Mattresses From Cambodia: Final Affirmative Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances, 15894-15897 [2021-06188]
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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.
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‘‘Non-innerspring mattresses’’ are those
that do not contain any innerspring units.
They are generally produced from foams
(e.g., polyurethane, memory (viscoelastic),
latex foam, gel- infused viscoelastic (gel
foam), thermobonded polyester,
polyethylene) or other resilient filling.
Mattresses covered by the scope of 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.’’
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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:
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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
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17:52 Mar 24, 2021
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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.
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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.
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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
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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
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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
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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).
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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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
\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
