Mattresses From the Socialist Republic of Vietnam: Final Affirmative Determination of Sales at Less Than Fair Value, 15889-15892 [2021-06194]

Download as PDF Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Notices VIII. Analysis of Programs IX. Recommendation Dated: March 19, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2021–06197 Filed 3–24–21; 8:45 am] BILLING CODE 3510–DS–P Appendix I Scope of the Investigation The merchandise covered by this investigation consists of certain wind towers, whether or not tapered, and sections thereof. Certain wind towers support the nacelle and rotor blades in a wind turbine with a minimum rated electrical power generation capacity in excess of 100 kilowatts and with a minimum height of 50 meters measured from the base of the tower to the bottom of the nacelle (i.e., where the top of the tower and nacelle are joined) when fully assembled. A wind tower section consists of, at a minimum, multiple steel plates rolled into cylindrical or conical shapes and welded together (or otherwise attached) to form a steel shell, regardless of coating, end-finish, painting, treatment, or method of manufacture, and with or without flanges, doors, or internal or external components (e.g., flooring/decking, ladders, lifts, electrical buss boxes, electrical cabling, conduit, cable harness for nacelle generator, interior lighting, tool and storage lockers) attached to the wind tower section. Several wind tower sections are normally required to form a completed wind tower. Wind towers and sections thereof are included within the scope whether or not they are joined with nonsubject merchandise, such as nacelles or rotor blades, and whether or not they have internal or external components attached to the subject merchandise. Specifically excluded from the scope are nacelles and rotor blades, regardless of whether they are attached to the wind tower. Also excluded are any internal or external components which are not attached to the wind towers or sections thereof, unless those components are shipped with the tower sections. Merchandise covered by this investigation is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheading 7308.20.0020 or 8502.31.0000. Wind towers of iron or steel are classified under HTSUS 7308.20.0020 when imported separately as a tower or tower section(s). Wind towers may be classified under HTSUS 8502.31.0000 when imported as combination goods with a wind turbine (i.e., accompanying nacelles and/or rotor blades). While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope Comments IV. Scope of the Investigation V. Injury Test VI. Subsidies Valuation VII. Use of Facts Otherwise Available VerDate Sep<11>2014 17:52 Mar 24, 2021 Jkt 253001 DEPARTMENT OF COMMERCE International Trade Administration [A–552–827] Mattresses From the Socialist Republic of Vietnam: Final Affirmative Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that imports of mattresses from the Socialist Republic of Vietnam (Vietnam) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is July 1, 2019, through December 31, 2019. DATES: Applicable March 25, 2021. FOR FURTHER INFORMATION CONTACT: Stephen Bailey or Dakota Potts, 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) 482–0193 or (202) 482–0223, respectively. SUPPLEMENTARY INFORMATION: AGENCY: 15889 (collectively, Ashley Group) and Vietnam Glory Home Furnishings Co., Ltd. and Glory (Viet Nam) Industry Co., Ltd. (collectively, Vietnam Glory). We invited interested parties to comment on the Preliminary Determination.2 A summary of the events that occurred since Commerce published the Preliminary Determination may be found in the Issues and Decision Memorandum.3 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 Vietnam. For a full description of the scope of this investigation, see the ‘‘Scope of the Investigation,’’ at 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.4 Certain interested parties commented on the scope of the investigation as it appeared Background in the Preliminary Scope Decision On November 3, 2020, Commerce Memorandum, unchanged from the published the Preliminary 5 Determination in the LTFV investigation Initiation Notice. For a summary of the product coveragecomments and rebuttal of mattresses from Vietnam, in which responses submitted to the record for we also postponed the final this final determination, and determination until March 18, 2021.1 accompanying discussion and analysis The petitioners in this investigation are of all comments timely received, see the Brooklyn Bedding, Corsicana Mattress 6 Company, Elite Comfort Solutions, FXI, Final Scope Memorandum. In the Final Inc., Innocor, Inc., Kolcraft Enterprises, 2 Id. Inc., Leggett & Platt, Incorporated, the 3 See Memorandum, ‘‘Issues and Decision International Brotherhood of Teamsters, Memorandum for the Final Affirmative and United Steel, Paper and Forestry, Determination in the Less-Than-Fair-Value Investigation of Mattresses from the Socialist Rubber, Manufacturing, Energy, Allied Republic of Vietnam,’’ dated concurrently with, and Industrial and Service Workers hereby adopted by, this notice (Issues and Decision International Union, AFL–CIO (‘‘USW’’) Memorandum). 4 SeeMemorandum, ‘‘Mattresses from Cambodia, (collectively, the petitioners). The Indonesia, Malaysia, Serbia, Thailand, the Republic mandatory respondents in this of Turkey, the Socialist Republic of Vietnam, and investigation are Wanek Furniture Co., the People’s Republic of China: Scope Comments Ltd., Millennium Furniture Co., Ltd., Decision Memorandum for the Preliminary and Comfort Bedding Co., Ltd. Determination,’’ dated October 27, 2020 1 See Mattresses from the Socialist Republic of Vietnam: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 85 FR 69591 (November 3, 2020) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (Preliminary Decision Memorandum). PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 (Preliminary Scope Decision Memorandum). 5 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). 6 See Memorandum, ‘‘Mattresses from Cambodia, Indonesia, Malaysia, Serbia, Thailand, the Republic E:\FR\FM\25MRN1.SGM Continued 25MRN1 15890 Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Notices 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 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 to this notice at Appendix II. 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).7 Methodology Commerce conducted this investigation in accordance with section 731 of the Act. Export price was calculated in accordance with section 772(a) of the Act. Constructed export price was calculated in accordance with section 772(b) of the Act. Because Vietnam is a non-market economy within the meaning of section 771(18) of the Act, normal value was calculated in accordance with section 773(c) of the Act. For a full description of the methodology underlying Commerce’s determination, see the Preliminary Decision Memorandum; see also the Issues and Decision Memorandum. Changes Since the Preliminary Determination Based on our analysis of the comments received and the information received in lieu of on-site verification, we made certain changes to the margin calculation for Ashley Group. For a discussion of these changes, see the Issues and Decision Memorandum. component method and Ashley Group’s record data, a dumping margin of 668.38 percent. For further discussion, see the Issues and Decision Memorandum at ‘‘Use of Adverse Facts Available’’ 9 and the proprietary memorandum accompanying the Issues and Decision Memorandum for a full proprietary analysis.10 Vietnam-Wide Entity and Use of Adverse Facts Available For the reasons explained in the Preliminary Determination, we continue to find that the use of adverse facts available (AFA), pursuant to sections 776(a) and (b) of the Act, is warranted in determining the rate for the mandatory respondent, Vietnam Glory, and for the Vietnam-wide entity. In selecting the AFA rate for Vietnam Glory and the Vietnam-wide entity, Commerce’s practice is to select a rate that is sufficiently adverse to ensure that the uncooperative party does not obtain a more favorable result by failing to cooperate than if it had fully cooperated.8 For the final determination, we are unable to corroborate the two highest dumping margins calculated in the petition, i.e., 989.90 and 686.59 percent. However, we are able to corroborate the third highest margin calculated in the petition, i.e., 668.38 percent, by examining the U.S. price and normal value that are the basis of the dumping margins alleged in the petition compared to the U.S. prices reported by Ashley Group and the normal values calculated for Ashley Group in this investigation. For the final determination, we are assigning Vietnam Glory and the Vietnam-wide entity, as AFA, the highest dumping margin calculated in the petition which we are able to corroborate using the Separate Rates We received one comment about our decision in the Preliminary Determination to grant separate rate status to 11 companies, including Ashley Group and Vietnam Glory. However, we have not changed our decision from the Preliminary Determination for the final determination.11 The exporters granted separate rate status in this final determination are listed in the table in the ‘‘Final Determination’’ section of this notice. We continue to assign the estimated weighted-average dumping margin for Ashley Group to the exporters not individually examined that are entitled to a separate rate. The companies denied a separate rate will be treated as part of the Vietnam-wide entity. Combination Rates As explained in the Initiation Notice and implemented in the Preliminary Determination, we have continued to calculate producer/exporter combination rates for the respondents that are eligible for a separate rate.12 Policy Bulletin 05.1 describes this practice.13 Final Determination The final estimated weighted-average dumping margins are as follows: Estimated weighted-average dumping margin (percent) Producer Exporter Cong Ty Tnhn Nem Thien Kim (a.k.a. Better Z’s, Ltd.) ......... Hava’s Co., Ltd ....................................................................... Cong Ty Tnhn Nem Thien Kim (a.k.a. Better Z’s, Ltd.) ......... Gesin Vietnam Co., Ltd .......................................................... Sinomax (Vietnam) Household Products Limited .................. Sinomax (Vietnam) Household Products Limited .................. Super Foam Vietnam Ltd ....................................................... Dockter China Limited ............................................................ Hava’s Co., Ltd ....................................................................... Healthcare Sleep Products Limited ........................................ Hong Kong Gesin Technology Limited .................................. Sinomax International Trading Limited .................................. Sinomax Macao Commercial Offshore Limited ..................... Super Foam Vietnam Ltd ....................................................... 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). 7 See Commerce’s Letter, ‘‘Antidumping Duty Investigation of Mattresses from Indonesia: Supplemental Questionnaire in Lieu of On-Site Verification,’’ dated January 19, 2021. 8 See, e.g., Notice of Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination: Purified Carboxymethyl VerDate Sep<11>2014 17:52 Mar 24, 2021 Jkt 253001 Cellulose from Finland, 69 FR 77216 (December 27, 2004), unchanged in Notice of Final Determination of Sales at Less Than Fair Value: Purified Carboxymethyl Cellulose from Finland, 70 FR 28279 (May 17, 2005). 9 See Issues and Decision Memorandum. 10 See Memorandum, ‘‘Corroboration of the Adverse Facts Available Rate for the Final Determination in the Less-Than-Fair-Value Investigation of Mattresses from the Socialist Republic of Vietnam,’’ dated concurrently with, and hereby adopted by, this notice. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 144.92 144.92 144.92 144.92 144.92 144.92 144.92 11 See Issues and Decision Memorandum at Comment 8 for a complete discussion and analysis. 12 See Initiation Notice; see also Preliminary Determination. 13 See Enforcement and Compliance’s Policy Bulletin No. 05.1, regarding, ‘‘Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries,’’ (April 5, 2005) (Policy Bulletin 05.1), available on Commerce’s website at https://enforcement.trade.gov/policy/bull05-1.pdf. E:\FR\FM\25MRN1.SGM 25MRN1 Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Notices Estimated weighted-average dumping margin (percent) Producer Exporter Taimei Company Limited (a.k.a. Taimei Co., Ltd) ................. Tong Li Vietnam Industrial Co., LTD ...................................... Vietnam Glory Home Furnishings Co., Ltd./Glory (Viet Nam) Industry Co., Ltd. Wanek Furniture Co., Ltd./Millennium Furniture Co., Ltd./ Comfort Bedding Company Limited. Taimei Company Limited (a.k.a. Taimei Co., Ltd) ................. Tong Li Vietnam Industrial Co., LTD ..................................... Vietnam Glory Home Furnishings Co.,Ltd./Glory (Viet Nam) Industry Co., Ltd. Wanek Furniture Co., Ltd./Millennium Furniture Co., Ltd./ Comfort Bedding Company Limited. Vietnam-wide entity Disclosure We intend to disclose to interested parties under Administrative Protective Order (APO), the calculations performed in connection with 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 the notice of final determination in the Federal Register, 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 Indonesia, 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 for estimated antidumping duties for such entries as follows: (1) for the exporter/producer combinations listed in the table above, the cash deposit rate is equal to the estimated weighted-average dumping margin listed for that combination in the table; (2) for all combinations of Vietnamese exporters/producers not listed in the above table, the cash deposit rate is equal to the estimated weighted-average dumping margin listed in the table for the Vietnam-wide entity; and (3) for all non-Vietnamese exporters not listed in the table above, the cash deposit rate is equal to the cash deposit rate applicable to the Vietnamese exporter/producer combination (or the Vietnam-wide entity) that supplied that nonVietnamese exporter. These suspension of liquidation instructions will remain in effect until further notice. VerDate Sep<11>2014 17:52 Mar 24, 2021 Jkt 253001 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 the 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 subject mattresses, 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 deposited for antidumping duties will be refunded. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ‘‘Continuation of Suspension of Liquidation’’ section. Notification Regarding APO This notice serves as a reminder to the parties subject to APO of their responsibility concerning the disposition of propriety information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or, alternatively, conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation that is subject to sanction. Notification to Interested Parties This determination is issued and published pursuant to sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c). Frm 00015 Fmt 4703 144.92 144.92 668.38 144.92 668.38 International Trade Commission Notification PO 00000 15891 Sfmt 4703 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 E:\FR\FM\25MRN1.SGM 25MRN1 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, VerDate Sep<11>2014 17:52 Mar 24, 2021 Jkt 253001 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 Frm 00016 Fmt 4703 Sfmt 4703 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). E:\FR\FM\25MRN1.SGM 25MRN1

Agencies

[Federal Register Volume 86, Number 56 (Thursday, March 25, 2021)]
[Notices]
[Pages 15889-15892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06194]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-827]


Mattresses From the Socialist Republic of Vietnam: Final 
Affirmative Determination of Sales at Less Than Fair Value

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

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

DATES: Applicable March 25, 2021.

FOR FURTHER INFORMATION CONTACT: Stephen Bailey or Dakota Potts, 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) 482-0193 or (202) 482-0223, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 3, 2020, Commerce published the Preliminary 
Determination in the LTFV investigation of mattresses from Vietnam, in 
which we also postponed the final determination until March 18, 
2021.\1\ The petitioners in this investigation are Brooklyn Bedding, 
Corsicana Mattress Company, Elite Comfort Solutions, FXI, Inc., 
Innocor, Inc., Kolcraft Enterprises, Inc., Leggett & Platt, 
Incorporated, the International Brotherhood of Teamsters, and United 
Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied 
Industrial and Service Workers International Union, AFL-CIO (``USW'') 
(collectively, the petitioners). The mandatory respondents in this 
investigation are Wanek Furniture Co., Ltd., Millennium Furniture Co., 
Ltd., and Comfort Bedding Co., Ltd. (collectively, Ashley Group) and 
Vietnam Glory Home Furnishings Co., Ltd. and Glory (Viet Nam) Industry 
Co., Ltd. (collectively, Vietnam Glory). We invited interested parties 
to comment on the Preliminary Determination.\2\ A summary of the events 
that occurred since Commerce published the Preliminary Determination 
may be found in the Issues and Decision Memorandum.\3\ 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 the Socialist Republic of Vietnam: 
Preliminary Affirmative Determination of Sales at Less Than Fair 
Value, Postponement of Final Determination, and Extension of 
Provisional Measures, 85 FR 69591 (November 3, 2020) (Preliminary 
Determination), and accompanying Preliminary Decision Memorandum 
(Preliminary Decision Memorandum).
    \2\ Id.
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less-Than-Fair-Value 
Investigation of Mattresses from the Socialist Republic of 
Vietnam,'' 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 
Vietnam. For a full description of the scope of this investigation, see 
the ``Scope of the Investigation,'' at 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.\4\ Certain interested parties commented on the scope of the 
investigation as it appeared in the Preliminary Scope Decision 
Memorandum, unchanged from the Initiation Notice.\5\ For a summary of 
the product coveragecomments 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.\6\ In the Final

[[Page 15890]]

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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    \4\ SeeMemorandum, ``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).
    \5\ 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).
    \6\ 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 to this notice 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).\7\
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    \7\ See Commerce's Letter, ``Antidumping Duty Investigation of 
Mattresses from Indonesia: Supplemental Questionnaire in Lieu of On-
Site Verification,'' dated January 19, 2021.
---------------------------------------------------------------------------

Methodology

    Commerce conducted this investigation in accordance with section 
731 of the Act. Export price was calculated in accordance with section 
772(a) of the Act. Constructed export price was calculated in 
accordance with section 772(b) of the Act. Because Vietnam is a non-
market economy within the meaning of section 771(18) of the Act, normal 
value was calculated in accordance with section 773(c) of the Act. For 
a full description of the methodology underlying Commerce's 
determination, see the Preliminary Decision Memorandum; see also the 
Issues and Decision Memorandum.

Changes Since the Preliminary Determination

    Based on our analysis of the comments received and the information 
received in lieu of on-site verification, we made certain changes to 
the margin calculation for Ashley Group. For a discussion of these 
changes, see the Issues and Decision Memorandum.

Vietnam-Wide Entity and Use of Adverse Facts Available

    For the reasons explained in the Preliminary Determination, we 
continue to find that the use of adverse facts available (AFA), 
pursuant to sections 776(a) and (b) of the Act, is warranted in 
determining the rate for the mandatory respondent, Vietnam Glory, and 
for the Vietnam-wide entity. In selecting the AFA rate for Vietnam 
Glory and the Vietnam-wide entity, Commerce's practice is to select a 
rate that is sufficiently adverse to ensure that the uncooperative 
party does not obtain a more favorable result by failing to cooperate 
than if it had fully cooperated.\8\ For the final determination, we are 
unable to corroborate the two highest dumping margins calculated in the 
petition, i.e., 989.90 and 686.59 percent. However, we are able to 
corroborate the third highest margin calculated in the petition, i.e., 
668.38 percent, by examining the U.S. price and normal value that are 
the basis of the dumping margins alleged in the petition compared to 
the U.S. prices reported by Ashley Group and the normal values 
calculated for Ashley Group in this investigation. For the final 
determination, we are assigning Vietnam Glory and the Vietnam-wide 
entity, as AFA, the highest dumping margin calculated in the petition 
which we are able to corroborate using the component method and Ashley 
Group's record data, a dumping margin of 668.38 percent. For further 
discussion, see the Issues and Decision Memorandum at ``Use of Adverse 
Facts Available'' \9\ and the proprietary memorandum accompanying the 
Issues and Decision Memorandum for a full proprietary analysis.\10\
---------------------------------------------------------------------------

    \8\ See, e.g., Notice of Preliminary Determination of Sales at 
Less Than Fair Value and Postponement of Final Determination: 
Purified Carboxymethyl Cellulose from Finland, 69 FR 77216 (December 
27, 2004), unchanged in Notice of Final Determination of Sales at 
Less Than Fair Value: Purified Carboxymethyl Cellulose from Finland, 
70 FR 28279 (May 17, 2005).
    \9\ See Issues and Decision Memorandum.
    \10\ See Memorandum, ``Corroboration of the Adverse Facts 
Available Rate for the Final Determination in the Less-Than-Fair-
Value Investigation of Mattresses from the Socialist Republic of 
Vietnam,'' dated concurrently with, and hereby adopted by, this 
notice.
---------------------------------------------------------------------------

Separate Rates

    We received one comment about our decision in the Preliminary 
Determination to grant separate rate status to 11 companies, including 
Ashley Group and Vietnam Glory. However, we have not changed our 
decision from the Preliminary Determination for the final 
determination.\11\ The exporters granted separate rate status in this 
final determination are listed in the table in the ``Final 
Determination'' section of this notice. We continue to assign the 
estimated weighted-average dumping margin for Ashley Group to the 
exporters not individually examined that are entitled to a separate 
rate. The companies denied a separate rate will be treated as part of 
the Vietnam-wide entity.
---------------------------------------------------------------------------

    \11\ See Issues and Decision Memorandum at Comment 8 for a 
complete discussion and analysis.
---------------------------------------------------------------------------

Combination Rates

    As explained in the Initiation Notice and implemented in the 
Preliminary Determination, we have continued to calculate producer/
exporter combination rates for the respondents that are eligible for a 
separate rate.\12\ Policy Bulletin 05.1 describes this practice.\13\
---------------------------------------------------------------------------

    \12\ See Initiation Notice; see also Preliminary Determination.
    \13\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigations involving Non-Market Economy 
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on 
Commerce's website at https://enforcement.trade.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------

Final Determination

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

------------------------------------------------------------------------
                                                           Estimated
                                                       weighted-average
           Producer                   Exporter          dumping margin
                                                           (percent)
------------------------------------------------------------------------
Cong Ty Tnhn Nem Thien Kim     Dockter China Limited              144.92
 (a.k.a. Better Z's, Ltd.).
Hava's Co., Ltd..............  Hava's Co., Ltd......              144.92
Cong Ty Tnhn Nem Thien Kim     Healthcare Sleep                   144.92
 (a.k.a. Better Z's, Ltd.).     Products Limited.
Gesin Vietnam Co., Ltd.......  Hong Kong Gesin                    144.92
                                Technology Limited.
Sinomax (Vietnam) Household    Sinomax International              144.92
 Products Limited.              Trading Limited.
Sinomax (Vietnam) Household    Sinomax Macao                      144.92
 Products Limited.              Commercial Offshore
                                Limited.
Super Foam Vietnam Ltd.......  Super Foam Vietnam                 144.92
                                Ltd.

[[Page 15891]]

 
Taimei Company Limited         Taimei Company                     144.92
 (a.k.a. Taimei Co., Ltd).      Limited (a.k.a.
                                Taimei Co., Ltd).
Tong Li Vietnam Industrial     Tong Li Vietnam                    144.92
 Co., LTD.                      Industrial Co., LTD.
Vietnam Glory Home             Vietnam Glory Home                 668.38
 Furnishings Co., Ltd./Glory    Furnishings Co.,Ltd./
 (Viet Nam) Industry Co., Ltd.  Glory (Viet Nam)
                                Industry Co., Ltd.
Wanek Furniture Co., Ltd./     Wanek Furniture Co.,               144.92
 Millennium Furniture Co.,      Ltd./Millennium
 Ltd./Comfort Bedding Company   Furniture Co., Ltd./
 Limited.                       Comfort Bedding
                                Company Limited.
------------------------------------------------------------------------
                 Vietnam-wide entity                              668.38
------------------------------------------------------------------------

Disclosure

    We intend to disclose to interested parties under Administrative 
Protective Order (APO), the calculations performed in connection with 
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 the notice of final determination in the Federal 
Register, 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 
Indonesia, 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 for estimated antidumping duties for such 
entries as follows: (1) for the exporter/producer combinations listed 
in the table above, the cash deposit rate is equal to the estimated 
weighted-average dumping margin listed for that combination in the 
table; (2) for all combinations of Vietnamese exporters/producers not 
listed in the above table, the cash deposit rate is equal to the 
estimated weighted-average dumping margin listed in the table for the 
Vietnam-wide entity; and (3) for all non-Vietnamese exporters not 
listed in the table above, the cash deposit rate is equal to the cash 
deposit rate applicable to the Vietnamese exporter/producer combination 
(or the Vietnam-wide entity) that supplied that non-Vietnamese 
exporter.
    These suspension of liquidation instructions will remain in effect 
until further notice.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
International Trade Commission (ITC) of the final affirmative 
determination of sales at LTFV. Because the 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 subject mattresses, 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 deposited for 
antidumping duties will be refunded. If the ITC determines that such 
injury does exist, Commerce will issue an antidumping duty order 
directing CBP to assess, upon further instruction by Commerce, 
antidumping duties on all imports of the subject merchandise entered, 
or withdrawn from warehouse, for consumption on or after the effective 
date of the suspension of liquidation, as discussed above in the 
``Continuation of Suspension of Liquidation'' section.

Notification Regarding APO

    This notice serves as a reminder to the parties subject to APO of 
their responsibility concerning the disposition of propriety 
information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Timely written notification of the return or destruction 
of APO materials or, alternatively, conversion to judicial protective 
order, is hereby requested. Failure to comply with the regulations and 
terms of an APO is a violation that is subject to sanction.

Notification to Interested Parties

    This determination is issued and published pursuant to 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

[[Page 15892]]

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. 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
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