Mattresses From Malaysia: Final Affirmative Determination of Sales at Less Than Fair Value, 15901-15903 [2021-06187]
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Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Notices
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,’’ ‘‘sofabeds,’’ ‘‘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
(February 19, 2009); Antidumping Duty
Order: Uncovered Innerspring Units from the
Socialist Republic of Vietnam, 73 FR 75391
(December 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 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.
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Changes From the Preliminary
Determination
V. Discussion of the Issues
Comment 1: Zinus’ Reporting of
Constructed Export Price (CEP)
Inventory Sales
Comment 2: Zinus’ Reporting of Sales
Deductions
Comment 3: Transactions Disregarded
Adjustments
Comment 4: Financial Statements Used To
Value Constructed Value (CV) Profit and
Selling Expenses
Comment 5: Startup Adjustment
Comment 6: Region in Cohen’s d Test
Comment 7: Level of Trade (LOT) in
Cohens d Test
Comment 8: Treatment of Intra-Company
Payments
Comment 9: Clerical Error Corrections
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17:52 Mar 24, 2021
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VI. Recommendation
[FR Doc. 2021–06195 Filed 3–24–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–557–818]
Mattresses From Malaysia: Final
Affirmative Determination of Sales at
Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that imports of
mattresses from Malaysia are being, or
are likely to be, sold in the United States
at less than fair value (LTFV). The
period of investigation is January 1,
2019, through December 31, 2019.
DATES: Applicable March 25, 2021.
FOR FURTHER INFORMATION CONTACT:
Dennis McClure, AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-5973.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On November 3, 2020, Commerce
published in the Federal Register the
Preliminary Determination of sales at
LTFV of mattresses from Malaysia and
invited interested parties to comment.1
Commerce established a deadline of
November 24, 2020 for the submission
of case briefs in response to the
Preliminary Determination. No case
briefs were submitted. As no parties
filed comments and no facts have
changed, we have made no changes to
the Preliminary Determination in this
final determination, and, therefore,
there is no unpublished Issues and
Decision Memorandum accompanying
this notice.
Scope of the Investigation
The products covered by this
investigation are mattresses from
Malaysia. For a full description of the
scope of this investigation, see the
‘‘Scope of the Investigation,’’ in the
Appendix to this notice.
1 See Mattresses from Malaysia: Preliminary
Affirmative Determination of Sales at Less Than
Fair Value, Postponement of Final Determination,
and Extension of Provisional Measures, 85 FR
69574–69575 (November 3, 2020) (Preliminary
Determination), and accompanying Preliminary
Decision Memorandum (PDM).
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Sfmt 4703
15901
Scope Comments
In Commerce’s Preliminary Scope
Decision Memorandum, we set aside a
period of time for parties to raise issues
regarding product coverage (i.e., scope)
in scope case briefs or other written
comments on scope issues.2 Certain
interested parties commented on the
scope of the investigation as it appeared
in the Preliminary Scope Decision
Memorandum, unchanged from the
Initiation Notice.3 For a summary of the
product coverage comments and
rebuttal responses submitted to the
record for this final determination, and
accompanying discussion and analysis
of all comments timely received, see the
Final Scope Memorandum.4 In the Final
Scope Memorandum, Commerce
determined that it is not modifying the
scope language as it appeared in the
Initiation Notice. See the scope in the
appendix to this notice.
Verification
As stated in the Preliminary
Determination, two of the mandatory
respondents, Delandis Furniture (M)
Sdn Bhd (Delandis) and Vision Foam
Ind. Sdn Bhd. (Vision Foam), did not
participate in the investigation and a
third mandatory respondent, Far East
Foam Industries Sdn Bhd (Far East
Foam), discontinued its participation in
the investigation.5 Accordingly,
Commerce based the Preliminary
Determination on total adverse facts
available (AFA), and did not conduct
verification under section 782(i) of the
Tariff Act of 1930, as amended (the Act).
Use of Adverse Facts Available
The mandatory respondents Delandis,
Vision Foam, and Far East Foam failed
to cooperate in this investigation.6
Therefore, in the Preliminary
Determination, pursuant to sections
776(a)(1), 776(a)(2)(A)–(C), and 776(b) of
the Act, we assigned to Delandis, Vision
Foam and Far East Foam an estimated
2 See Memorandum, ‘‘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
Decision Memorandum for the Preliminary
Determination,’’ dated October 27, 2020
(Preliminary Scope Decision Memorandum).
3 See 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) (Initiation Notice).
4 See Memorandum, ‘‘Mattresses from Cambodia,
Indonesia, Malaysia, Serbia, Thailand, the Republic
of Turkey, the Socialist Republic of Vietnam, and
the People’s Republic of China: Final Scope
Decision Memorandum,’’ dated concurrently with,
and hereby adopted by, this notice (Final Scope
Memorandum).
5 See Preliminary Determination PDM at 5–10.
6 Id.
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15902
Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Notices
weighted-average dumping margin
based on AFA. No parties filed
comments concerning the Preliminary
Determination with respect to these
companies, and there is no new
information on the record that would
cause us to revisit the Preliminary
Determination. Accordingly, we
continue to find that the application of
AFA pursuant to sections 776(a) and (b)
of the Act is warranted with respect to
Delandis, Vision Foam, and Far East
Foam. In applying total AFA, we
continue to determine an estimated
weighted-average dumping margin for
Delandis, Vision Foam, and Far East
Foam of 42.92 percent, the highest
dumping margin alleged in the Petition,
which is the only dumping margin
information on the record of this
investigation,7 and which Commerce
corroborated to the extent practicable
within the meaning of section 776(c) of
the Act.8 In applying total AFA, we
continue to determine an estimated
weighted-average dumping margin for
Delandis, Vision Foam, and Far East
Foam of 42.92 percent, the highest
dumping margin alleged in the Petition,
which is the only dumping margin
information on the record of this
investigation,9 and which Commerce
corroborated to the extent practicable
within the meaning of section 776(c) of
the Act.10
All-Others Rate
As discussed in the Preliminary
Determination, Commerce based the
estimated weighted-average dumping
margin for all other producers and
exporters on the only dumping margin
alleged in the Petition,11 in accordance
with section 735(c)(5)(B) of the Act. We
made no changes to this rate for this
final determination.
Final Determination
The final estimated weighted-average
dumping margins are as follows:
7 See Petitioners’ Letter, ‘‘Mattresses from
Cambodia, China, Indonesia, Malaysia, Serbia,
Thailand, Turkey, and Vietnam: Antidumping and
Countervailing Duty Petitions,’’ dated March 31,
2020; see also Petitioners’ Letter, ‘‘Mattresses from
Cambodia, China, Indonesia, Malaysia, Serbia,
Thailand, Turkey, and Vietnam: Responses to
Petition Second Supplemental Questionnaires,’’
dated April 13, 2020 (collectively, Petition). The
petitioners are Brooklyn Bedding; Corsicana
Mattress Company; Elite Comfort Solutions; Future
Foam Inc.; 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).
8 See Preliminary Determination PDM at 8–10.
9 See Petition.
10 See Preliminary Determination PDM at 8–10.
11 See Petition; see also Preliminary
Determination, 85 FR at 69574.
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17:52 Mar 24, 2021
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Exporter or producer
Estimated
weightedaverage
dumping
margin
(percent)
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the International
Trade Commission (ITC) of the final
affirmative determination of sales at
Delandis Furniture (M) Sdn
LTFV. Because Commerce’s final
Bhd ....................................
42.92
determination is affirmative, in
Far East Foam Industries
Sdn Bhd ............................
42.92 accordance with section 735(b)(2) of the
Vision Foam Ind. Sdn Bhd ...
42.92 Act, the ITC will make its final
All Others ..............................
42.92 determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
Disclosure
material injury, by reason of imports or
sales (or the likelihood of sales) for
The estimated weighted-average
importation of mattresses from
dumping margins assigned to the
Malaysia, no later than 45 days after this
mandatory respondents in this
final determination. If the ITC
investigation in the Preliminary
determines that such injury does not
Determination are based on AFA. As
exist, this proceeding will be terminated
these rates are based on information
and all cash deposits posted will be
from the Petition, unchanged from the
refunded. If the ITC determines that
Preliminary Determination.
such injury does exist, Commerce will
Accordingly, there are no calculations to
issue an antidumping duty order
disclose for this final determination.
directing CBP to assess, upon further
instruction by Commerce, antidumping
Continuation of Suspension of
duties on all imports of the subject
Liquidation
merchandise entered, or withdrawn
In accordance with section
from warehouse, for consumption on or
735(c)(1)(B) of the Act, for this final
after the effective date of the suspension
determination, we will direct U.S.
of liquidation, as discussed above in the
Customs and Border Protection (CBP) to ‘‘Continuation of Suspension of
Liquidation’’ section.
continue to suspend liquidation of all
entries of mattresses from Malaysia, as
Notification Regarding Administrative
described in the Appendix to this
Protective Orders
notice, which are entered, or withdrawn
This notice will serve as a reminder
from warehouse, for consumption on or
to parties subject to an administrative
after November 3, 2020, the date of
protective order (APO) of their
publication in the Federal Register of
responsibility concerning the
the affirmative Preliminary
disposition of propriety information
Determination.
disclosed under APO in accordance
Pursuant to section 735(c)(1)(B)(ii) of
with 19 CFR 351.305(a)(3). Timely
the Act and 19 CFR 351.210(d),
written notification of return or
Commerce will instruct CBP to require
destruction of APO materials, or
a cash deposit for such entries of
conversion to judicial protective order,
merchandise for estimated antidumping is hereby requested. Failure to comply
with the regulations and terms of an
duties, as follows: (1) The cash deposit
APO is a sanctionable violation.
rate for the respondents listed above
will be equal to the company-specific
Notification to Interested Parties
estimated weighted-average dumping
This determination is issued and
margins determined in this final
published in accordance with sections
determination; (2) if the exporter is not
735(d) and 777(i)(1) of the Act and 19
a respondent identified above but the
CFR 351.210(c).
producer is, then the cash deposit rate
Dated: March 18, 2021.
will be equal to the company-specific
estimated weighted-average dumping
Christian Marsh,
margin established for that producer of
Acting Assistant Secretary for Enforcement
and Compliance.
the subject merchandise; and (3) the
cash deposit rate for all other producers Appendix
and exporters will be equal to the
Scope of the Investigation
estimated weighted-average dumping
The products covered by this investigation
margin for all other producers and
are all types of youth and adult mattresses.
exporters.
The term ‘‘mattress’’ denotes an assembly of
These suspension-of-liquidation
materials that at a minimum includes a
instructions will remain in effect until
‘‘core,’’ which provides the main support
further notice.
system of the mattress, and may consist of
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E:\FR\FM\25MRN1.SGM
25MRN1
Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Notices
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 and
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
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17:52 Mar 24, 2021
Jkt 253001
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,’’ ‘‘sofabeds,’’ ‘‘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
(February 19, 2009); Antidumping Duty
Order: Uncovered Innerspring Units from the
Socialist Republic of Vietnam, 73 FR 75391
(December 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 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. 2021–06187 Filed 3–24–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
15903
administrative review of the
antidumping duty order on fresh garlic
from the People’s Republic of China
(China). The period of review (POR) for
the administrative review is November
1, 2018, through October 31, 2019.
Commerce preliminarily determines
that the only mandatory respondent for
which a request for review remains,
Shijiazhuang Goodman Trading Co.,
Ltd. (Goodman), failed to establish its
eligibility for a separate rate and
therefore is part of the China-wide
entity. We also preliminarily find that
the review request made by The Roots
Farm Inc. (Roots Farm) was not valid,
and accordingly have preliminarily
rescinded the review with respect to the
other mandatory respondent,
Zhengzhou Harmoni Spice Co., Ltd.
(Harmoni). We invite interested parties
to comment on these preliminary
results.
DATES: Applicable March 25, 2021.
FOR FURTHER INFORMATION CONTACT: Leo
Ayala or Alex Cipolla, AD/CVD
Operations, Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3945 or (202) 482–4956.
SUPPLEMENTARY INFORMATION:
Background
On January 17, 2020, Commerce
initiated the twenty-fifth administrative
review of fresh garlic from China with
respect to eleven companies.1 On April
24, 2020, and July 21, 2020, Commerce
tolled certain deadlines in
administrative reviews by 50 days and
60 days, respectively, thereby extending
the deadline for these preliminary
results to November 19, 2020.2 On
October 20, 2020, Commerce extended
the deadline for the preliminary results
of this review.3 The revised deadline for
the preliminary results is now March
19, 2021.
Scope of the Order
The products subject to the
antidumping duty order are all grades of
garlic, whole or separated into
[A–570–831]
Fresh Garlic From the People’s
Republic of China: Preliminary
Results, Preliminary Rescission, and
Final Rescission, In Part, of the 25th
Antidumping Duty Administrative
Review; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is conducting the 25th
AGENCY:
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1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
3014 (January 17, 2020).
2 See Memoranda, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews in Response to Operational
Adjustments Due to COVID–19,’’ dated April 24,
2020; and ‘‘Tolling of Deadlines for Antidumping
and Countervailing Duty Administrative Reviews,’’
dated July 21, 2020.
3 See Memorandum, ‘‘Fresh Garlic from the
People’s Republic of China—25th Administrative
Review (2018–2019): Extension of Deadline for the
Preliminary Results of the Review,’’ dated October
20, 2020.
E:\FR\FM\25MRN1.SGM
25MRN1
]]>Agencies
[Federal Register Volume 86, Number 56 (Thursday, March 25, 2021)]
[Notices]
[Pages 15901-15903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06187]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-818]
Mattresses From Malaysia: Final Affirmative Determination of
Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that imports
of mattresses from Malaysia are being, or are likely to be, sold in the
United States at less than fair value (LTFV). The period of
investigation is January 1, 2019, through December 31, 2019.
DATES: Applicable March 25, 2021.
FOR FURTHER INFORMATION CONTACT: Dennis McClure, AD/CVD Operations,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-5973.
SUPPLEMENTARY INFORMATION:
Background
On November 3, 2020, Commerce published in the Federal Register the
Preliminary Determination of sales at LTFV of mattresses from Malaysia
and invited interested parties to comment.\1\ Commerce established a
deadline of November 24, 2020 for the submission of case briefs in
response to the Preliminary Determination. No case briefs were
submitted. As no parties filed comments and no facts have changed, we
have made no changes to the Preliminary Determination in this final
determination, and, therefore, there is no unpublished Issues and
Decision Memorandum accompanying this notice.
---------------------------------------------------------------------------
\1\ See Mattresses from Malaysia: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional Measures, 85 FR
69574-69575 (November 3, 2020) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum (PDM).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are mattresses from
Malaysia. For a full description of the scope of this investigation,
see the ``Scope of the Investigation,'' in the Appendix to this notice.
Scope Comments
In Commerce's Preliminary Scope Decision Memorandum, we set aside a
period of time for parties to raise issues regarding product coverage
(i.e., scope) in scope case briefs or other written comments on scope
issues.\2\ Certain interested parties commented on the scope of the
investigation as it appeared in the Preliminary Scope Decision
Memorandum, unchanged from the Initiation Notice.\3\ For a summary of
the product coverage comments and rebuttal responses submitted to the
record for this final determination, and accompanying discussion and
analysis of all comments timely received, see the Final Scope
Memorandum.\4\ In the Final Scope Memorandum, Commerce determined that
it is not modifying the scope language as it appeared in the Initiation
Notice. See the scope in the appendix to this notice.
---------------------------------------------------------------------------
\2\ See Memorandum, ``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 Decision Memorandum for the Preliminary Determination,''
dated October 27, 2020 (Preliminary Scope Decision Memorandum).
\3\ See 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) (Initiation Notice).
\4\ See Memorandum, ``Mattresses from Cambodia, Indonesia,
Malaysia, Serbia, Thailand, the Republic of Turkey, the Socialist
Republic of Vietnam, and the People's Republic of China: Final Scope
Decision Memorandum,'' dated concurrently with, and hereby adopted
by, this notice (Final Scope Memorandum).
---------------------------------------------------------------------------
Verification
As stated in the Preliminary Determination, two of the mandatory
respondents, Delandis Furniture (M) Sdn Bhd (Delandis) and Vision Foam
Ind. Sdn Bhd. (Vision Foam), did not participate in the investigation
and a third mandatory respondent, Far East Foam Industries Sdn Bhd (Far
East Foam), discontinued its participation in the investigation.\5\
Accordingly, Commerce based the Preliminary Determination on total
adverse facts available (AFA), and did not conduct verification under
section 782(i) of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\5\ See Preliminary Determination PDM at 5-10.
---------------------------------------------------------------------------
Use of Adverse Facts Available
The mandatory respondents Delandis, Vision Foam, and Far East Foam
failed to cooperate in this investigation.\6\ Therefore, in the
Preliminary Determination, pursuant to sections 776(a)(1),
776(a)(2)(A)-(C), and 776(b) of the Act, we assigned to Delandis,
Vision Foam and Far East Foam an estimated
[[Page 15902]]
weighted-average dumping margin based on AFA. No parties filed comments
concerning the Preliminary Determination with respect to these
companies, and there is no new information on the record that would
cause us to revisit the Preliminary Determination. Accordingly, we
continue to find that the application of AFA pursuant to sections
776(a) and (b) of the Act is warranted with respect to Delandis, Vision
Foam, and Far East Foam. In applying total AFA, we continue to
determine an estimated weighted-average dumping margin for Delandis,
Vision Foam, and Far East Foam of 42.92 percent, the highest dumping
margin alleged in the Petition, which is the only dumping margin
information on the record of this investigation,\7\ and which Commerce
corroborated to the extent practicable within the meaning of section
776(c) of the Act.\8\ In applying total AFA, we continue to determine
an estimated weighted-average dumping margin for Delandis, Vision Foam,
and Far East Foam of 42.92 percent, the highest dumping margin alleged
in the Petition, which is the only dumping margin information on the
record of this investigation,\9\ and which Commerce corroborated to the
extent practicable within the meaning of section 776(c) of the Act.\10\
---------------------------------------------------------------------------
\6\ Id.
\7\ See Petitioners' Letter, ``Mattresses from Cambodia, China,
Indonesia, Malaysia, Serbia, Thailand, Turkey, and Vietnam:
Antidumping and Countervailing Duty Petitions,'' dated March 31,
2020; see also Petitioners' Letter, ``Mattresses from Cambodia,
China, Indonesia, Malaysia, Serbia, Thailand, Turkey, and Vietnam:
Responses to Petition Second Supplemental Questionnaires,'' dated
April 13, 2020 (collectively, Petition). The petitioners are
Brooklyn Bedding; Corsicana Mattress Company; Elite Comfort
Solutions; Future Foam Inc.; 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).
\8\ See Preliminary Determination PDM at 8-10.
\9\ See Petition.
\10\ See Preliminary Determination PDM at 8-10.
---------------------------------------------------------------------------
All-Others Rate
As discussed in the Preliminary Determination, Commerce based the
estimated weighted-average dumping margin for all other producers and
exporters on the only dumping margin alleged in the Petition,\11\ in
accordance with section 735(c)(5)(B) of the Act. We made no changes to
this rate for this final determination.
---------------------------------------------------------------------------
\11\ See Petition; see also Preliminary Determination, 85 FR at
69574.
---------------------------------------------------------------------------
Final Determination
The final estimated weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
Delandis Furniture (M) Sdn Bhd.......................... 42.92
Far East Foam Industries Sdn Bhd........................ 42.92
Vision Foam Ind. Sdn Bhd................................ 42.92
All Others.............................................. 42.92
------------------------------------------------------------------------
Disclosure
The estimated weighted-average dumping margins assigned to the
mandatory respondents in this investigation in the Preliminary
Determination are based on AFA. As these rates are based on information
from the Petition, unchanged from the Preliminary Determination.
Accordingly, there are no calculations to disclose for this final
determination.
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, for this final
determination, we will direct U.S. Customs and Border Protection (CBP)
to continue to suspend liquidation of all entries of mattresses from
Malaysia, as described in the Appendix to this notice, which are
entered, or withdrawn from warehouse, for consumption on or after
November 3, 2020, the date of publication in the Federal Register of
the affirmative Preliminary Determination.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), Commerce will instruct CBP to require a cash deposit for
such entries of merchandise for estimated antidumping duties, as
follows: (1) The cash deposit rate for the respondents listed above
will be equal to the company-specific estimated weighted-average
dumping margins determined in this final determination; (2) if the
exporter is not a respondent identified above but the producer is, then
the cash deposit rate will be equal to the company-specific estimated
weighted-average dumping margin established for that producer of the
subject merchandise; and (3) the cash deposit rate for all other
producers and exporters will be equal to the estimated weighted-average
dumping margin for all other producers and exporters.
These suspension-of-liquidation instructions will remain in effect
until further notice.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (ITC) of the final affirmative
determination of sales at LTFV. Because Commerce's final determination
is affirmative, in accordance with section 735(b)(2) of the Act, the
ITC will make its final determination as to whether the domestic
industry in the United States is materially injured, or threatened with
material injury, by reason of imports or sales (or the likelihood of
sales) for importation of mattresses from Malaysia, no later than 45
days after this final determination. If the ITC determines that such
injury does not exist, this proceeding will be terminated and all cash
deposits posted will be refunded. If the ITC determines that such
injury does exist, Commerce will issue an antidumping duty order
directing CBP to assess, upon further instruction by Commerce,
antidumping duties on all imports of the subject merchandise entered,
or withdrawn from warehouse, for consumption on or after the effective
date of the suspension of liquidation, as discussed above in the
``Continuation of Suspension of Liquidation'' section.
Notification Regarding Administrative Protective Orders
This notice will serve as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of propriety information disclosed under APO
in accordance with 19 CFR 351.305(a)(3). Timely written notification of
return or destruction of APO materials, or conversion to judicial
protective order, is hereby requested. Failure to comply with the
regulations and terms of an APO is a sanctionable violation.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c).
Dated: March 18, 2021.
Christian Marsh,
Acting 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
[[Page 15903]]
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 and 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,'' ``sofabeds,'' ``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 (February 19, 2009); Antidumping
Duty Order: Uncovered Innerspring Units from the Socialist Republic
of Vietnam, 73 FR 75391 (December 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 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. 2021-06187 Filed 3-24-21; 8:45 am]
BILLING CODE 3510-DS-P
