesia, Malaysia, Serbia,
Thailand, Turkey, and Vietnam: Challenge to
Petitioners’ Standing,’’ dated April 10, 2020.
28 See Petitioners’ Letter, ‘‘Mattresses from
Cambodia, China, Indonesia, Malaysia, Serbia,
Thailand, Turkey, and Vietnam: Mattress
Petitioners’ Response to Ashley’s Industry Support
Claims,’’ dated April 13, 2020.
29 See Ashley’s Letter, ‘‘Mattresses from
Cambodia, Indonesia, Malaysia, Serbia, Thailand,
Turkey, Vietnam and China: Response to
Petitioners’ Comments on Industry Support,’’ dated
April 17, 2020.
30 See Classic Brand’s Letter, ‘‘Mattresses from
Cambodia, China, Indonesia, Malaysia, Serbia,
Thailand, Turkey, and Vietnam: Classic Brands’s
Surrebuttal on Petitioners’ Standing,’’ dated April
17, 2020.
31 See Petitioners’ Letter, ‘‘Mattresses from
Cambodia, China, Indonesia, Malaysia, Serbia,
Thailand, Turkey, and Vietnam: Mattress
Petitioners’ Response to Industry Support Claims
Filed on April 17, 2020 by Ashley and Classic
Brands,’’ dated April 20, 2020.
32 See Attachment II of the country-specific AD
Initiation Checklists.
33 Id.; see also section 732(c)(4)(D) of the Act.
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under section 732(c)(4)(A)(i) of the Act
because the domestic producers (or
workers) who support the Petitions
account for at least 25 percent of the
total production of the domestic like
product.34 Finally, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(c)(4)(A)(ii) of the Act
because the domestic producers (or
workers) who support the Petitions
account for more than 50 percent of the
production of the domestic like product
produced by that portion of the industry
expressing support for, or opposition to,
the Petitions.35 Accordingly, Commerce
determines that the Petitions were filed
on behalf of the domestic industry
within the meaning of section 732(b)(1)
of the Act.36
Allegations and Evidence of Material
Injury and Causation
The petitioners allege that the U.S.
industry producing the domestic like
product is being materially injured, or is
threatened with material injury, by
reason of the imports of the subject
merchandise sold at LTFV. In addition,
the petitioners allege that subject
imports exceed the negligibility
threshold provided for under section
771(24)(A) of the Act.37
The petitioners contend that the
industry’s injured condition is
illustrated by a significant and
increasing volume of subject imports;
reduced market share; underselling and
price depression or suppression; lost
sales and revenues; declining
production, capacity utilization, and
sales volumes; declining employment
variables; and a decline in financial
performance and profitability.38 We
assessed the allegations and supporting
evidence regarding material injury,
threat of material injury, causation, as
well as negligibility and cumulation,
and we have determined that these
allegations are properly supported by
adequate evidence, and meet the
statutory requirements for initiation.39
34 See Attachment II of the country-specific AD
Initiation Checklists.
35 Id.
36 Id.
37 See Volume I of the Petitions, at 17–18 and
Exhibit I–12.
38 See Volume I of the Petitions, at 28–46 and
Exhibits I–8 through I–18; see also First General
Issues Supplement, at Exhibit I-Supp–2.
39 See country-specific AD Initiation Checklists at
Attachment III, Analysis of Allegations and
Evidence of Material Injury and Causation for the
Antidumping and Countervailing Duty Petitions
Covering Mattresses from Cambodia, China,
Indonesia, Malaysia, Serbia, Thailand, Turkey, and
Vietnam (Attachment III).
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Allegations of Sales at LTFV
The following is a description of the
allegations of sales at LTFV upon which
Commerce based its decision to initiate
AD investigations of imports of
mattresses from Cambodia, Indonesia,
Malaysia, Serbia, Thailand, Turkey, and
Vietnam. The sources of data for the
deductions and adjustments relating to
U.S. price and normal value (NV) are
discussed in greater detail in the
country-specific AD Initiation
Checklists.
U.S. Price
For all countries, the petitioners based
EP on the average unit value (AUV) of
publicly available import data; 40 no
adjustments were made to the U.S. price
before comparing it to NV.
Normal Value 41
For Cambodia, Indonesia, Malaysia,
Serbia, Thailand, and Turkey, the
petitioners were unable to obtain home
market prices for mattresses produced
and sold in the subject countries.
Therefore, for these countries, the
petitioners based NV on AUVs of
publicly available export data for
exports of mattresses from the subject
countries to third countries.42 For each
of the countries, the petitioners also
provided information showing that the
AUVs were below the COP and,
therefore, the petitioners calculated NV
based on constructed value (CV).43
For further discussion of CV, see the
section ‘‘Normal Value Based on
Constructed Value.’’
Commerce considers Vietnam to be an
NME country.44 In accordance with
section 771(18)(C)(i) of the Act, any
determination that a foreign country is
an NME country shall remain in effect
until revoked by Commerce. Therefore,
we continue to treat Vietnam as an NME
country for purposes of the initiation of
this investigation. Accordingly, NV in
Vietnam is appropriately based on
factors of production (FOPs) valued in
a surrogate market economy country, in
40 See
country-specific AD Initiation Checklists.
accordance with section 773(b)(2) of the Act,
for these investigations, Commerce will request
information necessary to calculate the constructed
value and cost of production (COP) to determine
whether there are reasonable grounds to believe or
suspect that sales of the foreign like product have
been made at prices that represent less than the
COP of the product. Commerce no longer requires
a COP allegation to conduct this analysis.
42 See country-specific AD Initiation Checklists
for Cambodia, Indonesia, Malaysia, Serbia,
Thailand, and Turkey.
43 Id.
44 See Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam: Final Results, and
Final Results of No Shipments of the Antidumping
Duty Administrative Review; 2016–2017, 84 FR
18007 (April 29, 2019).
41 In
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accordance with section 773(c) of the
Act.45
The petitioners claim that India is an
appropriate surrogate country for
Vietnam because India is a market
economy country that is at a level of
economic development comparable to
that of Vietnam and it is a significant
producer of comparable merchandise.46
The petitioners provided publicly
available information from India to
value all FOPs. Based on the
information provided by the petitioners,
we determine that it is appropriate to
use India as a surrogate country for
initiation purposes.
Interested parties will have the
opportunity to submit comments
regarding surrogate country selection
and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an
opportunity to submit publicly available
information to value FOPs within 30
days before the scheduled date of the
preliminary determination.
Factors of Production
Because information regarding the
volume of inputs consumed by
Vietnamese producers/exporters was
not reasonably available, the petitioners
used their own product-specific
consumption rates as a surrogate to
estimate Vietnamese manufacturers’
FOPs.47 The petitioners valued the
estimated FOPs using surrogate values
from India.48 The petitioners calculated
factory overhead, selling, general and
administrative expenses, and profit
based on the experience of an Indian
producer of mattresses.49
Normal Value Based on Constructed
Value
As noted above, the petitioners
demonstrated that the third country
export AUVs for Cambodia, Indonesia,
Malaysia, Serbia, Thailand, and Turkey
were below COP. Accordingly, the
45 See
Vietnam AD Initiation Checklist.
Volume IX of the Petition at 2–4 and
Exhibit IX–4.
47 See Volume IX of the Petition at 5 and Exhibit
IX–6; see also Petitioners’ Letter, ‘‘Supplemental
Petition Questionnaire,’’ dated April 8, 2020, at
Exhibits IX-Supp–5 and IX-Supp–10 (Vietnam AD
Supplement); Petitioners’ Letter, ‘‘Second
Supplemental Questionnaire on the Petition,’’ dated
April 13, 2020, at Exhibit IX-Supp2–1 (Second
Vietnam AD Supplement).
48 See Volume IX of the Petition at 5–6 and
Exhibits IX–5 and IX–7; see also Vietnam AD
Supplement at 8–9 and Exhibits IX-Supp–5 and IXSupp–10; Second Vietnam AD Supplement at
Exhibit IX-Supp2–1.
49 See Volume IX of the Petition at 6–7 and
Exhibit IX–10; see also Vietnam AD Supplement at
Exhibit IX-Supp–5 and IX-Supp–10; Second
Vietnam AD Supplement at Exhibit IX-Supp2–1.
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46 See
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petitioners based NV on CV.50 Pursuant
to section 773(e) of the Act, the
petitioners calculated CV as the sum of
the cost of manufacturing, selling,
general, and administrative expenses,
financial expenses, and profit.51
Fair Value Comparisons
Based on the data provided by the
petitioners, there is reason to believe
that imports of mattresses from
Cambodia, Indonesia, Malaysia, Serbia,
Thailand, Turkey, and Vietnam are
being, or are likely to be, sold in the
United States at LTFV. Based on
comparisons of EP or CEP, as
applicable, to NV in accordance with
sections 772 and 773 of the Act, the
estimated dumping margins for
mattresses for each of the countries
covered by this initiation are as follows:
(1) Cambodia, 326.49–675.83 percent;
(2) Indonesia, 213.44–429.74 percent;
(3) Malaysia, 42.92 percent; (4) Serbia,
57.37–183.16 percent; (5) Thailand,
414.77–763.28 percent; (6) Turkey,
267.55–609.51 percent; and (7) Vietnam,
481.72–989.90 percent.52
Initiation of LTFV Investigations
Based upon the examination of the
Petitions and supplemental responses,
we find that they meet the requirements
of section 732 of the Act. Therefore, we
are initiating AD investigations to
determine whether imports of
mattresses from Cambodia, Indonesia,
Malaysia, Serbia, Thailand, Turkey, and
Vietnam are being, or are likely to be,
sold in the United States at LTFV. In
accordance with section 733(b)(1)(A) of
the Act and 19 CFR 351.205(b)(1),
unless postponed, we will make our
preliminary determinations no later
than 140 days after the date of this
initiation.
Respondent Selection
In the Petitions, the petitioners named
8 companies in Cambodia, 13
companies in Indonesia, 21 companies
in Malaysia, 12 companies in Serbia, 19
companies in Thailand, and 29
companies in Turkey 53 as producers/
exporters of mattresses.
Following standard practice in AD
investigations involving market
economy countries, in the event
Commerce determines that the number
of companies is large and that
Commerce cannot individually examine
each company based upon Commerce’s
50 See country-specific AD Initiation Checklists
for Cambodia, Indonesia, Malaysia, Serbia,
Thailand, and Turkey for details of calculations.
51 Id.
52 Id.
53 See Volume I of the Petitions at page 22 and
Exhibit I–7.
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resources, where appropriate,
Commerce intends to select mandatory
respondents in Cambodia, Indonesia,
Malaysia, Serbia, Thailand, and Turkey
based on U.S. Customs and Border
Protection (CBP) data for U.S. imports
under the appropriate Harmonized
Tariff Schedule of the United States
numbers listed in the ‘‘Scope of the
Investigations,’’ in the appendix.
For each country, on April 14, 2020,
Commerce released CBP data on imports
of mattresses to all parties with access
to information protected by
Administrative Protective Order (APO)
and indicated that interested parties
wishing to comment on the CBP data
must do so within three business days
of the publication date of the notice of
initiation of these investigations.54
Commerce will not accept rebuttal
comments regarding the CBP data or
respondent selection.
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305(b).
Instructions for filing such applications
may be found on Commerce’s website at
https://enforcement.trade.gove/apo.
With respect to Vietnam, the
petitioners named 10 companies in
Vietnam as producers/exporters of
mattresses.55 In accordance with our
standard practice for respondent
selection in AD investigations involving
NME countries, Commerce selects
respondents based on quantity and
value (Q&V) questionnaires in cases
where it has determined that the
number of companies is large and it
cannot individually examine each
company based upon its resources.
Therefore, considering the number of
producers and exporters identified in
the Petition, Commerce will solicit Q&V
information that can serve as a basis for
selecting exporters for individual
examination in the event that Commerce
decides to limit the number of
respondents individually examined
pursuant to section 777A(c)(2) of the
Act. Given that there are 10 producers
and exporters identified in the Petition,
Commerce has determined that it will
issue Q&V questionnaires to each
potential respondent for which the
petitioners have provided a complete
address.
In addition, Commerce will post the
Q&V questionnaire along with filing
instructions on Enforcement and
Compliance’s website at https://
www.trade.gov/enforcement/news.asp.
Producers/exporters of mattresses from
54 See country-specific memoranda, ‘‘Release of
Customs Data from U.S. Customs and Border
Protection.’’
55 See Volume I of the Petition at Exhibit I–7.
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Vietnam that do not receive Q&V
questionnaires may still submit a
response to the Q&V questionnaire and
can obtain a copy of the Q&V
questionnaire from Enforcement and
Compliance’s website. In accordance
with the standard practice for
respondent selection in AD cases
involving NME countries, in the event
Commerce decides to limit the number
of respondents individually
investigated, Commerce intends to base
respondent selection on the responses to
the Q&V questionnaire that it receives.
Responses to the Q&V questionnaire
must be submitted by the relevant
Vietnamese producers/exporters no later
than 5:00 p.m. ET on May 6, 2020. All
Q&V questionnaire responses must be
filed electronically via ACCESS. An
electronically filed document must be
received successfully, in its entirety, by
ACCESS no later than 5:00 p.m. ET on
the deadline noted above. Commerce
intends to finalize its decisions
regarding respondent selection within
20 days of publication of this notice.
Separate Rates
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In order to obtain separate-rate status
in an NME investigation, exporters and
producers must submit a separate-rate
application.56 The specific requirements
for submitting a separate-rate
application in a Vietnam investigation
are outlined in detail in the application
itself, which is available on Commerce’s
website at https://enforcement.trade.gov/
nme/nme-sep-rate.html. The separaterate application will be due 30 days
after publication of this initiation
notice.57 Exporters and producers who
submit a separate-rate application and
have been selected as mandatory
respondents will be eligible for
consideration for separate-rate status
only if they respond to all parts of
Commerce’s AD questionnaire as
mandatory respondents. Commerce
requires that companies from Vietnam
submit a response to both the Q&V
questionnaire and the separate-rate
application by the respective deadlines
in order to receive consideration for
separate-rate status. Companies not
filing a timely Q&V questionnaire
response will not receive separate rate
consideration.
56 See Policy Bulletin 05.1: Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigation involving NME
Countries (April 5, 2005), available at https://
enforcement.trade.gov/policy/bull05-1.pdf (Policy
Bulletin 05.1).
57 Although in past investigations this deadline
was 60 days, consistent with 19 CFR 351.301(a),
which states that ‘‘the Secretary may request any
person to submit factual information at any time
during a proceeding,’’ this deadline is now 30 days.
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Use of Combination Rates
Commerce will calculate combination
rates for certain respondents that are
eligible for a separate rate in an NME
investigation. The Separate Rates and
Combination Rates Bulletin states:
{w}hile continuing the practice of
assigning separate rates only to exporters, all
separate rates that the Department will now
assign in its NME Investigation will be
specific to those producers that supplied the
exporter during the period of investigation.
Note, however, that one rate is calculated for
the exporter and all of the producers which
supplied subject merchandise to it during the
period of investigation. This practice applies
both to mandatory respondents receiving an
individually calculated separate rate as well
as the pool of non-investigated firms
receiving the weighted-average of the
individually calculated rates. This practice is
referred to as the application of ‘‘combination
rates’’ because such rates apply to specific
combinations of exporters and one or more
producers. The cash-deposit rate assigned to
an exporter will apply only to merchandise
both exported by the firm in question and
produced by a firm that supplied the exporter
during the period of investigation.58
Distribution of Copies of the AD
Petitions
In accordance with section
732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version
of the AD Petitions have been provided
to the governments of Cambodia,
Indonesia, Malaysia, Serbia, Thailand,
Turkey, and Vietnam via ACCESS. To
the extent practicable, we will attempt
to provide a copy of the public version
of the AD Petitions to each exporter
named in the AD Petitions, as provided
under 19 CFR 351.203(c)(2).
ITC Notification
We will notify the ITC of our
initiation, as required by section 732(d)
of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the AD Petitions were filed, whether
there is a reasonable indication that
imports of mattresses from Cambodia,
Indonesia, Malaysia, Serbia, Thailand,
Turkey, and/or Vietnam are materially
injuring, or threatening material injury
to, a U.S. industry.59 A negative ITC
determination for any country will
result in the investigation being
terminated with respect to that
country.60 Otherwise, these AD
investigations will proceed according to
statutory and regulatory time limits.
Submission of Factual Information
Factual information is defined in 19
CFR 351.102(b)(21) as: (i) Evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors under 19
CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by Commerce; and (v)
evidence other than factual information
described in (i)–(iv). Section 351.301(b)
of Commerce’s regulations requires any
party, when submitting factual
information, to specify under which
subsection of 19 CFR 351.102(b)(21) the
information is being submitted 61 and, if
the information is submitted to rebut,
clarify, or correct factual information
already on the record, to provide an
explanation identifying the information
already on the record that the factual
information seeks to rebut, clarify, or
correct.62 Time limits for the
submission of factual information are
addressed in 19 CFR 351.301, which
provides specific time limits based on
the type of factual information being
submitted. Interested parties should
review the regulations prior to
submitting factual information in these
investigations.
Particular Market Situation Allegation
Section 504 of the Trade Preferences
Extension Act of 2015 amended the Act
by adding the concept of particular
market situation (PMS) for purposes of
CV under section 773(e) of the Act.63
Section 773(e) of the Act states that ‘‘if
a particular market situation exists such
that the cost of materials and fabrication
or other processing of any kind does not
accurately reflect the cost of production
in the ordinary course of trade, the
administering authority may use
another calculation methodology under
this subtitle or any other calculation
methodology.’’ When an interested
party submits a PMS allegation pursuant
to section 773(e) of the Act, Commerce
will respond to such a submission
consistent with 19 CFR 351.301(c)(2)(v).
If Commerce finds that a PMS exists
under section 773(e) of the Act, then it
will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act, nor
19 CFR 351.301(c)(2)(v), sets a deadline
for the submission of PMS allegations
and supporting factual information.
However, in order to administer section
773(e) of the Act, Commerce must
61 See
58 See
Policy Bulletin 05.1 at 6 (emphasis added).
59 See section 733(a) of the Act.
60 Id.
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19 CFR 351.301(b).
19 CFR 351.301(b)(2).
63 See Trade Preferences Extension Act of 2015,
Public Law 114–27, 129 Stat. 362 (2015).
62 See
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receive PMS allegations and supporting
factual information with enough time to
consider the submission. Thus, should
an interested party wish to submit a
PMS allegation and supporting new
factual information pursuant to section
773(e) of the Act, it must do so no later
than 20 days after submission of a
respondent’s initial section D
questionnaire response.
Extensions of Time Limits
Parties may request an extension of
time limits before the expiration of a
time limit established under 19 CFR
351.301, or as otherwise specified by
Commerce. In general, an extension
request will be considered untimely if it
is filed after the expiration of the time
limit established under 19 CFR 351.301.
For submissions that are due from
multiple parties simultaneously, an
extension request will be considered
untimely if it is filed after 10:00 a.m. ET
on the due date. Under certain
circumstances, we may elect to specify
a different time limit by which
extension requests will be considered
untimely for submissions which are due
from multiple parties simultaneously. In
such a case, we will inform parties in a
letter or memorandum of the deadline
(including a specified time) by which
extension requests must be filed to be
considered timely. An extension request
must be made in a separate, stand-alone
submission; under limited
circumstances we will grant untimelyfiled requests for the extension of time
limits. Parties should review Extension
of Time Limits; Final Rule, 78 FR 57790
(September 20, 2013), available at
https://www.gpo.gov/fdsys/pkg/FR-201309-20/html/2013-22853.htm, prior to
submitting factual information in these
investigations.
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Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.64
Parties must use the certification
formats provided in 19 CFR
351.303(g).65 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
64 See
section 782(b) of the Act.
Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule). Answers to frequently asked
questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
65 See
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Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305. On
January 22, 2008, Commerce published
Antidumping and Countervailing Duty
Proceedings: Documents Submission
Procedures; APO Procedures, 73 FR
3634 (January 22, 2008). Parties wishing
to participate in these investigations
should ensure that they meet the
requirements of these procedures (e.g.,
the filing of letters of appearance as
discussed at 19 CFR 351.103(d)). Note
that Commerce has temporarily
modified certain of its requirements for
serving documents containing business
proprietary information, until May 19,
2020, unless extended.66
This notice is issued and published
pursuant to sections 732(c)(2) and 777(i)
of the Act, and 19 CFR 351.203(c).
Dated: April 20, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix—Scope of the Investigations
The products covered by these
investigations 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 these investigations is
restricted to only ‘‘adult mattresses’’ and
‘‘youth mattresses.’’ ‘‘Adult mattresses’’ are
frequently described as ‘‘twin,’’ ‘‘extra-long
twin,’’ ‘‘full,’’ ‘‘queen,’’ ‘‘king,’’ or ‘‘California
king’’ mattresses. ‘‘Youth mattresses’’ are
typically described as ‘‘crib,’’ ‘‘toddler,’’ or
‘‘youth’’ mattresses. All adult and youth
mattresses are included regardless of size or
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.
66 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19, 85 FR
17006 (March 26, 2020).
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‘‘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 these
investigations 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 these
investigations 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 upholstered, integrated into
the design and construction of, and
inseparable from, the furniture framing, and
the outermost layer of the multifunctional
furniture converts into the sleeping surface.
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.
Also excluded from the scope of these
investigations are any products covered by
the existing antidumping duty orders on
uncovered innerspring units from China or
Vietnam. See Uncovered Innerspring Units
from the People’s Republic of China: Notice
of Antidumping Duty Order, 74 FR 7661 (Feb.
19, 2009); Uncovered Innerspring Units From
the Socialist Republic of Vietnam, 73 FR
75391 (Dec. 11, 2008).
Also excluded from the scope of these
investigations are bassinet pads with a
nominal length of less than 39 inches, a
nominal width less than 25 inches, and a
nominal depth of less than 2 inches.
Additionally, also excluded from the scope
of these investigations are ‘‘mattress
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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 nominal height of
four inches or less.
The products subject to these
investigations are currently properly
classifiable under HTSUS subheadings:
9404.21.0010, 9404.21.0013, 9404.29.1005,
9404.29.1013, 9404.29.9085, and
9404.29.9087. Products subject to these
investigations 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
these investigations is dispositive.
[FR Doc. 2020–08758 Filed 4–23–20; 8:45 am]
BILLING CODE 3510–DS–P
COMMITTEE FOR PURCHASE FROM
PEOPLE WHO ARE BLIND OR
SEVERELY DISABLED
Procurement List; Proposed Additions
and Deletions
Committee for Purchase From
People Who Are Blind or Severely
Disabled.
ACTION: Proposed additions to and
deletions from the Procurement List.
AGENCY:
The Committee is proposing
to add products to the Procurement List
that will be furnished by nonprofit
agencies employing persons who are
blind or have other severe disabilities,
and deletes products and services
previously furnished by such agencies.
DATES: Comments must be received on
or before: May 24, 2020.
ADDRESSES: Committee for Purchase
From People Who Are Blind or Severely
Disabled, 1401 S. Clark Street, Suite
715, Arlington, Virginia 22202–4149.
FOR FURTHER INFORMATION CONTACT: For
further information or to submit
comments contact: Michael R.
Jurkowski, Telephone: (703) 603–2117,
Fax: (703) 603–0655, or email
CMTEFedReg@AbilityOne.gov.
SUPPLEMENTARY INFORMATION: This
notice is published pursuant to 41
U.S.C. 8503 (a)(2) and 41 CFR 51–2.3. Its
purpose is to provide interested persons
an opportunity to submit comments on
the proposed actions.
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
Additions
If the Committee approves the
proposed additions, the entities of the
Federal Government identified in this
notice will be required to procure the
products listed below from nonprofit
agencies employing persons who are
blind or have other severe disabilities.
VerDate Sep<11>2014
17:03 Apr 23, 2020
Jkt 250001
The following products are proposed
for addition to the Procurement List for
production by the nonprofit agencies
listed:
Products
NSNs—Product Names:
MR 13030—Vegetable Chopper
MR 13047—Container, Leakproof, On-theGo, Clear, Lunch
MR 13048—Container, Leakproof, On-theGo, Clear, Salad
Mandatory Source of Supply: Cincinnati
Association for the Blind, Cincinnati, OH
Contracting Activity: Military Resale-Defense
Commissary Agency
Deletions
The following products and services
are proposed for deletion from the
Procurement List:
Products
NSNs—Product Names:
6510–00–083–5573—Dressing, First Aid,
Field, White
6510–00–159–4883—Dressing, First Aid,
Field, Camouflaged, Pad
6510–00–200–3075—Compress and
Bandage, Camouflaged, 2 in × 2 in
6510–00–200–3080—Compress and
Bandage, Camouflaged, 4 in × 4 in
6510–00–200–3180—Bandage, Gauze,
Compressed, Camouflaged, 2 in × 6 yds
6510–00–200–3185—Bandage, Gauze,
Compressed, Camouflaged, 3 in × 6 yds
6510–00–200–3190—Bandage, Gauze,
Compressed, Camouflaged, 4 in × 6 yds
6510–00–201–1755—Bandage, Muslin,
Compressed, Olive Drab Green,
Camouflaged, 37″ × 37″ × 52’’
6510–00–201–7425—Dressing, First Aid,
Field, Camouflaged 113⁄4″ × 113⁄4″
6510–00–201–7430—Dressing, First Aid,
Field, Camouflaged 73⁄4″ × 71⁄4″
6510–00–201–7680—Compress and
Skullcap, Head Dressing
Mandatory Source of Supply: Elwyn, Aston,
PA
Contracting Activity: DLA TROOP SUPPORT,
PHILADELPHIA, PA
Services
Service Type: Reprographics
Mandatory for: Department of Energy,
Washington, DC
Mandatory Source of Supply: Sinai Hospital
of Baltimore (Vocational Services
Program), Baltimore, MD
Contracting Activity: ENERGY,
DEPARTMENT OF, HEADQUARTERS
PROCUREMENT SERVICES
Service Type: Grounds Maintenance
Mandatory for: U.S. Army Reserve, Southern
Maryland Memorial USARC, Upper
Marlboro, MD
Mandatory Source of Supply: Melwood
Horticultural Training Center, Inc.,
Upper Marlboro, MD
Contracting Activity: DEPT OF THE ARMY,
W6QK ACC–PICA
Service Type: Janitorial/Custodial
Mandatory for: MICC, West Point, USMA
West Point, Sherman (Bldg. 738) & Lee
Barracks (Bldg. 740), West Point
Academy, West Point, NY
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
23009
Mandatory Source of Supply: Access:
Supports for Living Inc., Middletown,
NY
Contracting Activity: DEPT OF THE ARMY,
W6QM MICC–WEST POINT
Service Type: Administrative Services
Mandatory for: U.S. Department of the
Treasury, Office of Technical Assistance,
740 15th Street NW, 4th Floor,
Washington, DC
Mandatory for: Saudi-Arabian Joint
Commission Office, Washington, DC
Mandatory Source of Supply: ServiceSource,
Inc., Oakton, VA
Contracting Activity: DEPARTMENTAL
OFFICES, NATIONAL OFFICE—DO
OTPS/TOPS
Michael R. Jurkowski,
Deputy Director, Business & PL Operations.
[FR Doc. 2020–08713 Filed 4–23–20; 8:45 am]
BILLING CODE 6353–01–P
COMMITTEE FOR PURCHASE FROM
PEOPLE WHO ARE BLIND OR
SEVERELY DISABLED
Procurement List; Deletions
Committee for Purchase From
People Who Are Blind or Severely
Disabled.
AGENCY:
ACTION:
Notice of correction.
The Committee for Purchase
From People Who Are Blind or Severely
Disabled published a document in the
Federal Register of March 13, 2020 and
April 17, 2020, concerning deletion of
Administrative Support Service, USDA,
Rural Development, St. Louis, MO. This
notice was in error, as these services are
still being performed under the service
type of Mailroom Operations at the
same location.
SUMMARY:
Committee for Purchase
From People Who Are Blind or Severely
Disabled, 1401 S Clark Street, Suite 715,
Arlington, Virginia 22202–4149.
ADDRESSES:
For
further information or to submit
comments contact: Michael R.
Jurkowski, Telephone: (703) 603–2117,
Fax: (703) 603–0655, or email
CMTEFedReg@AbilityOne.gov.
FOR FURTHER INFORMATION CONTACT:
This
notice is published pursuant to 41
U.S.C. 8503 (a)(2) and 41 CFR 51–2.3. Its
purpose is to provide interested persons
an opportunity to submit comments on
the proposed actions.
SUPPLEMENTARY INFORMATION:
Michael R. Jurkowski,
Deputy Director, Business & PL Operations.
[FR Doc. 2020–08712 Filed 4–23–20; 8:45 am]
BILLING CODE 6353–01–P
E:\FR\FM\24APN1.SGM
24APN1
]]>Agencies
[Federal Register Volume 85, Number 80 (Friday, April 24, 2020)]
[Notices]
[Pages 23002-23009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08758]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-555-001, A-560-836, A-557-818, A-801-002, A-549-841, A-489-841, A-
552-827]
Mattresses From Cambodia, Indonesia, Malaysia, Serbia, Thailand,
the Republic of Turkey, and the Socialist Republic of Vietnam:
Initiation of Less-Than-Fair-Value Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable April 20, 2020.
FOR FURTHER INFORMATION CONTACT: John McGowan at (202) 482-3019
(Cambodia); Brian Smith at (202) 482-1766 (Indonesia); Joshua Simonidis
at (202) 482-0608 (Malaysia); Joshua A. DeMoss at (202) 482-3362
(Serbia); Paola Aleman Ordaz at (202) 482-4031 (Thailand); Jacob Keller
at (202) 482-4849 (Turkey); and Dakota Potts at (202)
[[Page 23003]]
482-0223 (Vietnam); AD/CVD Operations, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petitions
On March 31, 2020, the U.S. Department of Commerce (Commerce)
received antidumping duty (AD) petitions concerning imports of
mattresses from Cambodia, Indonesia, Malaysia, Serbia, Thailand, the
Republic of Turkey (Turkey), and the Socialist Republic of Vietnam
(Vietnam) filed in proper form on behalf of the petitioners,\1\
domestic producers of mattresses and certified unions that represent
workers engaged in the domestic production of mattresses.\2\ The
Petitions were accompanied by a countervailing duty (CVD) petition
concerning imports of mattresses from the People's Republic of China
(China).\3\
---------------------------------------------------------------------------
\1\ Brooklyn Bedding, Corsicana Mattress Company, Elite Comfort
Solutions, FXI, Inc., Innocor, Inc., Kolcraft Enterprises, Inc.,
Leggett & Platt, Incorporated, the International Brotherhood of
Teamsters, and United Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied Industrial and Service Workers
International Union, AFL-CIO (USW) (collectively, the petitioners).
\2\ See Petitioners' Letter, ``Mattresses from Cambodia, China,
Indonesia, Malaysia, Serbia, Thailand, Turkey, and Vietnam--
Antidumping and Countervailing Duty Petitions,'' dated March 31,
2020 (the Petitions).
\3\ Id.
---------------------------------------------------------------------------
Between April 3 and 14, 2020, Commerce requested supplemental
information pertaining to certain aspects of the Petitions in separate
supplemental questionnaires.\4\ The petitioners filed responses to the
supplemental questionnaires between April 8 and April 16, 2020.\5\
---------------------------------------------------------------------------
\4\ See Commerce's Letters, ``Petition for the Imposition of
Antidumping Duties on Imports of Mattresses from Cambodia,
Indonesia, Malaysia, Serbia, Thailand, Turkey, and Vietnam and
Countervailing Duties on Imports from China: Supplemental
Questions,'' dated April 3, 2020 (General Issues Supplemental); and
country-specific supplemental questionnaires: Cambodia Supplemental,
Indonesia Supplemental, Malaysia Supplemental, Serbia Supplemental,
Thailand Supplemental, Turkey Supplemental, and Vietnam
Supplemental, dated April 3, 2020; see also country-specific and
general issues memoranda regarding telephone conversation with
counsel for the petitioners, dated April 10 and April 14, 2020.
\5\ See Petitioners' First Country-Specific Supplemental
Responses, dated April 8, 2020; see also Petitioners' Letter,
``Mattresses from Cambodia, China, Indonesia, Malaysia, Serbia,
Thailand, Turkey, and Vietnam: Responses to Petition Supplemental
Questionnaires,'' dated April 8, 2020 (General Issues Supplement);
Second Country-Specific Supplemental Responses, dated April 13,
2020; and Petitioners' Letter, ``Mattresses from Cambodia, China,
Indonesia, Malaysia, Serbia, Thailand, Turkey, and Vietnam--
Responses to Petition Second Supplemental Questionnaires,'' dated
April 13, 2020 (Second General Issues Supplement); and Petitioners'
Letter, ``Mattresses from Cambodia, China, Indonesia, Malaysia,
Serbia, Thailand, Turkey, and Vietnam: Mattress Petitioners'
Response to Request for Additional Information Regarding Industry
Support,'' dated April 16, 2020 (Industry Support Supplement).
---------------------------------------------------------------------------
In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioners allege that imports of mattresses
from Cambodia, Indonesia, Malaysia, Serbia, Thailand, Turkey, and
Vietnam are being, or are likely to be, sold in the United States at
less than fair value (LTFV) within the meaning of section 731 of the
Act, and that imports of such products are materially injuring, or
threatening material injury to, the domestic mattress industry in the
United States. Consistent with section 732(b)(1) of the Act, the
Petitions are accompanied by information reasonably available to the
petitioners supporting their allegations.
Commerce finds that the petitioners filed the Petitions on behalf
of the domestic industry, because the petitioners are interested
parties, as defined in sections 771(9)(C) and (D) of the Act. Commerce
also finds that the petitioners demonstrated sufficient industry
support for the initiation of the requested AD investigations.\6\
---------------------------------------------------------------------------
\6\ See infra, section on ``Determination of Industry Support
for the Petitions.''
---------------------------------------------------------------------------
Period of Investigations
Because the Petitions were filed on March 31, 2020, the period of
investigation (POI) for the Cambodia, Indonesia, Malaysia, Serbia,
Thailand, and Turkey AD investigations is January 1, 2019 through
December 31, 2019, pursuant to 19 CFR 351.204(b)(1).\7\ Because Vietnam
is a non-market economy (NME) country, pursuant to 19 CFR
351.204(b)(1), the POI for the Vietnam AD investigation is July 1, 2019
through December 31, 2019.\8\
---------------------------------------------------------------------------
\7\ See 19 CFR 351.204(b)(1).
\8\ Id.
---------------------------------------------------------------------------
Scope of the Investigations
The products covered by these investigations are mattresses from
Cambodia, Indonesia, Malaysia, Serbia, Thailand, Turkey, and Vietnam.
For a full description of the scope of these investigations, see the
appendix to this notice.
Comments on the Scope of the Investigations
On April 3, 2020, Commerce requested further information from the
petitioners regarding the proposed scope to ensure that the scope
language in the Petition is an accurate reflection of the products for
which the domestic industry is seeking relief.\9\ On April 8, 2020, the
petitioners revised the scope.\10\ On April 10, 2020, Commerce
requested further clarification from the petitioners regarding the
proposed scope.\11\ On April 13, 2020, the petitioners further modified
the scope of the Petition to clarify the description of the merchandise
covered by the Petition.\12\ The description of the merchandise covered
by these investigations, as described in the appendix to this notice,
reflects these clarifications.
---------------------------------------------------------------------------
\9\ See General Issues Questionnaire.
\10\ See First General Issues Supplement at Exhibit I-Supp-5.
\11\ See Memorandum of Telephone Conversation.
\12\ See Second General Issues Supplement at Exhibit I-Supp2-1.
---------------------------------------------------------------------------
As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\13\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determinations. If scope comments include factual information,\14\ all
such factual information should be limited to public information. To
facilitate preparation of its questionnaires, Commerce requests that
all interested parties submit such comments by 5:00 p.m. Eastern Time
(ET) on May 11, 2020, which is the next business day after 20 calendar
days from the signature date of this notice.\15\ Any rebuttal comments,
which may include factual information, must be filed by 5:00 p.m. ET on
May 21, 2020, which is ten calendar days from the initial comment
deadline.\16\
---------------------------------------------------------------------------
\13\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\14\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\15\ Commerce practice dictates that where a deadline falls on a
weekend or Federal holiday, the appropriate deadline is the next
business day (in this instance, May 11, 2020). See Notice of
Clarification: Application of ``Next Business Day'' Rule for
Administrative Determination Deadlines Pursuant to the Tariff Act of
1930, As Amended, 70 FR 24533 (May 10, 2005) (Next Business Day
Rule).
\16\ See 19 CFR 351.303(b).
---------------------------------------------------------------------------
Commerce requests that any factual information parties consider
relevant to the scope of the investigations be submitted during this
period. However, if a party subsequently finds that additional factual
information pertaining to the scope of the investigations may be
relevant, the party may contact Commerce and request permission to
submit the additional information. All such submissions must
[[Page 23004]]
be filed on the records of the concurrent AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\17\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
---------------------------------------------------------------------------
\17\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on help using
ACCESS can be found at https://access.trade.gov/help.aspx and a
handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
---------------------------------------------------------------------------
Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of mattresses to be
reported in response to Commerce's AD questionnaires. This information
will be used to identify the key physical characteristics of the
subject merchandise in order to report the relevant costs of production
accurately, as well as to develop appropriate product-comparison
criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as: (1) General product
characteristics; and (2) product comparison criteria. We note that it
is not always appropriate to use all product characteristics as product
comparison criteria. We base product comparison criteria on meaningful
commercial differences among products. In other words, although there
may be some physical product characteristics utilized by manufacturers
to describe mattresses, it may be that only a select few product
characteristics take into account commercially meaningful physical
characteristics. In addition, interested parties may comment on the
order in which the physical characteristics should be used in matching
products. Generally, Commerce attempts to list the physical
characteristics in order of importance, from most important to least
important.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, all product
characteristics comments must be filed by 5:00 p.m. ET on May 11, 2020,
which is the next business day after 20 calendar days from the
signature date of this notice.\18\ Any rebuttal comments must be filed
by 5:00 p.m. ET on May 21, 2020. All comments and submissions to
Commerce must be filed electronically using ACCESS, as explained above,
on the record of each of the AD investigations.
---------------------------------------------------------------------------
\18\ See 19 CFR 351.303(b). Commerce practice dictates that
where a deadline falls on a weekend or Federal holiday, the
appropriate deadline is the next business day (in this instance,
April 20, 2020). See Next Business Day Rule, 70 FR at 24533.
---------------------------------------------------------------------------
Determination of Industry Support for the Petitions
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
Poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\19\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\20\
---------------------------------------------------------------------------
\19\ See section 771(10) of the Act.
\20\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F. 2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------
Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioners do not
offer a definition of the domestic like product distinct from the scope
of the investigations.\21\ Based on our analysis of the information
submitted on the record, we have determined that mattresses, as defined
in the scope, constitute a single domestic like product, and we have
analyzed industry support in terms of that domestic like product.\22\
---------------------------------------------------------------------------
\21\ See Volume I of the Petitions at 13-16; see also First
General Issues Supplement, at Exhibit I-Supp-2.
\22\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see country-specific AD Initiation Checklists at Attachment II,
Analysis of Industry Support for the Antidumping and Countervailing
Duty Petitions Covering Mattresses from Cambodia, China, Indonesia,
Malaysia, Serbia, Thailand, Turkey, and Vietnam (Attachment II).
---------------------------------------------------------------------------
In determining whether the petitioners have standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. To establish industry support, the petitioners provided
the 2019 production of the domestic like product for the U.S. producers
that support the Petitions.\23\ The petitioners estimated the
production of the domestic like product for the entire domestic
industry based on the production data from the ITC's 2019 report from
the AD investigation of mattresses from China.\24\ We relied on data
provided by the petitioners for
[[Page 23005]]
purposes of measuring industry support.\25\
---------------------------------------------------------------------------
\23\ See Volume I of the Petitions at 3-4, Exhibit I-3, and
Exhibit I-4; see also First General Issues Supplement, at 2 and
Exhibit I-Supp-1; and Industry Support Supplement, at Exhibit 2.
\24\ See Volume I of the Petitions at 3-4 and Exhibit I-4; see
also First General Issues Supplement at 2, Exhibit I-Supp-1, and
Exhibit I-Supp-2; Mattresses from China, Inv. No. 731-TA-1424
(Final), USITC Pub. 5000 (December 2019), at 17-25, II-1 to II-28;
and Industry Support Supplement, at 2-5 and Exhibit 1.
\25\ See Volume I of the Petitions at 3-4, Exhibit I-3, and
Exhibit I-4; see also First General Issues Supplement at 2, Exhibit
I-Supp-1, and Exhibit I-Supp-2; and Industry Support Supplement. For
further discussion, see Attachment II of the country-specific AD
Initiation Checklists.
---------------------------------------------------------------------------
On April 9, 2020 and April 10, 2020, respectively, we received
comments on industry support from Ashley Furniture industries, Inc.
(Ashley), a domestic producer and importer of subject merchandise,\26\
and Classic Brands, LLC (Classic Brands), an importer of subject
merchandise.\27\ The petitioners responded to these industry support
comments on April 13, 2020.\28\ On April 17, 2020, we received
surrebuttal comments from Ashley \29\ and Classic Brands \30\ with
regard to the petitioners' April 13, 2020 comments. The petitioners
responded to these surrebuttal industry support comments on April 20,
2020.\31\
---------------------------------------------------------------------------
\26\ See Ashley's Letter, ``Mattresses from Cambodia, Indonesia,
Malaysia, Serbia, Thailand, Turkey, Vietnam and China: Comments on
Industry Support,'' dated April 9, 2020.
\27\ See Classic Brand's Letter, ``Mattresses from Cambodia,
China, Indonesia, Malaysia, Serbia, Thailand, Turkey, and Vietnam:
Challenge to Petitioners' Standing,'' dated April 10, 2020.
\28\ See Petitioners' Letter, ``Mattresses from Cambodia, China,
Indonesia, Malaysia, Serbia, Thailand, Turkey, and Vietnam: Mattress
Petitioners' Response to Ashley's Industry Support Claims,'' dated
April 13, 2020.
\29\ See Ashley's Letter, ``Mattresses from Cambodia, Indonesia,
Malaysia, Serbia, Thailand, Turkey, Vietnam and China: Response to
Petitioners' Comments on Industry Support,'' dated April 17, 2020.
\30\ See Classic Brand's Letter, ``Mattresses from Cambodia,
China, Indonesia, Malaysia, Serbia, Thailand, Turkey, and Vietnam:
Classic Brands's Surrebuttal on Petitioners' Standing,'' dated April
17, 2020.
\31\ See Petitioners' Letter, ``Mattresses from Cambodia, China,
Indonesia, Malaysia, Serbia, Thailand, Turkey, and Vietnam: Mattress
Petitioners' Response to Industry Support Claims Filed on April 17,
2020 by Ashley and Classic Brands,'' dated April 20, 2020.
---------------------------------------------------------------------------
Our review of the data provided in the Petitions, the General
Issues Supplement, Industry Support Supplement, and other information
readily available to Commerce indicates that the petitioners have
established industry support for the Petitions.\32\ First, the
Petitions established support from domestic producers (or workers)
accounting for more than 50 percent of the total production of the
domestic like product and, as such, Commerce is not required to take
further action in order to evaluate industry support (e.g.,
polling).\33\ Second, the domestic producers (or workers) have met the
statutory criteria for industry support under section 732(c)(4)(A)(i)
of the Act because the domestic producers (or workers) who support the
Petitions account for at least 25 percent of the total production of
the domestic like product.\34\ Finally, the domestic producers (or
workers) have met the statutory criteria for industry support under
section 732(c)(4)(A)(ii) of the Act because the domestic producers (or
workers) who support the Petitions account for more than 50 percent of
the production of the domestic like product produced by that portion of
the industry expressing support for, or opposition to, the
Petitions.\35\ Accordingly, Commerce determines that the Petitions were
filed on behalf of the domestic industry within the meaning of section
732(b)(1) of the Act.\36\
---------------------------------------------------------------------------
\32\ See Attachment II of the country-specific AD Initiation
Checklists.
\33\ Id.; see also section 732(c)(4)(D) of the Act.
\34\ See Attachment II of the country-specific AD Initiation
Checklists.
\35\ Id.
\36\ Id.
---------------------------------------------------------------------------
Allegations and Evidence of Material Injury and Causation
The petitioners allege that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioners allege that
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\37\
---------------------------------------------------------------------------
\37\ See Volume I of the Petitions, at 17-18 and Exhibit I-12.
---------------------------------------------------------------------------
The petitioners contend that the industry's injured condition is
illustrated by a significant and increasing volume of subject imports;
reduced market share; underselling and price depression or suppression;
lost sales and revenues; declining production, capacity utilization,
and sales volumes; declining employment variables; and a decline in
financial performance and profitability.\38\ We assessed the
allegations and supporting evidence regarding material injury, threat
of material injury, causation, as well as negligibility and cumulation,
and we have determined that these allegations are properly supported by
adequate evidence, and meet the statutory requirements for
initiation.\39\
---------------------------------------------------------------------------
\38\ See Volume I of the Petitions, at 28-46 and Exhibits I-8
through I-18; see also First General Issues Supplement, at Exhibit
I-Supp-2.
\39\ See country-specific AD Initiation Checklists at Attachment
III, Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Mattresses from Cambodia, China, Indonesia, Malaysia,
Serbia, Thailand, Turkey, and Vietnam (Attachment III).
---------------------------------------------------------------------------
Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate AD investigations of
imports of mattresses from Cambodia, Indonesia, Malaysia, Serbia,
Thailand, Turkey, and Vietnam. The sources of data for the deductions
and adjustments relating to U.S. price and normal value (NV) are
discussed in greater detail in the country-specific AD Initiation
Checklists.
U.S. Price
For all countries, the petitioners based EP on the average unit
value (AUV) of publicly available import data; \40\ no adjustments were
made to the U.S. price before comparing it to NV.
---------------------------------------------------------------------------
\40\ See country-specific AD Initiation Checklists.
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Normal Value 41
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\41\ In accordance with section 773(b)(2) of the Act, for these
investigations, Commerce will request information necessary to
calculate the constructed value and cost of production (COP) to
determine whether there are reasonable grounds to believe or suspect
that sales of the foreign like product have been made at prices that
represent less than the COP of the product. Commerce no longer
requires a COP allegation to conduct this analysis.
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For Cambodia, Indonesia, Malaysia, Serbia, Thailand, and Turkey,
the petitioners were unable to obtain home market prices for mattresses
produced and sold in the subject countries. Therefore, for these
countries, the petitioners based NV on AUVs of publicly available
export data for exports of mattresses from the subject countries to
third countries.\42\ For each of the countries, the petitioners also
provided information showing that the AUVs were below the COP and,
therefore, the petitioners calculated NV based on constructed value
(CV).\43\
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\42\ See country-specific AD Initiation Checklists for Cambodia,
Indonesia, Malaysia, Serbia, Thailand, and Turkey.
\43\ Id.
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For further discussion of CV, see the section ``Normal Value Based
on Constructed Value.''
Commerce considers Vietnam to be an NME country.\44\ In accordance
with section 771(18)(C)(i) of the Act, any determination that a foreign
country is an NME country shall remain in effect until revoked by
Commerce. Therefore, we continue to treat Vietnam as an NME country for
purposes of the initiation of this investigation. Accordingly, NV in
Vietnam is appropriately based on factors of production (FOPs) valued
in a surrogate market economy country, in
[[Page 23006]]
accordance with section 773(c) of the Act.\45\
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\44\ See Certain Frozen Fish Fillets from the Socialist Republic
of Vietnam: Final Results, and Final Results of No Shipments of the
Antidumping Duty Administrative Review; 2016-2017, 84 FR 18007
(April 29, 2019).
\45\ See Vietnam AD Initiation Checklist.
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The petitioners claim that India is an appropriate surrogate
country for Vietnam because India is a market economy country that is
at a level of economic development comparable to that of Vietnam and it
is a significant producer of comparable merchandise.\46\ The
petitioners provided publicly available information from India to value
all FOPs. Based on the information provided by the petitioners, we
determine that it is appropriate to use India as a surrogate country
for initiation purposes.
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\46\ See Volume IX of the Petition at 2-4 and Exhibit IX-4.
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Interested parties will have the opportunity to submit comments
regarding surrogate country selection and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an opportunity to submit publicly
available information to value FOPs within 30 days before the scheduled
date of the preliminary determination.
Factors of Production
Because information regarding the volume of inputs consumed by
Vietnamese producers/exporters was not reasonably available, the
petitioners used their own product-specific consumption rates as a
surrogate to estimate Vietnamese manufacturers' FOPs.\47\ The
petitioners valued the estimated FOPs using surrogate values from
India.\48\ The petitioners calculated factory overhead, selling,
general and administrative expenses, and profit based on the experience
of an Indian producer of mattresses.\49\
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\47\ See Volume IX of the Petition at 5 and Exhibit IX-6; see
also Petitioners' Letter, ``Supplemental Petition Questionnaire,''
dated April 8, 2020, at Exhibits IX-Supp-5 and IX-Supp-10 (Vietnam
AD Supplement); Petitioners' Letter, ``Second Supplemental
Questionnaire on the Petition,'' dated April 13, 2020, at Exhibit
IX-Supp2-1 (Second Vietnam AD Supplement).
\48\ See Volume IX of the Petition at 5-6 and Exhibits IX-5 and
IX-7; see also Vietnam AD Supplement at 8-9 and Exhibits IX-Supp-5
and IX-Supp-10; Second Vietnam AD Supplement at Exhibit IX-Supp2-1.
\49\ See Volume IX of the Petition at 6-7 and Exhibit IX-10; see
also Vietnam AD Supplement at Exhibit IX-Supp-5 and IX-Supp-10;
Second Vietnam AD Supplement at Exhibit IX-Supp2-1.
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Normal Value Based on Constructed Value
As noted above, the petitioners demonstrated that the third country
export AUVs for Cambodia, Indonesia, Malaysia, Serbia, Thailand, and
Turkey were below COP. Accordingly, the petitioners based NV on CV.\50\
Pursuant to section 773(e) of the Act, the petitioners calculated CV as
the sum of the cost of manufacturing, selling, general, and
administrative expenses, financial expenses, and profit.\51\
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\50\ See country-specific AD Initiation Checklists for Cambodia,
Indonesia, Malaysia, Serbia, Thailand, and Turkey for details of
calculations.
\51\ Id.
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Fair Value Comparisons
Based on the data provided by the petitioners, there is reason to
believe that imports of mattresses from Cambodia, Indonesia, Malaysia,
Serbia, Thailand, Turkey, and Vietnam are being, or are likely to be,
sold in the United States at LTFV. Based on comparisons of EP or CEP,
as applicable, to NV in accordance with sections 772 and 773 of the
Act, the estimated dumping margins for mattresses for each of the
countries covered by this initiation are as follows: (1) Cambodia,
326.49-675.83 percent; (2) Indonesia, 213.44-429.74 percent; (3)
Malaysia, 42.92 percent; (4) Serbia, 57.37-183.16 percent; (5)
Thailand, 414.77-763.28 percent; (6) Turkey, 267.55-609.51 percent; and
(7) Vietnam, 481.72-989.90 percent.\52\
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\52\ Id.
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Initiation of LTFV Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating AD investigations to determine
whether imports of mattresses from Cambodia, Indonesia, Malaysia,
Serbia, Thailand, Turkey, and Vietnam are being, or are likely to be,
sold in the United States at LTFV. In accordance with section
733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless postponed, we
will make our preliminary determinations no later than 140 days after
the date of this initiation.
Respondent Selection
In the Petitions, the petitioners named 8 companies in Cambodia, 13
companies in Indonesia, 21 companies in Malaysia, 12 companies in
Serbia, 19 companies in Thailand, and 29 companies in Turkey \53\ as
producers/exporters of mattresses.
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\53\ See Volume I of the Petitions at page 22 and Exhibit I-7.
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Following standard practice in AD investigations involving market
economy countries, in the event Commerce determines that the number of
companies is large and that Commerce cannot individually examine each
company based upon Commerce's resources, where appropriate, Commerce
intends to select mandatory respondents in Cambodia, Indonesia,
Malaysia, Serbia, Thailand, and Turkey based on U.S. Customs and Border
Protection (CBP) data for U.S. imports under the appropriate Harmonized
Tariff Schedule of the United States numbers listed in the ``Scope of
the Investigations,'' in the appendix.
For each country, on April 14, 2020, Commerce released CBP data on
imports of mattresses to all parties with access to information
protected by Administrative Protective Order (APO) and indicated that
interested parties wishing to comment on the CBP data must do so within
three business days of the publication date of the notice of initiation
of these investigations.\54\ Commerce will not accept rebuttal comments
regarding the CBP data or respondent selection.
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\54\ See country-specific memoranda, ``Release of Customs Data
from U.S. Customs and Border Protection.''
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Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on Commerce's website at https://enforcement.trade.gove/apo.
With respect to Vietnam, the petitioners named 10 companies in
Vietnam as producers/exporters of mattresses.\55\ In accordance with
our standard practice for respondent selection in AD investigations
involving NME countries, Commerce selects respondents based on quantity
and value (Q&V) questionnaires in cases where it has determined that
the number of companies is large and it cannot individually examine
each company based upon its resources. Therefore, considering the
number of producers and exporters identified in the Petition, Commerce
will solicit Q&V information that can serve as a basis for selecting
exporters for individual examination in the event that Commerce decides
to limit the number of respondents individually examined pursuant to
section 777A(c)(2) of the Act. Given that there are 10 producers and
exporters identified in the Petition, Commerce has determined that it
will issue Q&V questionnaires to each potential respondent for which
the petitioners have provided a complete address.
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\55\ See Volume I of the Petition at Exhibit I-7.
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In addition, Commerce will post the Q&V questionnaire along with
filing instructions on Enforcement and Compliance's website at https://www.trade.gov/enforcement/news.asp. Producers/exporters of mattresses
from
[[Page 23007]]
Vietnam that do not receive Q&V questionnaires may still submit a
response to the Q&V questionnaire and can obtain a copy of the Q&V
questionnaire from Enforcement and Compliance's website. In accordance
with the standard practice for respondent selection in AD cases
involving NME countries, in the event Commerce decides to limit the
number of respondents individually investigated, Commerce intends to
base respondent selection on the responses to the Q&V questionnaire
that it receives.
Responses to the Q&V questionnaire must be submitted by the
relevant Vietnamese producers/exporters no later than 5:00 p.m. ET on
May 6, 2020. All Q&V questionnaire responses must be filed
electronically via ACCESS. An electronically filed document must be
received successfully, in its entirety, by ACCESS no later than 5:00
p.m. ET on the deadline noted above. Commerce intends to finalize its
decisions regarding respondent selection within 20 days of publication
of this notice.
Separate Rates
In order to obtain separate-rate status in an NME investigation,
exporters and producers must submit a separate-rate application.\56\
The specific requirements for submitting a separate-rate application in
a Vietnam investigation are outlined in detail in the application
itself, which is available on Commerce's website at https://enforcement.trade.gov/nme/nme-sep-rate.html. The separate-rate
application will be due 30 days after publication of this initiation
notice.\57\ Exporters and producers who submit a separate-rate
application and have been selected as mandatory respondents will be
eligible for consideration for separate-rate status only if they
respond to all parts of Commerce's AD questionnaire as mandatory
respondents. Commerce requires that companies from Vietnam submit a
response to both the Q&V questionnaire and the separate-rate
application by the respective deadlines in order to receive
consideration for separate-rate status. Companies not filing a timely
Q&V questionnaire response will not receive separate rate
consideration.
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\56\ See Policy Bulletin 05.1: Separate-Rates Practice and
Application of Combination Rates in Antidumping Investigation
involving NME Countries (April 5, 2005), available at https://enforcement.trade.gov/policy/bull05-1.pdf (Policy Bulletin 05.1).
\57\ Although in past investigations this deadline was 60 days,
consistent with 19 CFR 351.301(a), which states that ``the Secretary
may request any person to submit factual information at any time
during a proceeding,'' this deadline is now 30 days.
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Use of Combination Rates
Commerce will calculate combination rates for certain respondents
that are eligible for a separate rate in an NME investigation. The
Separate Rates and Combination Rates Bulletin states:
{w{time} hile continuing the practice of assigning separate
rates only to exporters, all separate rates that the Department will
now assign in its NME Investigation will be specific to those
producers that supplied the exporter during the period of
investigation. Note, however, that one rate is calculated for the
exporter and all of the producers which supplied subject merchandise
to it during the period of investigation. This practice applies both
to mandatory respondents receiving an individually calculated
separate rate as well as the pool of non-investigated firms
receiving the weighted-average of the individually calculated rates.
This practice is referred to as the application of ``combination
rates'' because such rates apply to specific combinations of
exporters and one or more producers. The cash-deposit rate assigned
to an exporter will apply only to merchandise both exported by the
firm in question and produced by a firm that supplied the exporter
during the period of investigation.\58\
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\58\ See Policy Bulletin 05.1 at 6 (emphasis added).
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Distribution of Copies of the AD Petitions
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the AD Petitions have been
provided to the governments of Cambodia, Indonesia, Malaysia, Serbia,
Thailand, Turkey, and Vietnam via ACCESS. To the extent practicable, we
will attempt to provide a copy of the public version of the AD
Petitions to each exporter named in the AD Petitions, as provided under
19 CFR 351.203(c)(2).
ITC Notification
We will notify the ITC of our initiation, as required by section
732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the AD Petitions were filed, whether there is a reasonable
indication that imports of mattresses from Cambodia, Indonesia,
Malaysia, Serbia, Thailand, Turkey, and/or Vietnam are materially
injuring, or threatening material injury to, a U.S. industry.\59\ A
negative ITC determination for any country will result in the
investigation being terminated with respect to that country.\60\
Otherwise, these AD investigations will proceed according to statutory
and regulatory time limits.
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\59\ See section 733(a) of the Act.
\60\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \61\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\62\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in these investigations.
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\61\ See 19 CFR 351.301(b).
\62\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation
Section 504 of the Trade Preferences Extension Act of 2015 amended
the Act by adding the concept of particular market situation (PMS) for
purposes of CV under section 773(e) of the Act.\63\ Section 773(e) of
the Act states that ``if a particular market situation exists such that
the cost of materials and fabrication or other processing of any kind
does not accurately reflect the cost of production in the ordinary
course of trade, the administering authority may use another
calculation methodology under this subtitle or any other calculation
methodology.'' When an interested party submits a PMS allegation
pursuant to section 773(e) of the Act, Commerce will respond to such a
submission consistent with 19 CFR 351.301(c)(2)(v). If Commerce finds
that a PMS exists under section 773(e) of the Act, then it will modify
its dumping calculations appropriately.
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\63\ See Trade Preferences Extension Act of 2015, Public Law
114-27, 129 Stat. 362 (2015).
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Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v),
sets a deadline for the submission of PMS allegations and supporting
factual information. However, in order to administer section 773(e) of
the Act, Commerce must
[[Page 23008]]
receive PMS allegations and supporting factual information with enough
time to consider the submission. Thus, should an interested party wish
to submit a PMS allegation and supporting new factual information
pursuant to section 773(e) of the Act, it must do so no later than 20
days after submission of a respondent's initial section D questionnaire
response.
Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301. For submissions that are due
from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, we may elect to specify a different time
limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, we will inform parties in a letter or memorandum of the
deadline (including a specified time) by which extension requests must
be filed to be considered timely. An extension request must be made in
a separate, stand-alone submission; under limited circumstances we will
grant untimely-filed requests for the extension of time limits. Parties
should review Extension of Time Limits; Final Rule, 78 FR 57790
(September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information
in these investigations.
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\64\
Parties must use the certification formats provided in 19 CFR
351.303(g).\65\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\64\ See section 782(b) of the Act.
\65\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to
frequently asked questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce
published Antidumping and Countervailing Duty Proceedings: Documents
Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008).
Parties wishing to participate in these investigations should ensure
that they meet the requirements of these procedures (e.g., the filing
of letters of appearance as discussed at 19 CFR 351.103(d)). Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
May 19, 2020, unless extended.\66\
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\66\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 17006 (March 26, 2020).
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This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: April 20, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix--Scope of the Investigations
The products covered by these investigations 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 these investigations is restricted to only ``adult
mattresses'' and ``youth mattresses.'' ``Adult mattresses'' are
frequently described as ``twin,'' ``extra-long twin,'' ``full,''
``queen,'' ``king,'' or ``California king'' mattresses. ``Youth
mattresses'' are typically described as ``crib,'' ``toddler,'' or
``youth'' mattresses. All adult and youth mattresses are included
regardless of size or 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 these investigations 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 these investigations 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
upholstered, integrated into the design and construction of, and
inseparable from, the furniture framing, and the outermost layer of
the multifunctional furniture converts into the sleeping surface.
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.
Also excluded from the scope of these investigations are any
products covered by the existing antidumping duty orders on
uncovered innerspring units from China or Vietnam. See Uncovered
Innerspring Units from the People's Republic of China: Notice of
Antidumping Duty Order, 74 FR 7661 (Feb. 19, 2009); Uncovered
Innerspring Units From the Socialist Republic of Vietnam, 73 FR
75391 (Dec. 11, 2008).
Also excluded from the scope of these investigations are
bassinet pads with a nominal length of less than 39 inches, a
nominal width less than 25 inches, and a nominal depth of less than
2 inches.
Additionally, also excluded from the scope of these
investigations are ``mattress
[[Page 23009]]
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
nominal height of four inches or less.
The products subject to these investigations are currently
properly classifiable under HTSUS subheadings: 9404.21.0010,
9404.21.0013, 9404.29.1005, 9404.29.1013, 9404.29.9085, and
9404.29.9087. Products subject to these investigations 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 these
investigations is dispositive.
[FR Doc. 2020-08758 Filed 4-23-20; 8:45 am]
BILLING CODE 3510-DS-P
