Mattresses From Serbia: Final Affirmative Determination of Sales at Less Than Fair Value, and Final Negative Finding of Critical Circumstances, 15892-15894 [2021-06192]
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15892
Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Notices
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.’’
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,
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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. Use of Adverse Facts Available
V. Changes Since the Preliminary
Determination
VI. Discussion of the Issues
Comment 1: Whether to Continue to Apply
Total AFA to Vietnam Glory
Comment 2: Whether to Continue to Use
Emirates Sleep Financial Statements to
Calculate Surrogate Financial Ratios
Comment 3: Whether to Continue to Use
Indian Harmonized Tariff Schedule
(HTS) Code 9404.20.90 to Value
Innerspring Units
Comment 4: Whether to Base Prices for
Sleeper Sofa Mattresses on Market
Values
Comment 5: Surrogate Value (SV)
Classification of Certain Ashley Group
Inputs
Comment 6: SAS Programming Errors for
U.S. Sales Expenses Related to Sleeper
Sofa Mattresses
Comment 7: SAS Programming Errors for
Ocean Freight, Marine Insurance,
Brokerage and Handling, and Packing
Glue
Comment 8: Whether Commerce Should
Include Ashley Furniture Industries
(AFI) and Ashley Furniture Trading
Company (AFTC) in Ashley Group’s
Combination Cash Deposit Rate
VII. Recommendation
[FR Doc. 2021–06194 Filed 3–24–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–801–002]
Mattresses From Serbia: Final
Affirmative Determination of Sales at
Less Than Fair Value, and Final
Negative Finding of Critical
Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that imports of
mattresses from Serbia are being, or are
likely to be, sold in the United States at
less than fair value (LTFV) during the
period of investigation January 1, 2019,
through December 31, 2019.
DATES: Applicable March 25, 2021.
FOR FURTHER INFORMATION CONTACT:
Joshua DeMoss, AD/CVD Operations,
AGENCY:
PO 00000
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Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3362,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 3, 2020, Commerce
published the Preliminary
Determination of sales at LTFV of
mattresses from Serbia, in which we
also postponed the final determination
to March 18, 2021.1 We invited
interested parties to comment on the
Preliminary Determination. The
mandatory respondent in this
investigation is Healthcare Europe DOO
Ruma (Healthcare). For a complete
description of the events that followed
the Preliminary Determination, see 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/.
Scope of the Investigation
The products covered by this
investigation are mattresses from
Indonesia. 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
1 See Mattresses from Serbia: Preliminary
Affirmative Determination of Sales at Less Than
Fair Value, Preliminary Negative Determination of
Critical Circumstances, Postponement of Final
Determination, and Extension of Provisional
Measures, 85 FR 69589 (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 Serbia,’’ 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
Decision Memorandum for the Preliminary
Determination,’’ dated October 27, 2020
(Preliminary Scope Decision Memorandum).
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Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Notices
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.
from Healthcare and that critical
circumstances did not exist with respect
to all other exporters or producers not
individually examined.7 We have not
modified our critical circumstances
finding for Healthcare 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
Serbia. For a full description of the
methodology and results of Commerce’s
critical circumstances analysis, see the
Issues and Decision Memorandum.
Analysis of Comments Received
Section 735(c)(5)(A) of the Act
provides that the estimated all-others
rate shall be an amount equal to the
weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding any
zero or de minimis margins, and
margins determined entirely under
section 776 of the Act.
Commerce calculated an individual
estimated weighted-average dumping
margin for Healthcare, 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 Healthcare is the margin
assigned to all other producers and
exporters, pursuant to section
735(c)(5)(A) of the Act.
All issues raised in the case and
rebuttal briefs by parties in this
investigation are discussed in the Issues
and Decision Memorandum. A list of
topics included in the Issues and
Decision Memorandum is included as
Appendix II to this notice.
Verification
Commerce was unable to conduct onsite 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
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received, we made certain
changes to the margin calculations for
Healthcare. For a complete discussion of
these changes, see the Issues and
Decision Memorandum. We have also
revised the all-others rate.
Final Negative Determination of
Critical Circumstances
Commerce preliminarily determined
that critical circumstances did not exist
with respect to imports of mattresses
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, Questionnaire In-Lieuof-Onsite-Verification, dated February 3, 2021; see
also Healthcare’s Letter, ‘‘Investigation of
Mattresses from Serbia: Healthcare’s Response to
the Department’s Questionnaire in Lieu of On-Site
Verification,’’ dated February 11, 2021.
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All-Others Rate
15893
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, we will direct
U.S. Customs and Border Protection
(CBP) to continue to suspend
liquidation of all entries of mattresses
from Serbia, as described in Appendix
I of this notice, which were entered, or
withdrawn from warehouse, for
consumption on or after November 3,
2020, the date of publication of the
affirmative Preliminary Determination
in the Federal Register.
Pursuant to section 735(c)(1)(B)(ii) of
the Act and 19 CFR 351.210(d),
Commerce will instruct CBP to require
a cash deposit equal to the estimated
weighted-average dumping margin or
the estimated all-others rate, as follows:
(1) The cash deposit rate for the
company 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.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the International
Trade Commission (ITC) of the final
The final estimated weighted-average
affirmative determinations of sales at
dumping margins are as follows:
LTFV. Because Commerce’s final
Estimated determination is affirmative, in
weighted- accordance with section 735(b)(2) of the
average
Act, the ITC will make its final
Exporter/producer
dumping
determinations as to whether the
margin
domestic industry in the United States
(percent)
is materially injured, or threatened with
Healthcare Europe DOO Ruma
112.11 material injury, by reason of imports, or
All Others ....................................
112.11 sales (or the likelihood of sales) for
importation of mattresses from Serbia
no later than 45 days after our final
Disclosure
determination. If the ITC determines
Commerce intends to disclose to
that such injury does not exist, these
proceedings will be terminated, and all
interested parties the calculations
cash deposits will be refunded. If the
performed for this final determination
ITC determines that such injury does
within five days of any public
exist, Commerce will issue antidumping
announcement or, if there is no public
duty orders directing CBP to assess,
announcement, within five days of the
upon further instruction by Commerce,
date of publication of this notice in
antidumping duties on all imports of the
accordance with 19 CFR 351.224(b).
subject merchandise entered, or
withdrawn from warehouse, for
7 See Preliminary Determination, 85 FR at 69589,
and accompanying PDM at 5–7.
consumption on or after the effective
Final Determination
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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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]]>Agencies
[Federal Register Volume 86, Number 56 (Thursday, March 25, 2021)]
[Notices]
[Pages 15892-15894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06192]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-801-002]
Mattresses From Serbia: Final Affirmative Determination of Sales
at Less Than Fair Value, and Final Negative Finding 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 Serbia are being, or are likely to be, sold in the
United States at less than fair value (LTFV) during the period of
investigation January 1, 2019, through December 31, 2019.
DATES: Applicable March 25, 2021.
FOR FURTHER INFORMATION CONTACT: Joshua DeMoss, AD/CVD Operations,
Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3362, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 3, 2020, Commerce published the Preliminary
Determination of sales at LTFV of mattresses from Serbia, in which we
also postponed the final determination to March 18, 2021.\1\ We invited
interested parties to comment on the Preliminary Determination. The
mandatory respondent in this investigation is Healthcare Europe DOO
Ruma (Healthcare). For a complete description of the events that
followed the Preliminary Determination, see 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/.
---------------------------------------------------------------------------
\1\ See Mattresses from Serbia: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Preliminary Negative
Determination of Critical Circumstances, Postponement of Final
Determination, and Extension of Provisional Measures, 85 FR 69589
(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 Serbia,'' dated concurrently with,
and hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are mattresses from
Indonesia. 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
[[Page 15893]]
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).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this investigation are discussed in the Issues and Decision Memorandum.
A list of topics included in the Issues and Decision Memorandum is
included as Appendix II to this notice.
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\
---------------------------------------------------------------------------
\6\ See Commerce's Letter, Questionnaire In-Lieu-of-Onsite-
Verification, dated February 3, 2021; see also Healthcare's Letter,
``Investigation of Mattresses from Serbia: Healthcare's Response to
the Department's Questionnaire in Lieu of On-Site Verification,''
dated February 11, 2021.
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
Based on our analysis of the comments received, we made certain
changes to the margin calculations for Healthcare. For a complete
discussion of these changes, see the Issues and Decision Memorandum. We
have also revised the all-others rate.
Final Negative Determination of Critical Circumstances
Commerce preliminarily determined that critical circumstances did
not exist with respect to imports of mattresses from Healthcare and
that critical circumstances did not exist with respect to all other
exporters or producers not individually examined.\7\ We have not
modified our critical circumstances finding for Healthcare 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 Serbia. For a full description of the methodology
and results of Commerce's critical circumstances analysis, see the
Issues and Decision Memorandum.
---------------------------------------------------------------------------
\7\ See Preliminary Determination, 85 FR at 69589, 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 all-
others rate shall be an amount equal to the weighted average of the
estimated weighted-average dumping margins established for exporters
and producers individually investigated, excluding any zero or de
minimis margins, and margins determined entirely under section 776 of
the Act.
Commerce calculated an individual estimated weighted-average
dumping margin for Healthcare, 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 Healthcare 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)
------------------------------------------------------------------------
Healthcare Europe DOO Ruma.................................. 112.11
All Others.................................................. 112.11
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose to interested parties the calculations
performed for this final determination within five days of any public
announcement or, if there is no public announcement, 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, we will direct
U.S. Customs and Border Protection (CBP) to continue to suspend
liquidation of all entries of mattresses from Serbia, as described in
Appendix I of this notice, which were entered, or withdrawn from
warehouse, for consumption on or after November 3, 2020, the date of
publication of the affirmative Preliminary Determination in the Federal
Register.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), Commerce will instruct CBP to require a cash deposit equal
to the estimated weighted-average dumping margin or the estimated all-
others rate, as follows: (1) The cash deposit rate for the company
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.
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
determinations 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 determinations 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 Serbia no later than 45 days
after our final determination. If the ITC determines that such injury
does not exist, these proceedings will be terminated, and all cash
deposits will be refunded. If the ITC determines that such injury does
exist, Commerce will issue antidumping duty orders 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
[[Page 15894]]
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.
``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. 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
