Mattresses From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination, 56216-56219 [2020-20073]
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Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices
Commerce conducted these sunset
reviews on an expedited basis, pursuant
to section 751(c)(3)(B) of the Act and 19
CFR 351.218(e)(1)(ii)(C)(2) because it
received timely and adequate notices of
intent to participate in the sunset
reviews and substantive responses from
domestic interested parties,3 but no
substantive responses from respondent
interested parties. As a result of its
reviews, Commerce determined,
pursuant to sections 751(c)(1) and
752(b) and (c) of the Act, that revocation
of the Orders would likely lead to
continuation or recurrence of a
countervailable subsidy and dumping,
as applicable. Commerce also notified
the ITC of the magnitude of the subsidy
rates and dumping margins likely to
prevail should the Orders be revoked.4
On September 4, the ITC published its
determination, pursuant to sections
751(c) and 752(a) of the Act, that
revocation of the Orders would be likely
to lead to continuation or recurrence of
material injury to an industry in the
United States within a reasonably
foreseeable time.5
Scope of the Orders
The merchandise covered by these
Orders is crystalline silicon
photovoltaic products from China and
Taiwan. Merchandise covered by the
Orders is currently classified in the
Harmonized Tariff Schedule of the
United States (HTSUS) under
subheadings 8501.61.0000,
8507.20.8030, 8507.20.8040,
8507.20.8060, 8507.20.8090,
8541.40.60.15, 8541.40.6020,
8541.40.6030, 8541.40.60.35 and
Silicon Photovoltaic Products from China and
Taiwan; Institution of Five-Year Reviews, 85 FR 120
(January 2, 2020).
3 See Domestic Interested Parties’ Letters,
‘‘Crystalline Silicon Photovoltaic Products from
China and Taiwan: Intent to Participate in Sunset
Reviews,’’ dated January 13, 2020; ‘‘Crystalline
Silicon Photovoltaic Products from People Republic
of China and Taiwan: Hanwha Q CELLS USA, Inc.’s
Notice of Intent to Participate in Sunset Reviews,’’
dated January 17, 2020; ‘‘Crystalline Silicon
Photovoltaic Products from China and Taiwan
Sunset Reviews: Substantive Response of SPMOR,’’
dated February 3, 2020; and ‘‘Certain Crystalline
Silicon Photovoltaic Products from China and
Taiwan, Inv. Nos. 701–TA–511 and 731–TA–1246
and 1247 (1st Sunset Review); Hanwha Q CELLS
USA, Inc.’s Substantive Response,’’ dated February
3, 2020.
4 See Crystalline Silicon Photovoltaic Products
from the People’s Republic of China and Taiwan:
Final Results of the Expedited First Sunset Reviews
of the Antidumping Duty Orders, 85 FR 26938 (May
6, 2020); and Certain Crystalline Silicon
Photovoltaic Products from the People’s Republic of
China: Final Results of the Expedited Sunset
Review of the Countervailing Duty Order, 85 FR
26929 (May 6, 2020) (collectively, Final Results).
5 See Crystalline Silicon Photovoltaic Products
from China and Taiwan: Sunset Review,
Investigation Nos. 701–TA–511 and 731–TA–1246–
1247, 85 FR 55319 (September 4, 2020).
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8501.31.8000. These HTSUS
subheadings are provided for
convenience and customs purposes; the
written description of the scope of the
Orders is dispositive.6
Continuation of the Orders
As a result of the determinations by
Commerce and the ITC that revocation
of the Orders would likely lead to
continuation or recurrence of a
countervailable subsidy and dumping,
as applicable, and material injury to an
industry in the United States, pursuant
to section 751(d)(2) of the Act and 19
CFR 351.218(a), Commerce hereby
orders the continuation of the AD and
CVD orders on crystalline silicon
photovoltaic products from China and
the AD order on crystalline silicon
photovoltaic products from Taiwan.
U.S. Customs and Border Protection will
continue to collect AD and CVD cash
deposits at the rates in effect at the time
of entry for all imports of subject
merchandise. The effective date of the
continuation of the Orders will be the
date of publication in the Federal
Register of this notice of continuation.
Pursuant to section 751(c)(2) of the Act
and 19 CFR 351.218(c)(2), Commerce
intends to initiate the next sunset
review of the Orders not later than 30
days prior to the fifth anniversary of the
effective date of continuation.
Notification to Interested Parties
These five-year sunset reviews and
this notice are in accordance with
sections 751(c) and 751(d)(2) of the Act
and this notice is published pursuant to
section 777(i)(1) of the Act and 19 CFR
351.218(f)(4).
Dated: September 4, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2020–20076 Filed 9–10–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–128]
Mattresses From the People’s Republic
of China: Preliminary Affirmative
Countervailing Duty Determination,
and Alignment of Final Determination
With Final Antidumping Duty
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
6 For a complete description of the scope of the
Orders, see Final Results.
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The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers and exporters of
mattresses from the People’s Republic of
China. The period of investigation is
January 1, 2019 through December 31,
2019. Interested parties are invited to
comment on this preliminary
determination.
SUMMARY:
DATES:
Applicable September 11, 2020.
FOR FURTHER INFORMATION CONTACT:
Theodore Pearson or Mary Kolberg, AD/
CVD Operations, Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–2631 or (202) 482–1785,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on April 24, 2020.1 On June 10, 2020,
Commerce postponed the preliminary
determination of this investigation to
August 28, 2020. For a complete
description of the events that followed
the initiation of this investigation, see
the Preliminary Decision
Memorandum.2 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. The signed and
electronic versions of the Preliminary
Decision Memorandum are identical in
content.
Scope of the Investigation
The products covered by this
investigation are mattresses from the
People’s Republic of China. For a
complete description of the scope of this
investigation, see Appendix I.
1 See Mattresses from the People’s Republic of
China: Initiation of Countervailing Duty
Investigation, 85 FR 22998 (April 24, 2020)
(Initiation Notice).
2 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination of the
Countervailing Duty Investigation of Mattresses
from the People’s Republic of China,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices
Scope Comments
In accordance with the preamble to
Commerce’s regulations,3 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).4 Certain interested
parties commented on the scope of the
investigation as it appeared in the
Initiation Notice.5 Commerce intends to
issue its preliminary decision regarding
comments concerning the scope of the
antidumping duty (AD) and CVD
investigations in the preliminary
determinations of the concurrent AD
investigations.
Methodology
Commerce is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable,
Commerce preliminarily determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.6
Commerce notes that, in making these
findings, it relied on facts available and,
because it finds that necessary
information was missing from the
record and because respondents did not
act to the best of their ability to respond
to Commerce’s request for information,
it drew adverse inferences in selecting
from among the facts otherwise
available. For further information, see
‘‘Use of Facts Otherwise Available and
Adverse Inferences’’ in the Preliminary
Decision Memorandum.
Alignment
In accordance with section 705(a)(1)
of the Act and 19 CFR 351.210(b)(4),
and based on the petitioner’s request,
we are aligning the final CVD
determination in this investigation with
the final determinations in the
concurrent AD investigations of
mattresses from Cambodia, Indonesia,
Malaysia, Serbia, Thailand, the Republic
of Turkey, and the Socialist Republic of
Vietnam.7 Consequently, the final CVD
determination will be issued on the
same date as the final AD
determinations, which are currently
scheduled to be issued no later than
January 11, 2021, unless postponed.
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of
the Act provide that in the preliminary
determination, Commerce shall
determine an estimated all-others rate
for companies not individually
examined. This rate shall be an amount
equal to the weighted average of the
estimated subsidy rates established for
those companies individually
examined, excluding any zero and de
minimis rates and any rates based
entirely under section 776 of the Act.
Pursuant to section 705(c)(5)(A)(ii) of
the Act, if the individual estimated
countervailable subsidy rates
established for all exporters and
producers individually examined are
zero, de minimis, or determined based
entirely on facts otherwise available,
Commerce may use any reasonable
method to establish the estimated
subsidy rate for all other producers or
exporters. In this investigation, all rates
are based entirely on facts available,
pursuant to section 776 of the Act.
Accordingly, we find under ‘‘any
reasonable method’’ to rely on a simple
average of the total AFA rates computed
for the non-responsive companies as the
all-others rate in this preliminary
determination. For a full description of
the methodology underlying
Commerce’s analysis, see the
Preliminary Decision Memorandum.
Preliminary Determination
Commerce preliminarily determines
that the following estimated
countervailable subsidy rates exist:
Estimated
countervailable
subsidy rate
(percent)
Company
Kewei Furniture Co Ltd ..................................................................................................................................................................
Zinus Xiamen .................................................................................................................................................................................
Ningbo Megafeat Bedding Co., Ltd./Megafeat Bedding Co Ltd ....................................................................................................
Healthcare Co. Ltd .........................................................................................................................................................................
All Others .......................................................................................................................................................................................
Suspension of Liquidation
In accordance with section
703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and
Border Protection (CBP) to suspend
liquidation of entries of subject
merchandise as described in the scope
of the investigation section entered, or
3 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
4 See Initiation Notice.
5 See Cozy Comfort LLC’s Letter, ‘‘Mattresses from
Cambodia, Indonesia, Malaysia, the People’s
Republic of China, Serbia, Thailand, the Republic
of Turkey, and the Socialist Republic of Vietnam;
Comments on the Scope of the Less-Than-FairValue and Countervailing Duty Investigations,’’
dated May 26, 2020; see also Night & Day Furniture
LLC’s Letter, ‘‘Mattresses from Cambodia, China,
Indonesia, Malaysia, Serbia, Thailand, Turkey, and
Vietnam,’’ dated May 26, 2020; Target General
Merchandise, Inc.’s Letter, ‘‘Mattresses from
Cambodia, Indonesia, Malaysia, Serbia, Thailand,
the Republic of Turkey, the Socialist Republic of
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97.78
97.78
97.78
97.78
97.78
withdrawn from warehouse, for
consumption on or after the date of
publication of this notice in the Federal
Register. Further, pursuant to 19 CFR
351.205(d), Commerce will instruct CBP
to require a cash deposit equal to the
rates indicated above.
Disclosure
Vietnam and the People’s Republic of China: Scope
Comments,’’ dated May 26, 2020; Brooklyn
Bedding’s, Corsicana Mattress Company’s Elite
Comfort Solutions’, FXI, Inc.’s, Innocor, Inc.’s,
Kolcraft Enterprises, Inc.’s, Leggett & Platt,
Incorporated’s, the International Brotherhood of
Teamsters’, and United Steel, Paper, and Forestry,
Rubber, Manufacturing, Energy, Allied Industrial
and Service Workers International Union’s, AFL–
CIO’s (USW) (collectively, the petitioners) Letter,
‘‘Mattresses from Cambodia, China, Indonesia,
Malaysia, Serbia, Thailand, Turkey, and Vietnam:
Mattress Petitioner’s Scope Rebuttal Comments,’’
dated June 5, 2020; and Cozy Comfort LLC’s Letter,
‘‘Mattresses from Cambodia, Indonesia, Malaysia,
the People’s Republic of China, Serbia, Thailand,
the Republic of Turkey, and the Socialist Republic
of Vietnam: Rebuttal Comments on the Scope of the
Less-Than-Fair Value and Countervailing Duty
Investigation,’’ dated June 5, 2020.
6 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
7 These AD investigations were initiated at the
same time as this CVD investigation. In addition,
the AD investigations and this CVD investigation
cover the same class or kind of merchandises. See
Initiation Notice; see also Mattresses from
Cambodia, Indonesia, Malaysia, Serbia, Thailand,
the Republic of Turkey, and the Socialist Republic
of Vietnam: Initiation of Less-Than-Fair-Value
Investigations, 85 FR 23002 (April 24, 2020).
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Normally, Commerce discloses its
calculations performed in connection
with the preliminary determination to
interested parties within five days of its
public announcement, or if there is no
public announcement, within five days
of the date of publication of this notice
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in accordance with 19 CFR 351.224(b).
However, because Commerce
preliminarily applied total AFA rates in
the calculation of the benefit for the
non-responsive companies, and the
applied AFA rates are based on rates
calculated in prior proceedings, there
are no calculations to disclose.
preliminary determination or 45 days
after the final determination.
Verification
Because the examined respondents in
this investigation did not provide
information requested by Commerce
and Commerce preliminarily determines
each of the examined respondents to
have been uncooperative, it will not
conduct verification.
Dated: August 28, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than 50 days after
the date of publication of the
preliminary determination. Rebuttal
briefs, limited to issues raised in case
briefs, may be submitted no later than
five days after the deadline date for case
briefs.8 Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in
this investigation are encouraged to
submit with each argument: (1) A
statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined. Parties should
confirm by telephone the date, and time
of the hearing two days before the
scheduled date.
International Trade Commission
Notification
In accordance with section 703(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its determination. If the final
determination is affirmative, the ITC
will make its determination before the
later of 120 days after the date of this
8 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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Notification to Interested Parties
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act and 19 CFR
351.205(c).
Appendix I—Scope of the Investigation
The products covered by this investigation
are all types of youth and adult mattresses.
The term ‘‘mattress’’ denotes an assembly of
materials that at a minimum includes a
‘‘core,’’ which provides the main support
system of the mattress, and may consist of
innersprings, foam, other resilient filling, or
a combination of these materials. Mattresses
may also contain (1) ‘‘upholstery,’’ the
material between the core and the top panel
of the ticking on a single-sided mattress, or
between the core and the top and bottom
panel of the ticking on a double-sided
mattress; and/or (2) ‘‘ticking,’’ the outermost
layer of fabric or other material (e.g., vinyl)
that encloses the core and any upholstery,
also known as a cover.
The scope of this investigation is restricted
to only ‘‘adult mattresses’’ and ‘‘youth
mattresses.’’ ‘‘Adult mattresses’’ 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,’’
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‘‘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
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
Harmonized Tariff Schedule of the United
States (HTSUS) subheadings: 9404.21.0010,
9404.21.0013, 9404.29.1005, 9404.29.1013,
9404.29.9085, and 9404.29.9087. Products
subject to this investigation may also enter
under HTSUS subheadings: 9404.21.0095,
9404.29.1095, 9404.29.9095, 9401.40.0000,
and 9401.90.5081. Although the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the merchandise subject to this
investigation is dispositive.
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Appendix II—List of Topics Discussed
in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Use of Facts Available and Adverse
Inferences
VI. Analysis of Programs
VII. Calculation of the All-Others Rate
VIII. Recommendation
[FR Doc. 2020–20073 Filed 9–10–20; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA471]
Marine Mammals; File No. 22629
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of permit.
AGENCY:
Notice is hereby given that a
permit has been issued to Mystic
Aquarium (Responsible Party: Stephen
M. Coan, Ph.D.) to import five beluga
whales (Delphinapterus leucas) for
scientific research.
ADDRESSES: The permit and related
documents are available online at
https://www.fisheries.noaa.gov/action/
permit-application-import-5-belugawhales-scientific-research-file-no-22629mystic-aquarium.
FOR FURTHER INFORMATION CONTACT:
Amy Sloan (amy.sloan@noaa.gov),
Courtney Smith (courtney.smith@
noaa.gov), or Jennifer Skidmore
(jennifer.skidmore@noaa.gov), (301)
427–8401.
SUPPLEMENTARY INFORMATION: On
October 1, 2019, notice was published
in the Federal Register (84 FR 52072)
that a request for a permit to import five
beluga whales for scientific research had
been submitted by the above-named
applicant. A public hearing on this
action was held on November 18, 2019
(84 FR 58694). The requested permit has
been issued under the authority of the
Marine Mammal Protection Act of 1972,
as amended (16 U.S.C. 1361 et seq.) and
the regulations governing the taking and
importing of marine mammals (50 CFR
part 216).
The permit authorizes the importation
of five captive-born beluga whales from
Marineland of Canada (Niagara Falls,
Ontario, Canada) to Mystic Aquarium
(Mystic, Connecticut, United States).
SUMMARY:
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The beluga whales were born at
Marineland of Canada and NMFS
considers one of the beluga whales to be
a member of the depleted Sakhalin BayNikolaya Bay-Amur River stock, because
both parents are likely from the
depleted stock. Four of the whales have
mixed-stock parentage (i.e., one parent
likely from the depleted stock and the
other from a stock that has not been
designated as depleted). For purposes of
this permit application, NMFS has
treated all five whales as depleted.
The purpose of the research is to
contribute knowledge and inform
management and recovery of beluga
whale populations in the wild including
the endangered Cook Inlet beluga whale
distinct population segment and the
depleted Sakhalin Bay-Nikolaya BayAmur River beluga whale stock.
Research authorized includes the
following Studies: (1)
Neuroimmunological response to
environmental and anthropogenic
stressors; (2) Development of novel noninvasive techniques to assess health in
free-ranging, stranded and endangered
beluga whales; (3) Hearing and
physiological response to anthropogenic
sound; (4) Photogrammetry body
condition studies; (5) Diving
physiology; (6) Microbiome; and (8)
Testing of prototype telemetry and
imaging devices before deployment on
wild beluga whales. The permit does
not authorize Study 7 (Behavioral and
reproduction studies) including
breeding of any of the imported beluga
whales but includes reproductive
monitoring as part of husbandry
activities. Mystic Aquarium must
submit a plan to provide safe and
effective contraception or other means
to prevent breeding of the five subject
beluga whales, for approval by the
Office Director prior to importation.
Consistent with other research
permits authorizing captive
maintenance, the permit is conditioned
to require approval by the Office
Director for any transfer or transport of
the imported whales, including any
transport to the Georgia Aquarium, and
disposition of the whales at the
termination of research. Consistent with
NMFS’ regulations, public display is
authorized incidental to the research.
This incidental public display must not
interfere with the research and must
occur as part of an educational program
describing the status of the species and
its endangered and depleted stocks. The
animals may not be used in public
interactive programs or be trained for
performance. Public demonstrations in
which the whales perform trained
husbandry, medical, research-related,
and natural behaviors are authorized.
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The permit is valid through August 31,
2025.
An Environmental Assessment (EA)
was prepared analyzing the effects of
the permitted activities on the human
environment in compliance with the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
Based on the analyses in the EA,
NMFS determined that issuance of the
permit would not significantly impact
the quality of the human environment
and that preparation of an
environmental impact statement was
not required. That determination is
documented in a Finding of No
Significant Impact (FONSI), signed on
August 27, 2020.
Dated: September 8, 2020.
Julia Marie Harrison,
Chief, Permits and Conservation Division,
Office of Protected Resources, National
Marine Fisheries Service.
[FR Doc. 2020–20061 Filed 9–10–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Evaluation of National Estuarine
Research Reserve; Public Meeting;
Request for Comments
Office for Coastal Management
(OCM), National Ocean Service (NOS),
National Oceanic and Atmospheric
Administration (NOAA), Department of
Commerce (DOC).
ACTION: Notice of public meeting and
opportunity to comment.
AGENCY:
The National Oceanic and
Atmospheric Administration (NOAA),
Office for Coastal Management will hold
a public meeting to solicit comments on
the performance evaluation of the
Delaware National Estuarine Research
Reserve.
SUMMARY:
NOAA will consider all written
comments received by October 23, 2020.
A virtual public meeting will be held on
Wednesday, October 14, 2020 at 12 p.m.
EDT.
ADDRESSES: You may submit written
comments on the national estuarine
research reserve NOAA intends to
evaluate by emailing Carrie Hall,
Evaluator, NOAA Office for Coastal
management at Carrie.Hall@noaa.gov.
Timely comments received by the Office
for Coastal Management are considered
part of the public record and may be
publicly accessible. Any personal
information (e.g., name, address)
submitted voluntarily by the sender may
DATES:
E:\FR\FM\11SEN1.SGM
11SEN1
]]>Agencies
[Federal Register Volume 85, Number 177 (Friday, September 11, 2020)]
[Notices]
[Pages 56216-56219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20073]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-128]
Mattresses From the People's Republic of China: Preliminary
Affirmative Countervailing Duty Determination, and Alignment of Final
Determination With Final Antidumping Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that countervailable subsidies are being provided to producers and
exporters of mattresses from the People's Republic of China. The period
of investigation is January 1, 2019 through December 31, 2019.
Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable September 11, 2020.
FOR FURTHER INFORMATION CONTACT: Theodore Pearson or Mary Kolberg, AD/
CVD Operations, Office I, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-2631 or (202)
482-1785, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on April 24,
2020.\1\ On June 10, 2020, Commerce postponed the preliminary
determination of this investigation to August 28, 2020. For a complete
description of the events that followed the initiation of this
investigation, see the Preliminary Decision Memorandum.\2\ A list of
topics discussed in the Preliminary Decision Memorandum is included as
Appendix II to this notice. The Preliminary Decision Memorandum is a
public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov. The signed and electronic versions of the
Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\1\ See Mattresses from the People's Republic of China:
Initiation of Countervailing Duty Investigation, 85 FR 22998 (April
24, 2020) (Initiation Notice).
\2\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination of the Countervailing Duty Investigation of Mattresses
from the People's Republic of China,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are mattresses from the
People's Republic of China. For a complete description of the scope of
this investigation, see Appendix I.
[[Page 56217]]
Scope Comments
In accordance with the preamble to Commerce's regulations,\3\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\4\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice.\5\ Commerce intends to issue its preliminary
decision regarding comments concerning the scope of the antidumping
duty (AD) and CVD investigations in the preliminary determinations of
the concurrent AD investigations.
---------------------------------------------------------------------------
\3\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\4\ See Initiation Notice.
\5\ See Cozy Comfort LLC's Letter, ``Mattresses from Cambodia,
Indonesia, Malaysia, the People's Republic of China, Serbia,
Thailand, the Republic of Turkey, and the Socialist Republic of
Vietnam; Comments on the Scope of the Less-Than-Fair-Value and
Countervailing Duty Investigations,'' dated May 26, 2020; see also
Night & Day Furniture LLC's Letter, ``Mattresses from Cambodia,
China, Indonesia, Malaysia, Serbia, Thailand, Turkey, and Vietnam,''
dated May 26, 2020; Target General Merchandise, Inc.'s Letter,
``Mattresses from Cambodia, Indonesia, Malaysia, Serbia, Thailand,
the Republic of Turkey, the Socialist Republic of Vietnam and the
People's Republic of China: Scope Comments,'' dated May 26, 2020;
Brooklyn Bedding's, Corsicana Mattress Company's Elite Comfort
Solutions', FXI, Inc.'s, Innocor, Inc.'s, Kolcraft Enterprises,
Inc.'s, Leggett & Platt, Incorporated's, the International
Brotherhood of Teamsters', and United Steel, Paper, and Forestry,
Rubber, Manufacturing, Energy, Allied Industrial and Service Workers
International Union's, AFL-CIO's (USW) (collectively, the
petitioners) Letter, ``Mattresses from Cambodia, China, Indonesia,
Malaysia, Serbia, Thailand, Turkey, and Vietnam: Mattress
Petitioner's Scope Rebuttal Comments,'' dated June 5, 2020; and Cozy
Comfort LLC's Letter, ``Mattresses from Cambodia, Indonesia,
Malaysia, the People's Republic of China, Serbia, Thailand, the
Republic of Turkey, and the Socialist Republic of Vietnam: Rebuttal
Comments on the Scope of the Less-Than-Fair Value and Countervailing
Duty Investigation,'' dated June 5, 2020.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found
countervailable, Commerce preliminarily determines that there is a
subsidy, i.e., a financial contribution by an ``authority'' that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\6\
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\6\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Commerce notes that, in making these findings, it relied on facts
available and, because it finds that necessary information was missing
from the record and because respondents did not act to the best of
their ability to respond to Commerce's request for information, it drew
adverse inferences in selecting from among the facts otherwise
available. For further information, see ``Use of Facts Otherwise
Available and Adverse Inferences'' in the Preliminary Decision
Memorandum.
Alignment
In accordance with section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), and based on the petitioner's request, we are aligning
the final CVD determination in this investigation with the final
determinations in the concurrent AD investigations of mattresses from
Cambodia, Indonesia, Malaysia, Serbia, Thailand, the Republic of
Turkey, and the Socialist Republic of Vietnam.\7\ Consequently, the
final CVD determination will be issued on the same date as the final AD
determinations, which are currently scheduled to be issued no later
than January 11, 2021, unless postponed.
---------------------------------------------------------------------------
\7\ These AD investigations were initiated at the same time as
this CVD investigation. In addition, the AD investigations and this
CVD investigation cover the same class or kind of merchandises. See
Initiation Notice; see also Mattresses from Cambodia, Indonesia,
Malaysia, Serbia, Thailand, the Republic of Turkey, and the
Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value
Investigations, 85 FR 23002 (April 24, 2020).
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All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that in the
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. This rate shall be
an amount equal to the weighted average of the estimated subsidy rates
established for those companies individually examined, excluding any
zero and de minimis rates and any rates based entirely under section
776 of the Act.
Pursuant to section 705(c)(5)(A)(ii) of the Act, if the individual
estimated countervailable subsidy rates established for all exporters
and producers individually examined are zero, de minimis, or determined
based entirely on facts otherwise available, Commerce may use any
reasonable method to establish the estimated subsidy rate for all other
producers or exporters. In this investigation, all rates are based
entirely on facts available, pursuant to section 776 of the Act.
Accordingly, we find under ``any reasonable method'' to rely on a
simple average of the total AFA rates computed for the non-responsive
companies as the all-others rate in this preliminary determination. For
a full description of the methodology underlying Commerce's analysis,
see the Preliminary Decision Memorandum.
Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
------------------------------------------------------------------------
Estimated
countervailable
Company subsidy rate
(percent)
------------------------------------------------------------------------
Kewei Furniture Co Ltd............................... 97.78
Zinus Xiamen......................................... 97.78
Ningbo Megafeat Bedding Co., Ltd./Megafeat Bedding Co 97.78
Ltd.................................................
Healthcare Co. Ltd................................... 97.78
All Others........................................... 97.78
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation section entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d),
Commerce will instruct CBP to require a cash deposit equal to the rates
indicated above.
Disclosure
Normally, Commerce discloses its calculations performed in
connection with the preliminary determination to interested parties
within five days of its public announcement, or if there is no public
announcement, within five days of the date of publication of this
notice
[[Page 56218]]
in accordance with 19 CFR 351.224(b). However, because Commerce
preliminarily applied total AFA rates in the calculation of the benefit
for the non-responsive companies, and the applied AFA rates are based
on rates calculated in prior proceedings, there are no calculations to
disclose.
Verification
Because the examined respondents in this investigation did not
provide information requested by Commerce and Commerce preliminarily
determines each of the examined respondents to have been uncooperative,
it will not conduct verification.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than 50
days after the date of publication of the preliminary determination.
Rebuttal briefs, limited to issues raised in case briefs, may be
submitted no later than five days after the deadline date for case
briefs.\8\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in this investigation are
encouraged to submit with each argument: (1) A statement of the issue;
(2) a brief summary of the argument; and (3) a table of authorities.
---------------------------------------------------------------------------
\8\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, and time of
the hearing two days before the scheduled date.
International Trade Commission Notification
In accordance with section 703(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its determination. If the
final determination is affirmative, the ITC will make its determination
before the later of 120 days after the date of this preliminary
determination or 45 days after the final determination.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: August 28, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The products covered by this investigation are all types of
youth and adult mattresses. The term ``mattress'' denotes an
assembly of materials that at a minimum includes a ``core,'' which
provides the main support system of the mattress, and may consist of
innersprings, foam, other resilient filling, or a combination of
these materials. Mattresses may also contain (1) ``upholstery,'' the
material between the core and the top panel of the ticking on a
single-sided mattress, or between the core and the top and bottom
panel of the ticking on a double-sided mattress; and/or (2)
``ticking,'' the outermost layer of fabric or other material (e.g.,
vinyl) that encloses the core and any upholstery, also known as a
cover.
The scope of this investigation is restricted to only ``adult
mattresses'' and ``youth mattresses.'' ``Adult mattresses'' 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 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 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 Harmonized Tariff Schedule of the United
States (HTSUS) subheadings: 9404.21.0010, 9404.21.0013,
9404.29.1005, 9404.29.1013, 9404.29.9085, and 9404.29.9087. Products
subject to this investigation may also enter under HTSUS
subheadings: 9404.21.0095, 9404.29.1095, 9404.29.9095, 9401.40.0000,
and 9401.90.5081. Although the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the
merchandise subject to this investigation is dispositive.
[[Page 56219]]
Appendix II--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Use of Facts Available and Adverse Inferences
VI. Analysis of Programs
VII. Calculation of the All-Others Rate
VIII. Recommendation
[FR Doc. 2020-20073 Filed 9-10-20; 8:45 am]
BILLING CODE P
