Mattresses From Thailand: Final Affirmative Determination of Sales at Less Than Fair Value, 15928-15930 [2021-06191]
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Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Notices
constitutes unfinished mobile access
equipment for purposes of this investigation.
Processing of finished and unfinished
mobile access equipment and subassemblies
such as trimming, cutting, grinding,
notching, punching, slitting, drilling,
welding, joining, bolting, bending, beveling,
riveting, minor fabrication, galvanizing,
painting, coating, finishing, assembly, or any
other processing either in the country of
manufacture of the in-scope product or in a
third country does not remove the product
from the scope. Inclusion of other
components not identified as comprising the
finished or unfinished mobile access
equipment does not remove the product from
the scope.
The scope excludes forklifts, vertical mast
lifts, mobile self-propelled cranes and motor
vehicles that incorporate a scissor arm
assembly or boom assembly. Forklifts are
material handling vehicles with a working
attachment, usually a fork, lifted along a
vertical guide rail with the operator seated or
standing on the chassis behind the vertical
mast. Vertical mast lifts are person and
material lifting vehicles with a working
attachment, usually a platform, lifted along a
vertical guide rail with an operator standing
on the platform. Mobile self-propelled cranes
are material handling vehicles with a boom
attachment for lifting loads of tools or
materials that are suspended on ropes,
cables, and/or chains, and which contain
winches mounted on or near the base of the
boom with ropes, cables, and/or chains
managed along the boom structure. The
scope also excludes motor vehicles (defined
as a vehicle driven or drawn by mechanical
power and manufactured primarily for use on
public streets, roads, and highways, but does
not include a vehicle operated only on a rail
line pursuant to 49 U.S.C. 30102(a)(7)) that
incorporate a scissor arm assembly or boom
assembly. The scope further excludes
vehicles driven or drawn by mechanical
power operated only on a rail line that
incorporate a scissor arm assembly or boom
assembly. The scope also excludes: (1) Rail
line vehicles, defined as vehicles with hi-rail
gear or track wheels, and a fixed (nontelescopic) main boom, which perform
operations on rail lines, such as laying rails,
setting ties, or other rail maintenance jobs;
and (2) certain rail line vehicle
subassemblies, defined as chassis
subassemblies and boom turntable
subassemblies for rail line vehicles with a
fixed (non-telescopic) main boom.
Certain mobile access equipment subject to
this investigation is typically classifiable
under subheadings 8427.10.8020,
8427.10.8030, 8427.10.8070, 8427.10.8095,
8427.20.8020, 8427.20.8090, 8427.90.0020
and 8427.90.0090 of the Harmonized Tariff
Schedule of the United States (HTSUS). Parts
of certain mobile access equipment are
typically classifiable under subheading
8431.20.0000 of the HTSUS. While the
HTSUS subheadings are provided for
convenience and customs purposes only, the
written description of the merchandise under
investigation is dispositive.
[FR Doc. 2021–06180 Filed 3–24–21; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
Scope of the Investigation
International Trade Administration
The products covered by this
investigation are mattresses from
Thailand. For a full description of the
scope of this investigation, see
Appendix I of this notice.
[A–549–841]
Mattresses From Thailand: Final
Affirmative Determination of Sales at
Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that mattresses
from Thailand are being, or are likely to
be, sold in the United States at less than
fair value (LTFV). The period of
investigation (POI) is January 1, 2019,
through December 31, 2019.
DATES: Applicable March 25, 2021.
FOR FURTHER INFORMATION CONTACT:
Paola Aleman Ordaz, AD/CVD
Operations, Office IV, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4031.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On November 3, 2020, Commerce
published in the Federal Register its
preliminary affirmative determination
in the LTFV investigation of mattresses
from Thailand, in which we also
postponed the final determination until
March 18, 2021.1 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 Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/.
1 See Mattresses from Thailand: Preliminary
Affirmative Determination of Sales at Less Than
Fair Value, Postponement of Final Determination,
and Extension of Provisional Measures, 85 FR
69568 (November 3, 2020) (Preliminary
Determination) and accompanying Preliminary
Decision Memorandum (PDM).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Determination in the
Less-Than-Fair-Value Investigation of Mattresses
from Thailand,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
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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.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs submitted by interested
parties in this investigation are
addressed in the Issues and Decision
Memorandum. For a list of these issues,
see Appendix II.
Verification
As stated in the Preliminary
Determination, Commerce preliminary
relied upon total adverse facts available
(AFA), pursuant to section 776(a) and
(b) of the Tariff Act of 1930, as amended
(the Act), in determining the weightedaverage dumping margins for both
mandatory respondents in this
investigation, Nisco (Thailand) Co., Ltd.
(Nisco) and Saffron Living Co., Ltd.
(Saffron). Accordingly, we did not
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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conduct verification under section
782(i) of the Act.6
For the purposes of this final
determination, Commerce is relying on
information submitted by Saffron, and
applying partial, rather than total, AFA
to Saffron.7 Because Commerce was
unable to conduct on-site verification of
the information relied upon in making
its final determination in this
investigation, pursuant to section
776(a)(2)(D) of the Act, we have relied
upon the information submitted on the
record as facts available in making our
final determination.
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 Saffron. For a
discussion of these changes, see the
Issues and Decision Memorandum.
Use of Adverse Facts Available
Nisco failed to cooperate in this
investigation.8 Therefore, in the
Prelminary Determination, pursuant to
sections 776(a)(1), 776(a)(2)(A)–(C), and
776(b) of the Act, we assigned Nisco an
estimated weighted-average dumping
margin based on AFA. No parties filed
comments concerning the Preliminary
Determination with respect to Nisco,
and there is no new information on the
record that would cause us to revisit the
Preliminary Determination.
Accordingly, we continue to find that
the application of total AFA pursuant to
sections 776(a) and (b) of the Act is
warranted with respect to Nisco. In
applying total AFA, we continue to
determine an estimated weightedaverage dumping margin for Nisco of
763.28 percent, the highest dumping
margin alleged in the Petition,9 and
which Commerce corroborated to the
extent practicable within the meaning of
section 776(c) of the Act.10
In the Preliminary Determination,
Commerce determined that Saffron
significantly impeded this investigation
and failed to cooperate to the best of its
ability through its participation in a
scheme to evade the payment of cash
deposits, and (in part) on that basis
applied total AFA to Saffron.11 As
discussed in the accompanying Issues
6 See
Preliminary Determination.
Issues and Decisions Memorandum.
8 See Preliminary Determination PDM at 8–10.
9 See Initiation Notice; see also Checklist,
‘‘Antidumping Duty Investigation Checklist,’’ dated
April 20, 2020 (Initiation Checklist).
10 See Preliminary Determination PDM at 8–10.
11 See Memorandum, ‘‘Preliminary Results
Memorandum: Application of Adverse Facts
Available to Saffron Living Co., Ltd.,’’ dated
October 27, 2020 at 4.
7 See
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and Decision Memorandum, we
continue to find that the application of
AFA to Saffron is warranted with
respect to its participation in that
scheme. However, for this final
determination, Commerce is applying
partial, rather than total, AFA to
Saffron. Specifically, as partial AFA, we
have applied the highest petition
dumping margin of 763.28 percent only
to the sales of mattresses affected by
Saffron’s scheme to misrepresent the
true producers of certain mattresses to
avoid payment of cash deposits, weight
averaged with the dumping margin
calculated for Saffron’s other sales using
the reported data.12
All-Others Rate
In accordance with section
705(c)(5)(A) of the Act, Commerce shall
determine an estimated all-others rate
for companies not individually
examined. Generally, under section
705(c)(5)(A)(i) of the Act, this rate shall
be an amount equal to the average of the
estimated dumping rates established for
those companies individually
examined, excluding any zero and de
minimis rates and any rates based
entirely under section 776 of the Act.
However, section 705(c)(5)(A)(ii) of the
Act provides that if the antidumping
rates established for all companies
individually examined are zero or de
minimis rates, or are determined
entirely under section 776 of the Act,
then Commerce may use ‘‘any
reasonable method’’ to establish an all
others rate.
As explained above, the sole
estimated weighted-average dumping
margin calculated for Saffron is based
entirely on facts available. In the
specific circumstances of this case, we
find that a reasonable method to
determine the all-others rate under
section 735(c)(5)(B) of the Act here is to
apply Saffron’s individual estimated
antidumping rate as the all-others rate
for companies not individually
examined.
Final Determination
Commerce determines that the
weighted-average dumping margins are
as follows:
Exporter/producer
Estimated
weightedaverage
dumping
margin
(percent)
All Others ....................................
37.48
Disclosure
We intend to disclose the calculations
performed in this final determination
within five days of the date of
publication of this notice to parties in
the proceeding, in accordance with 19
CFR 351.224 (b).
Continuation of Suspension of
Liquidation
In accordance with section
733(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border
Protection (CBP) to continue to suspend
liquidation of entries of subject
merchandise, as described in Appendix
I, entered, or withdrawn from
warehouse, for consumption on or after
November 3, 2020, the date of the
publication in the Federal Register of
the affirmative Preliminary
Determination.
Pursuant to section 735(c)(1)(B)(ii) of
the Act and 19 CFR 351.210(d), we will
instruct CBP to require a cash deposit
for entries of subject merchandise equal
to the estimated weighted-average
dumping margin or the estimated allothers rate, as follows: (1) The cash
deposit rate for the respondents listed
above will be equal to the companyspecific estimated weighted-average
dumping margins determined in this
final determination; (2) if the exporter is
not a respondent identified above, but
the producer is, then the cash deposit
rate will be equal to the companyspecific 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 weightedaverage dumping margin. These
suspension of liquidation instructions
will remain in effect until further notice.
International Trade Commission
Notification
Estimated
weightedaverage
dumping
margin
(percent)
In accordance with section 735(d) of
the Act, we will notify the U.S.
Exporter/producer
International Trade Commission (ITC) of
the final affirmative determination of
sales at LTFV. Because the final
determination in this proceeding is
Nisco (Thailand) Co., Ltd ...........
763.28
affirmative, in accordance with section
Saffron Living Co., Ltd ................
37.48
735(b)(2) of the Act, the ITC will make
its final determination as to whether the
12 See Memorandum, ‘‘Final Determination
domestic industry in the United States
Analysis Memorandum for Saffron Living Co.,
is materially injured, or threatened with
Ltd.,’’ dated concurrently with this memorandum.
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Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Notices
material injury, by reason of imports of
mattresses from Thailand no later than
45 days after this final determination. If
the ITC determines that material injury,
or threat of material injury, does not
exit, the proceeding will be terminated,
and all cash deposits will be refunded.
If the ITC determines that such injury
does exist, Commerce will issue an AD
duty order directing CBP to assess, upon
further instruction by Commerce, AD
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.
Notification Regarding Administrative
Protective Order (APO)
This notice serves as a 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
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
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mattresses are included regardless of size and
size description.
The scope encompasses all types of
‘‘innerspring mattresses,’’ ‘‘non-innerspring
mattresses,’’ and ‘‘hybrid mattresses.’’
‘‘Innerspring mattresses’’ contain
innersprings, a series of metal springs joined
together in sizes that correspond to the
dimensions of mattresses. Mattresses that
contain innersprings are referred to as
‘‘innerspring mattresses’’ or ‘‘hybrid
mattresses.’’ ‘‘Hybrid mattresses’’ contain two
or more support systems as the core, such as
layers of both memory foam and innerspring
units.
‘‘Non-innerspring mattresses’’ are those
that do not contain any innerspring units.
They are generally produced from foams
(e.g., polyurethane, memory (viscoelastic),
latex foam, gel- infused viscoelastic (gel
foam), thermobonded polyester,
polyethylene) or other resilient filling.
Mattresses covered by the scope of this
investigation may be imported
independently, as part of furniture or
furniture mechanisms (e.g., convertible sofa
bed mattresses, sofa bed mattresses imported
with sofa bed mechanisms, corner group
mattresses, day-bed mattresses, roll-away bed
mattresses, high risers, trundle bed
mattresses, crib mattresses), or as part of a set
in combination with a ‘‘mattress foundation.’’
‘‘Mattress foundations’’ are any base or
support for a mattress. Mattress foundations
are commonly referred to as ‘‘foundations,’’
‘‘boxsprings,’’ ‘‘platforms,’’ and/or ‘‘bases.’’
Bases can be static, foldable, or adjustable.
Only the mattress is covered by the scope if
imported as part of furniture, with furniture
mechanisms, or as part of a set in
combination with a mattress foundation.
Excluded from the scope of this
investigation are ‘‘futon’’ mattresses. A
‘‘futon’’ is a bi-fold frame made of wood,
metal, or plastic material, or any combination
thereof, that functions as both seating
furniture (such as a couch, love seat, or sofa)
and a bed. A ‘‘futon mattress’’ is a tufted
mattress, where the top covering is secured
to the bottom with thread that goes
completely through the mattress from the top
through to the bottom, and it does not
contain innersprings or foam. A futon
mattress is both the bed and seating surface
for the futon.
Also excluded from the scope are airbeds
(including inflatable mattresses) and
waterbeds, which consist of air- or 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
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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. Discussion of the Methodology
V. Discussion of the Issue
Comment: Whether Commerce Lawfully
Applied Facts Available and Adverse
Facts Available
VI. Recommendation
[FR Doc. 2021–06191 Filed 3–24–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
[Docket Number DARS–2021–0006; OMB
Control Number 0704–0397]
Information Collection Requirement;
Defense Federal Acquisition
Regulation Supplement; Requests for
Equitable Adjustment
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Notice and request for
comments regarding a proposed revision
and extension of an approved
information collection requirement.
AGENCY:
In compliance with the
Paperwork Reduction Act of 1995, DoD
SUMMARY:
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Agencies
[Federal Register Volume 86, Number 56 (Thursday, March 25, 2021)]
[Notices]
[Pages 15928-15930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06191]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-841]
Mattresses From Thailand: Final Affirmative Determination of
Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
mattresses from Thailand are being, or are likely to be, sold in the
United States at less than fair value (LTFV). The period of
investigation (POI) is January 1, 2019, through December 31, 2019.
DATES: Applicable March 25, 2021.
FOR FURTHER INFORMATION CONTACT: Paola Aleman Ordaz, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4031.
SUPPLEMENTARY INFORMATION:
Background
On November 3, 2020, Commerce published in the Federal Register its
preliminary affirmative determination in the LTFV investigation of
mattresses from Thailand, in which we also postponed the final
determination until March 18, 2021.\1\ 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 Preliminary
Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/.
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\1\ See Mattresses from Thailand: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional Measures, 85 FR
69568 (November 3, 2020) (Preliminary Determination) and
accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Determination in the Less-Than-Fair-Value Investigation of
Mattresses from Thailand,'' 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
Thailand. For a full description of the scope of this investigation,
see Appendix I of this notice.
Scope Comments
In Commerce's Preliminary Scope Decision Memorandum, we set aside a
period of time for parties to raise issues regarding product coverage
(i.e., scope) in scope case briefs or other written comments on scope
issues.\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 submitted by
interested parties in this investigation are addressed in the Issues
and Decision Memorandum. For a list of these issues, see Appendix II.
Verification
As stated in the Preliminary Determination, Commerce preliminary
relied upon total adverse facts available (AFA), pursuant to section
776(a) and (b) of the Tariff Act of 1930, as amended (the Act), in
determining the weighted-average dumping margins for both mandatory
respondents in this investigation, Nisco (Thailand) Co., Ltd. (Nisco)
and Saffron Living Co., Ltd. (Saffron). Accordingly, we did not
[[Page 15929]]
conduct verification under section 782(i) of the Act.\6\
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\6\ See Preliminary Determination.
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For the purposes of this final determination, Commerce is relying
on information submitted by Saffron, and applying partial, rather than
total, AFA to Saffron.\7\ Because Commerce was unable to conduct on-
site verification of the information relied upon in making its final
determination in this investigation, pursuant to section 776(a)(2)(D)
of the Act, we have relied upon the information submitted on the record
as facts available in making our final determination.
---------------------------------------------------------------------------
\7\ See Issues and Decisions Memorandum.
---------------------------------------------------------------------------
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 Saffron. For a discussion of these changes, see the Issues and
Decision Memorandum.
Use of Adverse Facts Available
Nisco failed to cooperate in this investigation.\8\ Therefore, in
the Prelminary Determination, pursuant to sections 776(a)(1),
776(a)(2)(A)-(C), and 776(b) of the Act, we assigned Nisco an estimated
weighted-average dumping margin based on AFA. No parties filed comments
concerning the Preliminary Determination with respect to Nisco, and
there is no new information on the record that would cause us to
revisit the Preliminary Determination. Accordingly, we continue to find
that the application of total AFA pursuant to sections 776(a) and (b)
of the Act is warranted with respect to Nisco. In applying total AFA,
we continue to determine an estimated weighted-average dumping margin
for Nisco of 763.28 percent, the highest dumping margin alleged in the
Petition,\9\ and which Commerce corroborated to the extent practicable
within the meaning of section 776(c) of the Act.\10\
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\8\ See Preliminary Determination PDM at 8-10.
\9\ See Initiation Notice; see also Checklist, ``Antidumping
Duty Investigation Checklist,'' dated April 20, 2020 (Initiation
Checklist).
\10\ See Preliminary Determination PDM at 8-10.
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In the Preliminary Determination, Commerce determined that Saffron
significantly impeded this investigation and failed to cooperate to the
best of its ability through its participation in a scheme to evade the
payment of cash deposits, and (in part) on that basis applied total AFA
to Saffron.\11\ As discussed in the accompanying Issues and Decision
Memorandum, we continue to find that the application of AFA to Saffron
is warranted with respect to its participation in that scheme. However,
for this final determination, Commerce is applying partial, rather than
total, AFA to Saffron. Specifically, as partial AFA, we have applied
the highest petition dumping margin of 763.28 percent only to the sales
of mattresses affected by Saffron's scheme to misrepresent the true
producers of certain mattresses to avoid payment of cash deposits,
weight averaged with the dumping margin calculated for Saffron's other
sales using the reported data.\12\
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\11\ See Memorandum, ``Preliminary Results Memorandum:
Application of Adverse Facts Available to Saffron Living Co.,
Ltd.,'' dated October 27, 2020 at 4.
\12\ See Memorandum, ``Final Determination Analysis Memorandum
for Saffron Living Co., Ltd.,'' dated concurrently with this
memorandum.
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All-Others Rate
In accordance with section 705(c)(5)(A) of the Act, Commerce shall
determine an estimated all-others rate for companies not individually
examined. Generally, under section 705(c)(5)(A)(i) of the Act, this
rate shall be an amount equal to the average of the estimated dumping
rates established for those companies individually examined, excluding
any zero and de minimis rates and any rates based entirely under
section 776 of the Act. However, section 705(c)(5)(A)(ii) of the Act
provides that if the antidumping rates established for all companies
individually examined are zero or de minimis rates, or are determined
entirely under section 776 of the Act, then Commerce may use ``any
reasonable method'' to establish an all others rate.
As explained above, the sole estimated weighted-average dumping
margin calculated for Saffron is based entirely on facts available. In
the specific circumstances of this case, we find that a reasonable
method to determine the all-others rate under section 735(c)(5)(B) of
the Act here is to apply Saffron's individual estimated antidumping
rate as the all-others rate for companies not individually examined.
Final Determination
Commerce determines that the weighted-average dumping margins are
as follows:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Nisco (Thailand) Co., Ltd................................... 763.28
Saffron Living Co., Ltd..................................... 37.48
All Others.................................................. 37.48
------------------------------------------------------------------------
Disclosure
We intend to disclose the calculations performed in this final
determination within five days of the date of publication of this
notice to parties in the proceeding, in accordance with 19 CFR 351.224
(b).
Continuation of Suspension of Liquidation
In accordance with section 733(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of entries of subject merchandise, as described in
Appendix I, entered, or withdrawn from warehouse, for consumption on or
after November 3, 2020, the date of the publication in the Federal
Register of the affirmative Preliminary Determination.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), we will instruct CBP to require a cash deposit for entries
of subject merchandise 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 margins determined
in this final determination; (2) if the exporter is not a respondent
identified above, but the producer is, then the cash deposit rate will
be equal to the company-specific estimated weighted-average dumping
margin established for that producer of the subject merchandise; and
(3) the cash deposit rate for all other producers and exporters will be
equal to the all-others estimated weighted-average dumping margin.
These suspension of liquidation instructions will remain in effect
until further notice.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
U.S. International Trade Commission (ITC) of the final affirmative
determination of sales at LTFV. Because the final determination in this
proceeding 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
[[Page 15930]]
material injury, by reason of imports of mattresses from Thailand no
later than 45 days after this final determination. If the ITC
determines that material injury, or threat of material injury, does not
exit, the proceeding will be terminated, and all cash deposits will be
refunded. If the ITC determines that such injury does exist, Commerce
will issue an AD duty order directing CBP to assess, upon further
instruction by Commerce, AD 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.
Notification Regarding Administrative Protective Order (APO)
This notice serves as a 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 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.
``Non-innerspring mattresses'' are those that do not contain any
innerspring units. They are generally produced from foams (e.g.,
polyurethane, memory (viscoelastic), latex foam, gel- infused
viscoelastic (gel foam), thermobonded polyester, polyethylene) or
other resilient filling.
Mattresses covered by the scope of this investigation may be
imported independently, as part of furniture or furniture mechanisms
(e.g., convertible sofa bed mattresses, sofa bed mattresses imported
with sofa bed mechanisms, corner group mattresses, day-bed
mattresses, roll-away bed mattresses, high risers, trundle bed
mattresses, crib mattresses), or as part of a set in combination
with a ``mattress foundation.'' ``Mattress foundations'' are any
base or support for a mattress. Mattress foundations are commonly
referred to as ``foundations,'' ``boxsprings,'' ``platforms,'' and/
or ``bases.'' Bases can be static, foldable, or adjustable. Only the
mattress is covered by the scope if imported as part of furniture,
with furniture mechanisms, or as part of a set in combination with a
mattress foundation.
Excluded from the scope of this investigation are ``futon''
mattresses. A ``futon'' is a bi-fold frame made of wood, metal, or
plastic material, or any combination thereof, that functions as both
seating furniture (such as a couch, love seat, or sofa) and a bed. A
``futon mattress'' is a tufted mattress, where the top covering is
secured to the bottom with thread that goes completely through the
mattress from the top through to the bottom, and it does not contain
innersprings or foam. A futon mattress is both the bed and seating
surface for the futon.
Also excluded from the scope are airbeds (including inflatable
mattresses) and waterbeds, which consist of air- or liquid-filled
bladders as the core or main support system of the mattress.
Also excluded is certain multifunctional furniture that is
convertible from seating to sleeping, regardless of filler material
or components, where that filler material or components are
upholstered, integrated into the design and construction of, and
inseparable from, the furniture framing, and the outermost layer of
the multifunctional furniture converts into the sleeping surface.
Such furniture may, and without limitation, be commonly referred to
as ``convertible sofas,'' ``sofabeds,'' ``sofa chaise sleepers,''
``futons,'' ``ottoman sleepers'' or a like description.
Also excluded from the scope of this investigation are any
products covered by the existing antidumping duty orders on
uncovered innerspring units from China or Vietnam. See Uncovered
Innerspring Units from the People's Republic of China: Notice of
Antidumping Duty Order, 74 FR 7661 (February 19, 2009); Antidumping
Duty Order: Uncovered Innerspring Units from the Socialist Republic
of Vietnam, 73 FR 75391 (December 11, 2008).
Also excluded from the scope of this investigation are bassinet
pads with a nominal length of less than 39 inches, a nominal width
less than 25 inches, and a nominal depth of less than 2 inches.
Additionally, also excluded from the scope of this investigation
are ``mattress toppers.'' A ``mattress topper'' is a removable
bedding accessory that supplements a mattress by providing an
additional layer that is placed on top of a mattress. Excluded
mattress toppers have a height of four inches or less.
The products subject to this investigation are currently
properly classifiable under HTSUS subheadings: 9404.21.0010,
9404.21.0013, 9404.29.1005, 9404.29.1013, 9404.29.9085, and
9404.29.9087. Products subject to this investigation may also enter
under HTSUS subheadings: 9404.21.0095, 9404.29.1095, 9404.29.9095,
9401.40.0000, and 9401.90.5081. Although the HTSUS subheadings are
provided for convenience and customs purposes, the written
description of the merchandise subject to this investigation is
dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Discussion of the Methodology
V. Discussion of the Issue
Comment: Whether Commerce Lawfully Applied Facts Available and
Adverse Facts Available
VI. Recommendation
[FR Doc. 2021-06191 Filed 3-24-21; 8:45 am]
BILLING CODE 3510-DS-P