Mattresses From Cambodia: Final Affirmative Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances, 15894-15897 [2021-06188]

Download as PDF 15894 Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Notices date of the suspension of liquidation, as discussed above in the ‘‘Continuation of Suspension of Liquidation’’ section. Notification Regarding Administrative Protective Orders This notice serves as a final reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the 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 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 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. VerDate Sep<11>2014 17:52 Mar 24, 2021 Jkt 253001 ‘‘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 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.’’ PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 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. Final Negative Determination of Critical Circumstances V. Changes Since the Preliminary Determination VI. Discussion of the Issues Comment 1: Whether Commerce’s Application of the Major Input and Transactions Disregarded Rule Is Unreasonable and Flawed Comment 2: Whether Commerce Should Continue to Find Healthcare and EverRest are Affiliated Comment 3: Whether Commerce Appropriately Initiated an MNC Provision Inquiry Comment 4: Whether Commerce Appropriately Denied Healthcare’s Level of Trade Adjustment VII. Recommendation [FR Doc. 2021–06192 Filed 3–24–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–555–001] Mattresses From Cambodia: Final Affirmative Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that imports of mattresses from Cambodia are being, or are likely to be, sold in the United States at less than fair value (LTFV) for the period of investigation January 1, 2019, through December 31, 2019. DATES: Applicable March 25, 2021. FOR FURTHER INFORMATION CONTACT: John McGowan or Preston Cox, AD/CVD AGENCY: E:\FR\FM\25MRN1.SGM 25MRN1 Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Notices Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3019 or (202) 482–5041, respectively. SUPPLEMENTARY INFORMATION: interested parties commented on the scope of the investigation as it appeared in the Preliminary Scope Decision Memorandum, unchanged from the Initiation Notice.4 For a summary of the product coverage comments and rebuttal responses submitted to the record for this final determination, and accompanying discussion and analysis Background of all comments timely received, see the Final Scope Memorandum.5 In the Final On November 3, 2020, Commerce Scope Memorandum, Commerce published the Preliminary Determination in the LTFV investigation determined that it is not modifying the scope language as it appeared in the of mattresses from Cambodia, in which Initiation Notice. See the scope in we also postponed the final Appendix I to this notice. determination until March 18, 2021.1 We invited interested parties to Analysis of Comments Received comment on the Preliminary All issues raised in the case and Determination. A summary of the events rebuttal briefs that were submitted by that occurred since Commerce parties in this investigation are published the Preliminary addressed in the Issues and Decision Determination, as well as a full discussion of the issues raised by parties Memorandum. A list of the issues addressed in the Issues and Decision for this final determination, may be Memorandum is attached at Appendix found in the Issues and Decision 2 Memorandum. The Issues and Decision II. Memorandum is a public document and Verification is on file electronically via Enforcement Commerce was unable to conduct onand Compliance’s Antidumping and site verification of the information Countervailing Duty Centralized relied upon in making its final Electronic Service System (ACCESS). determination in this investigation. ACCESS is available to registered users However, we took additional steps in at https://access.trade.gov. In addition, a lieu of an on-site verification to verify complete version of the Issues and the information relied upon in making Decision Memorandum can be accessed this final determination, in accordance directly at https://enforcement.trade.gov/ with section 782(i) of the Tariff Act of frn/. 1930, as amended (the Act).6 Scope of the Investigation Changes Since the Preliminary The products covered by this Determination investigation are mattresses from Based on our review and analysis of Cambodia. For a complete description of the comments received from interested the scope of this investigation, see the parties, we made certain changes to the ‘‘Scope of the Investigation’’ in margin calculations for Best Mattresses/ Appendix I. Rose Lion.7 For a discussion of these changes, see the Issues and Decision 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.3 Certain 1 See Mattresses from Cambodia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, Postponement of Final Determination, and Extension of Provisional Measures, 85 FR 69594 (November 3, 2020) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination in the Less-Than-Fair-Value Investigation of Mattresses from Cambodia,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 3 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 VerDate Sep<11>2014 17:52 Mar 24, 2021 Jkt 253001 Decision Memorandum for the Preliminary Determination,’’ dated October 27, 2020 (Preliminary Scope Decision Memorandum). 4 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). 5 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). 6 See Commerce’s Letter, dated December 15, 2020. 7 In the Preliminary Determination, Commerce determined that the two mandatory respondents (i.e., Best Mattresses International Company Limited (Best Mattresses) and Rose Lion Furniture International Company Limited (Rose Lion)) are affiliated, pursuant to sections 771(33)(A) and (F) of the Act, and to treat them as a single entity, pursuant to 19 CFR 351.401(f). For a discussion of this analysis, see PDM at 4–5. PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 15895 Memorandum. In light of the change to the weighted-average dumping margin of Best Mattress/Rose Lion, we have also revised the all-others rate. Final Negative Determination of Critical Circumstances Commerce preliminarily determined that critical circumstances existed with respect to imports of mattresses from Best Mattresses/Rose Lion and that critical circumstances did not exist with respect to all other exporters or producers not individually examined.8 We modified our critical circumstances finding for Best Mattresses/Rose Lion for the final determination. Thus, pursuant to section 735(a)(3) of the Act, we find that critical circumstances do not exist with respect to imports of mattresses from Cambodia. For a full description of the methodology and results of Commerce’s critical circumstances analysis, see the Issues and Decision Memorandum. All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated weightedaverage dumping margin for all other producers and exporters not individually investigated shall be equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding rates that are zero, de minimis, or determined entirely under section 776 of the Act. Commerce calculated an individual estimated weighted-average dumping margin for Best Mattresses/Rose Lion, the only individually examined exporter/producer in this investigation. Because the only individually calculated dumping margin is not zero, de minimis, or based entirely on facts otherwise available, the estimated weighted-average dumping margin calculated for Best Mattresses/Rose Lion is the margin assigned to all other producers and exporters, pursuant to section 735(c)(5)(A) of the Act. Final Determination The final estimated weighted-average dumping margins are as follows: Exporter/producer Best Mattresses International Company Limited/Rose Lion Furniture International ............. Estimated weightedaverage dumping margin (percent) 45.34 8 See Preliminary Determination, 85 FR at 69595, and accompanying PDM at 5–7. E:\FR\FM\25MRN1.SGM 25MRN1 15896 Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Notices Exporter/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 All Others .................................... 45.34 LTFV. Because Commerce’s final determination is affirmative, in Disclosure accordance with section 735(b)(2) of the Act, the ITC will make its final We intend to disclose to parties in determination as to whether the this proceeding the calculations domestic industry in the United States performed for this final determination is materially injured, or threatened with within five days of the date of publication of this notice, in accordance material injury, by reason of imports or sales (or the likelihood of sales) for with 19 CFR 351.224(b). importation of mattresses from Continuation of Suspension of Cambodia no later than 45 days after Liquidation this final determination. If the ITC determines that such injury does not In accordance with section exist, this proceeding will be 735(c)(1)(B) of the Act, Commerce will terminated, and all cash deposits posted instruct U.S. Customs and Border Protection (CBP) to continue to suspend will be refunded and suspension of liquidation will be lifted. If the ITC liquidation of all appropriate entries of mattresses from Cambodia, as described determines that such injury does exist, Commerce will issue an antidumping in Appendix I of this notice, which are entered, or withdrawn from warehouse, duty order directing CBP to assess, upon further instruction by Commerce, for consumption on or after November antidumping duties on all imports of the 3, 2020, the date of publication of the subject merchandise entered, or Preliminary Determination in the withdrawn from warehouse, for Federal Register. consumption on or after the effective Pursuant to section 735(c)(1)(B)(ii) of date of the suspension of liquidation, as the Act and 19 CFR 351.210(d), upon discussed above in the ‘‘Continuation of publication of this notice, Commerce Suspension of Liquidation’’ section. will instruct CBP to require a cash deposit equal to the estimated weighted- Notification Regarding Administrative Protective Orders (APO) average dumping margin or the estimated all-others rate, as follows: (1) This notice will serve as a reminder The cash deposit rate for the to parties subject to an administrative respondents listed above will be equal protective order of their responsibility to the company-specific estimated concerning the disposition of weighted-average dumping margin proprietary information disclosed under determined in this final determination; APO in accordance with 19 CFR (2) if the exporter is not a respondent 351.305(a)(3). Timely written identified above but the producer is, notification of return or destruction of then the cash deposit rate will be equal APO materials or conversion to judicial to the company-specific estimated protective order is hereby requested. weighted-average dumping margin Failure to comply with the regulations established for that producer of the and the terms of an APO is a violation subject merchandise; and (3) the cash which is subject to sanction. deposit rate for all other producers and Notification to Interested Parties exporters will be equal to the all-others estimated weighted-average dumping This determination is issued and margin. These suspension-of-liquidation published in accordance with sections instructions will remain in effect until 735(d) and 777(i)(1) of the Act, and 19 further notice. CFR 351.210(c). Further, because our final critical Dated: March 18, 2021. circumstances determination is Christian Marsh, negative, in accordance with section Acting Assistant Secretary for Enforcement 735(c)(3) of the Act, we will instruct and Compliance. CBP to terminate the retroactive suspension of liquidation ordered at the Appendix I Preliminary Determination for Best Scope of the Investigation Mattresses/Rose Lion and to refund any The products covered by this investigation cash deposits required with respect to are all types of youth and adult mattresses. entries of shipments of subject The term ‘‘mattress’’ denotes an assembly of merchandise covered by the retroactive materials that at a minimum includes a suspension of liquidation. ‘‘core,’’ which provides the main support VerDate Sep<11>2014 17:52 Mar 24, 2021 Jkt 253001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 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 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 E:\FR\FM\25MRN1.SGM 25MRN1 Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Notices 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. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope Comments V. Scope of the Investigation VI. Final Negative Determination of Critical Circumstances VII. Changes Since the Preliminary Determination VIII. Discussion of the Issues IX. Recommendation [FR Doc. 2021–06188 Filed 3–24–21; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 17:52 Mar 24, 2021 Jkt 253001 DEPARTMENT OF COMMERCE International Trade Administration [C–533–898] Utility Scale Wind Towers From India: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination 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 utility scale wind towers (wind towers) from India. The period of investigation is April 1, 2019, through March 31, 2020. Interested parties are invited to comment on this preliminary determination. AGENCY: DATES: Applicable March 25, 2021. FOR FURTHER INFORMATION CONTACT: David Crespo or Melissa Kinter, AD/ CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3693 or (202) 482–1413, 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 November 16, 2020.1 On December 28, 2020, Commerce postponed the preliminary determination of this investigation, and the revised deadline is now March 19, 2021.2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 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 1 See Utility Scale Wind Towers from India and Malaysia: Initiation of Countervailing Duty Investigations, 85 FR 73019 (November 16, 2020) (Initiation Notice). 2 See Utility Scale Wind Towers from India and Malaysia: Postponement of Preliminary Determinations in the Countervailing Duty Investigations, 85 FR 84302 (December 28, 2020). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination of the Countervailing Duty Investigation of Utility Scale Wind Towers from India,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 15897 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. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. Scope of the Investigation The product covered by this investigation is wind towers from India. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the Preamble to Commerce’s regulations,4 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage, (i.e., scope).5 No interested party commented on the scope of the investigation as it appeared in the Initiation Notice. 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, in part, on facts available, and, because it finds that one or more respondents did not act to the best of their ability to respond to Commerce’s requests for information, it drew an adverse inference where appropriate in selecting from among the facts otherwise available.7 For further information, see ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ in the Preliminary Decision Memorandum. Alignment As noted in the Preliminary Decision Memorandum, in accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is aligning the final countervailing duty (CVD) determination in this investigation with the final determination in the companion antidumping duty (AD) investigation of wind towers from India 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice. 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 See sections 776(a) and (b) of the Act. E:\FR\FM\25MRN1.SGM 25MRN1

Agencies

[Federal Register Volume 86, Number 56 (Thursday, March 25, 2021)]
[Notices]
[Pages 15894-15897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06188]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-555-001]


Mattresses From Cambodia: Final Affirmative Determination of 
Sales at Less Than Fair Value and Final Negative Determination of 
Critical Circumstances

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

SUMMARY: The Department of Commerce (Commerce) determines that imports 
of mattresses from Cambodia are being, or are likely to be, sold in the 
United States at less than fair value (LTFV) for the period of 
investigation January 1, 2019, through December 31, 2019.

DATES: Applicable March 25, 2021.

FOR FURTHER INFORMATION CONTACT: John McGowan or Preston Cox, AD/CVD

[[Page 15895]]

Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3019 or (202) 482-5041, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 3, 2020, Commerce published the Preliminary 
Determination in the LTFV investigation of mattresses from Cambodia, in 
which we also postponed the final determination until March 18, 
2021.\1\ We invited interested parties to comment on the Preliminary 
Determination. A summary of the events that occurred since Commerce 
published the Preliminary Determination, as well as a full discussion 
of the issues raised by parties for this final determination, may be 
found in the Issues and Decision Memorandum.\2\ The Issues and Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at https://enforcement.trade.gov/frn/.
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    \1\ See Mattresses from Cambodia: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Preliminary 
Affirmative Determination of Critical Circumstances, Postponement of 
Final Determination, and Extension of Provisional Measures, 85 FR 
69594 (November 3, 2020) (Preliminary Determination), and 
accompanying Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less-Than-Fair-Value 
Investigation of Mattresses from Cambodia,'' dated concurrently 
with, and hereby adopted by, this notice (Issues and Decision 
Memorandum).
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Scope of the Investigation

    The products covered by this investigation are mattresses from 
Cambodia. For a complete description of the scope of this 
investigation, see the ``Scope of the Investigation'' in Appendix I.

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.\3\ Certain interested parties commented on the scope of the 
investigation as it appeared in the Preliminary Scope Decision 
Memorandum, unchanged from the Initiation Notice.\4\ 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.\5\ 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 Appendix I to this notice.
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    \3\ 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).
    \4\ 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).
    \5\ 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).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs that were 
submitted by parties in this investigation are addressed in the Issues 
and Decision Memorandum. A list of the issues addressed in the Issues 
and Decision Memorandum is attached at Appendix II.

Verification

    Commerce was unable to conduct on-site verification of the 
information relied upon in making its final determination in this 
investigation. However, we took additional steps in lieu of an on-site 
verification to verify the information relied upon in making this final 
determination, in accordance with section 782(i) of the Tariff Act of 
1930, as amended (the Act).\6\
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    \6\ See Commerce's Letter, dated December 15, 2020.
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Changes Since the Preliminary Determination

    Based on our review and analysis of the comments received from 
interested parties, we made certain changes to the margin calculations 
for Best Mattresses/Rose Lion.\7\ For a discussion of these changes, 
see the Issues and Decision Memorandum. In light of the change to the 
weighted-average dumping margin of Best Mattress/Rose Lion, we have 
also revised the all-others rate.
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    \7\ In the Preliminary Determination, Commerce determined that 
the two mandatory respondents (i.e., Best Mattresses International 
Company Limited (Best Mattresses) and Rose Lion Furniture 
International Company Limited (Rose Lion)) are affiliated, pursuant 
to sections 771(33)(A) and (F) of the Act, and to treat them as a 
single entity, pursuant to 19 CFR 351.401(f). For a discussion of 
this analysis, see PDM at 4-5.
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Final Negative Determination of Critical Circumstances

    Commerce preliminarily determined that critical circumstances 
existed with respect to imports of mattresses from Best Mattresses/Rose 
Lion and that critical circumstances did not exist with respect to all 
other exporters or producers not individually examined.\8\ We modified 
our critical circumstances finding for Best Mattresses/Rose Lion for 
the final determination. Thus, pursuant to section 735(a)(3) of the 
Act, we find that critical circumstances do not exist with respect to 
imports of mattresses from Cambodia. For a full description of the 
methodology and results of Commerce's critical circumstances analysis, 
see the Issues and Decision Memorandum.
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    \8\ See Preliminary Determination, 85 FR at 69595, and 
accompanying PDM at 5-7.
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All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated 
weighted-average dumping margin for all other producers and exporters 
not individually investigated shall be equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated, excluding rates that 
are zero, de minimis, or determined entirely under section 776 of the 
Act.
    Commerce calculated an individual estimated weighted-average 
dumping margin for Best Mattresses/Rose Lion, the only individually 
examined exporter/producer in this investigation. Because the only 
individually calculated dumping margin is not zero, de minimis, or 
based entirely on facts otherwise available, the estimated weighted-
average dumping margin calculated for Best Mattresses/Rose Lion is the 
margin assigned to all other producers and exporters, pursuant to 
section 735(c)(5)(A) of the Act.

Final Determination

    The final estimated weighted-average dumping margins are as 
follows:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Best Mattresses International Company Limited/Rose Lion            45.34
 Furniture International....................................

[[Page 15896]]

 
All Others..................................................       45.34
------------------------------------------------------------------------

Disclosure

    We intend to disclose to parties in this proceeding the 
calculations performed for this final determination within five days of 
the date of publication of this notice, in accordance with 19 CFR 
351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, Commerce will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all appropriate entries of mattresses from 
Cambodia, as described in Appendix I of this notice, which are entered, 
or withdrawn from warehouse, for consumption on or after November 3, 
2020, the date of publication of the Preliminary Determination in the 
Federal Register.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), upon publication of this notice, Commerce will instruct CBP 
to require a cash deposit equal to the estimated weighted-average 
dumping margin or the estimated all-others rate, as follows: (1) The 
cash deposit rate for the respondents listed above will be equal to the 
company-specific estimated weighted-average dumping margin 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 all-others estimated weighted-average dumping margin. 
These suspension-of-liquidation instructions will remain in effect 
until further notice.
    Further, because our final critical circumstances determination is 
negative, in accordance with section 735(c)(3) of the Act, we will 
instruct CBP to terminate the retroactive suspension of liquidation 
ordered at the Preliminary Determination for Best Mattresses/Rose Lion 
and to refund any cash deposits required with respect to entries of 
shipments of subject merchandise covered by the retroactive suspension 
of liquidation.

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 Cambodia 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 and suspension of liquidation will be 
lifted. 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 (APO)

    This notice will serve as a reminder to parties subject to an 
administrative protective order of their responsibility concerning the 
disposition of proprietary 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 the terms of an APO is a violation which is subject to 
sanction.

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 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 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

[[Page 15897]]

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.

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. Final Negative Determination of Critical Circumstances
VII. Changes Since the Preliminary Determination
VIII. Discussion of the Issues
IX. Recommendation

[FR Doc. 2021-06188 Filed 3-24-21; 8:45 am]
BILLING CODE 3510-DS-P