Mattresses From the People's Republic of China: Countervailing Duty Order, 26463-26465 [2021-10237]

Download as PDF Federal Register / Vol. 86, No. 92 / Friday, May 14, 2021 / Notices Turkey, and Vietnam entered, or withdrawn from warehouse, for consumption after May 1, 2021, the final day on which the provisional measures were in effect, through the day preceding the date of publication of the ITC’s final affirmative injury determinations in the Federal Register. Suspension of liquidation will resume on the date of publication of the ITC’s final affirmative injury determinations in the Federal Register. Notification to Interested Parties This notice constitutes the antidumping duty orders with respect to mattresses from Cambodia, Indonesia, Malaysia, Serbia, Thailand, Turkey, and Vietnam pursuant to section 736(a) of the Act. Interested parties can find a list of antidumping duty orders currently in effect at https://enforcement.trade.gov/ stats/iastats1.html. These orders are published in accordance with section and 736(a) of the Act and 19 CFR 351.211(b). Dated: May 10, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. khammond on DSKJM1Z7X2PROD with NOTICES Appendix Scope of the Orders The products covered by these orders 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 these orders is restricted to only ‘‘adult mattresses’’ and ‘‘youth mattresses.’’ ‘‘Adult mattresses’’ are frequently described as ‘‘twin,’’ ‘‘extra-long twin,’’ ‘‘full,’’ ‘‘queen,’’ ‘‘king,’’ or ‘‘California king’’ mattresses. ‘‘Youth mattresses’’ are typically described as ‘‘crib,’’ ‘‘toddler,’’ or ‘‘youth’’ mattresses. All adult and youth mattresses are included regardless of size and size description. The scope encompasses all types of ‘‘innerspring mattresses,’’ ‘‘non-innerspring mattresses,’’ and ‘‘hybrid mattresses.’’ ‘‘Innerspring mattresses’’ contain innersprings, a series of metal springs joined together in sizes that correspond to the dimensions of mattresses. Mattresses that contain innersprings are referred to as ‘‘innerspring mattresses’’ or ‘‘hybrid mattresses.’’ ‘‘Hybrid mattresses’’ contain two or more support systems as the core, such as layers of both memory foam and innerspring units. VerDate Sep<11>2014 19:58 May 13, 2021 Jkt 253001 ‘‘Non-innerspring mattresses’’ are those that do not contain any innerspring units. They are generally produced from foams (e.g., polyurethane, memory (viscoelastic), latex foam, gel-infused viscoelastic (gel foam), thermobonded polyester, polyethylene) or other resilient filling. Mattresses covered by the scope of these orders 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, daybed 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 these orders 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 these orders 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 these orders 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 these orders are ‘‘mattress toppers.’’ A PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 26463 ‘‘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 these orders 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 these orders 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 these orders is dispositive. [FR Doc. 2021–10238 Filed 5–13–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–128] Mattresses From the People’s Republic of China: Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC), Commerce is issuing a countervailing duty (CVD) order on mattresses from the People’s Republic of China (China). DATES: Applicable May 14, 2021. FOR FURTHER INFORMATION CONTACT: Theodore Pearson or Mary Kolberg, AD/ CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2631 or (202) 482–1785, respectively. AGENCY: SUPPLEMENTARY INFORMATION: Background On March 25, 2021, Commerce published its affirmative final determination in the countervailing duty investigation of mattresses from China.1 On May 10, 2021, the ITC notified Commerce of its affirmative final determination that pursuant to sections 705(b)(1)(A)(i) and 705(d) of the Act, that an industry in the United States is materially injured by reason of 1 See Mattresses from the People’s Republic of China; Final Affirmative Countervailing Duty Determination, 86 FR 15910 (March 25, 2021) (Final Determination), and accompanying Issues and Decision Memorandum. E:\FR\FM\14MYN1.SGM 14MYN1 26464 Federal Register / Vol. 86, No. 92 / Friday, May 14, 2021 / Notices subsidized imports of subject merchandise from China.2 Scope of the Order The products covered by this order are mattresses from China. For a complete description of the scope of this order, see the appendix to this notice. Countervailing Duty Order As stated above, on May 10, 2021, in accordance with section 705(d) of the Act, the ITC notified Commerce of its final determination that an industry in the United States is materially injured within the meaning of section 705(b)(1)(A)(i) of the Act by reason of subsidized imports of mattresses from China.3 Therefore, in accordance with section 705(c)(2) of the Act, Commerce is issuing this CVD order. Therefore, in accordance with section 706(a) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by Commerce, countervailing duties for all relevant entries of mattresses from China which are entered, or withdrawn from warehouse, for consumption on or after September 11, 2020, the date of publication of the Preliminary Determination,4 but will not include entries occurring after the expiration of the provisional measures period and before the publication of the ITC’s final injury determination under section 705(b) of the Act, as further described in the ‘‘Provisional Measures’’ section of this notice. khammond on DSKJM1Z7X2PROD with NOTICES Continuation of Suspension of Liquidation and Cash Deposits Except as noted in the ‘‘Provisional Measures’’ section of this notice, in accordance with section 706(a)(1) of the Act, Commerce will instruct CBP to continue to suspend liquidation on all relevant entries of mattresses from China. These instructions suspending liquidation will remain in effect until further notice. Commerce will also instruct CBP to require cash deposits equal to the net countervailable subsidy rates indicated in the table below. Accordingly, effective on the date of publication in the Federal Register of the notice of the ITC’s final affirmative injury determination, CBP must require, at the 2 See ITC’s Letter, ‘‘Notification of ITC Final Determination,’’ dated May 10, 2021 (ITC Notification Letter). 3 See ITC Notification Letter. 4 See Mattresses from the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination with Final Antidumping Duty Determination, 85 FR 56216 (September 11, 2020) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. VerDate Sep<11>2014 19:58 May 13, 2021 Jkt 253001 same time as importers would deposit estimated normal customs duties on subject merchandise, a cash deposit equal to the rates listed in the table below.5 Subsidy rate (percent) Company Kewei Furniture Co Ltd .............. Zinus Xiamen .............................. Ningbo Megafeat Bedding Co., Ltd./Megafeat Bedding Co Ltd Healthcare Co. Ltd ..................... All Others .................................... 97.78 97.78 97.78 97.78 97.78 Provisional Measures Section 703(d) of the Act states that the suspension of liquidation pursuant to an affirmative preliminary determination may not remain in effect for more than four months. Commerce published the Preliminary Determination on September 11, 2020.6 The provisional measures period, beginning on the date of publication of the Preliminary Determination, ended on January 8, 2021. Therefore, in accordance with section 703(d) of the Act, Commerce will instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to countervailing duties, unliquidated entries of mattresses from China entered, or withdrawn from warehouse, for consumption after January 8, 2021, the final day on which the provisional measures were in effect, until and through the day preceding the date of publication of the ITC’s final affirmative injury determination in the Federal Register. Suspension of liquidation and the collection of cash deposits will resume on the date of publication of the ITC’s final injury determination in the Federal Register. Notification to Interested Parties This notice constitutes the CVD order with respect to mattresses from China pursuant to section 706(a) of the Act. Interested parties can find a list of CVD orders currently in effect at https:// enforcement.trade.gov/stats/ iastats1.html. This order is issued and published in accordance with section 706(a) of the Act and 19 CFR 351.211(b). 5 See 6 See PO 00000 section 706(a)(3) of the Act. Preliminary Determination. Frm 00008 Fmt 4703 Sfmt 4703 Dated: May 10, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. Appendix Scope of the Order The products covered by this order 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 order 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 order 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, daybed 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 order are ‘‘futon’’ mattresses. A ‘‘futon’’ is a bi-fold E:\FR\FM\14MYN1.SGM 14MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 92 / Friday, May 14, 2021 / Notices 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,’’ ‘‘sofa beds,’’ ‘‘sofa chaise sleepers,’’ ‘‘futons,’’ ‘‘ottoman sleepers’’ or a like description. Also excluded from the scope of this order 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 order 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 order 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 order 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 order 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 order is dispositive. [FR Doc. 2021–10237 Filed 5–13–21; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 19:58 May 13, 2021 Jkt 253001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XB074] Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Marine Site Characterization Surveys Off of New Jersey National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of an Incidental Harassment Authorization. AGENCY: In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an incidental harassment authorization (IHA) to Ocean Wind, LLC (Ocean Wind) to incidentally harass, by Level B harassment only, marine mammals during marine site characterization surveys off of New Jersey in the area of Commercial Lease of Submerged Lands for Renewable Energy Development on the Outer Continental Shelf Lease Areas OCS–A 0498 and OCS–A 0532 (Lease Area) and potential export cable routes to landfall locations in New Jersey. DATES: This Authorization is effective for a period of one year, from May 10, 2021 through May 9, 2022. FOR FURTHER INFORMATION CONTACT: Ben Laws, Office of Protected Resources, NMFS, (301) 427–8401. Electronic copies of the application and supporting documents, as well as a list of the references cited in this document, may be obtained online at: www.fisheries.noaa.gov/action/ incidental-take-authorization-oceanwind-llc-marine-site-characterizationsurveys-new-jersey. In case of problems accessing these documents, please call the contact listed above. SUPPLEMENTARY INFORMATION: SUMMARY: Background The MMPA prohibits the ‘‘take’’ of marine mammals, with certain exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce (as delegated to NMFS) to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 26465 issued or, if the taking is limited to harassment, a notice of a proposed incidental take authorization may be provided to the public for review. Authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s) and will not have an unmitigable adverse impact on the availability of the species or stock(s) for taking for subsistence uses (where relevant). Further, NMFS must prescribe the permissible methods of taking and other ‘‘means of effecting the least practicable adverse impact’’ on the affected species or stocks and their habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of the species or stocks for taking for certain subsistence uses (referred to in shorthand as ‘‘mitigation’’); and requirements pertaining to the mitigation, monitoring and reporting of the takings are set forth. The definitions of all applicable MMPA statutory terms cited above are included in the relevant sections below. Summary of Request On December 11, 2020, NMFS received a request from Ocean Wind for an IHA to take marine mammals incidental to marine site characterization surveys off of New Jersey in the Lease Area and potential export cable routes (ECRs) to landfall locations in New Jersey. Following NMFS review of the draft application, a revised version was submitted on February 23, 2021. That revised version was deemed adequate and complete on March 9, 2020. Ocean Wind’s request is for take of 16 species of marine mammals, by Level B harassment only. Neither Ocean Wind nor NMFS expects serious injury or mortality to result from this activity and, therefore, an IHA is appropriate. NMFS previously issued an IHA to Ocean Wind for similar work in the same geographic area on June 8, 2017 (82 FR 31562; July 7, 2017) with effective dates from June 8, 2017, through June 7, 2018. Ocean Wind complied with all the requirements (e.g., mitigation, monitoring, and reporting) of the previous IHA. Description of Proposed Activity Overview As part of its overall marine site characterization survey operations, Ocean Wind plans to conduct highresolution geophysical (HRG) surveys in the Lease Area and along potential ECRs to landfall locations in New Jersey. E:\FR\FM\14MYN1.SGM 14MYN1

Agencies

[Federal Register Volume 86, Number 92 (Friday, May 14, 2021)]
[Notices]
[Pages 26463-26465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10237]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-128]


Mattresses From the People's Republic of China: Countervailing 
Duty Order

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

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC), 
Commerce is issuing a countervailing duty (CVD) order on mattresses 
from the People's Republic of China (China).

DATES: Applicable May 14, 2021.

FOR FURTHER INFORMATION CONTACT: Theodore Pearson or Mary Kolberg, AD/
CVD Operations, Office I, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-2631 or (202) 
482-1785, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 25, 2021, Commerce published its affirmative final 
determination in the countervailing duty investigation of mattresses 
from China.\1\ On May 10, 2021, the ITC notified Commerce of its 
affirmative final determination that pursuant to sections 
705(b)(1)(A)(i) and 705(d) of the Act, that an industry in the United 
States is materially injured by reason of

[[Page 26464]]

subsidized imports of subject merchandise from China.\2\
---------------------------------------------------------------------------

    \1\ See Mattresses from the People's Republic of China; Final 
Affirmative Countervailing Duty Determination, 86 FR 15910 (March 
25, 2021) (Final Determination), and accompanying Issues and 
Decision Memorandum.
    \2\ See ITC's Letter, ``Notification of ITC Final 
Determination,'' dated May 10, 2021 (ITC Notification Letter).
---------------------------------------------------------------------------

Scope of the Order

    The products covered by this order are mattresses from China. For a 
complete description of the scope of this order, see the appendix to 
this notice.

Countervailing Duty Order

    As stated above, on May 10, 2021, in accordance with section 705(d) 
of the Act, the ITC notified Commerce of its final determination that 
an industry in the United States is materially injured within the 
meaning of section 705(b)(1)(A)(i) of the Act by reason of subsidized 
imports of mattresses from China.\3\ Therefore, in accordance with 
section 705(c)(2) of the Act, Commerce is issuing this CVD order. 
Therefore, in accordance with section 706(a) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to assess, upon further 
instruction by Commerce, countervailing duties for all relevant entries 
of mattresses from China which are entered, or withdrawn from 
warehouse, for consumption on or after September 11, 2020, the date of 
publication of the Preliminary Determination,\4\ but will not include 
entries occurring after the expiration of the provisional measures 
period and before the publication of the ITC's final injury 
determination under section 705(b) of the Act, as further described in 
the ``Provisional Measures'' section of this notice.
---------------------------------------------------------------------------

    \3\ See ITC Notification Letter.
    \4\ See Mattresses from the People's Republic of China: 
Preliminary Affirmative Countervailing Duty Determination, and 
Alignment of Final Determination with Final Antidumping Duty 
Determination, 85 FR 56216 (September 11, 2020) (Preliminary 
Determination), and accompanying Preliminary Decision Memorandum.
---------------------------------------------------------------------------

Continuation of Suspension of Liquidation and Cash Deposits

    Except as noted in the ``Provisional Measures'' section of this 
notice, in accordance with section 706(a)(1) of the Act, Commerce will 
instruct CBP to continue to suspend liquidation on all relevant entries 
of mattresses from China. These instructions suspending liquidation 
will remain in effect until further notice.
    Commerce will also instruct CBP to require cash deposits equal to 
the net countervailable subsidy rates indicated in the table below. 
Accordingly, effective on the date of publication in the Federal 
Register of the notice of the ITC's final affirmative injury 
determination, CBP must require, at the same time as importers would 
deposit estimated normal customs duties on subject merchandise, a cash 
deposit equal to the rates listed in the table below.\5\
---------------------------------------------------------------------------

    \5\ See section 706(a)(3) of the Act.

------------------------------------------------------------------------
                                                                Subsidy
                           Company                               rate
                                                               (percent)
------------------------------------------------------------------------
Kewei Furniture Co Ltd......................................       97.78
Zinus Xiamen................................................       97.78
Ningbo Megafeat Bedding Co., Ltd./Megafeat Bedding Co Ltd...       97.78
Healthcare Co. Ltd..........................................       97.78
All Others..................................................       97.78
------------------------------------------------------------------------

Provisional Measures

    Section 703(d) of the Act states that the suspension of liquidation 
pursuant to an affirmative preliminary determination may not remain in 
effect for more than four months. Commerce published the Preliminary 
Determination on September 11, 2020.\6\
---------------------------------------------------------------------------

    \6\ See Preliminary Determination.
---------------------------------------------------------------------------

    The provisional measures period, beginning on the date of 
publication of the Preliminary Determination, ended on January 8, 2021. 
Therefore, in accordance with section 703(d) of the Act, Commerce will 
instruct CBP to terminate the suspension of liquidation and to 
liquidate, without regard to countervailing duties, unliquidated 
entries of mattresses from China entered, or withdrawn from warehouse, 
for consumption after January 8, 2021, the final day on which the 
provisional measures were in effect, until and through the day 
preceding the date of publication of the ITC's final affirmative injury 
determination in the Federal Register. Suspension of liquidation and 
the collection of cash deposits will resume on the date of publication 
of the ITC's final injury determination in the Federal Register.

Notification to Interested Parties

    This notice constitutes the CVD order with respect to mattresses 
from China pursuant to section 706(a) of the Act. Interested parties 
can find a list of CVD orders currently in effect at https://enforcement.trade.gov/stats/iastats1.html.
    This order is issued and published in accordance with section 
706(a) of the Act and 19 CFR 351.211(b).

    Dated: May 10, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Order

    The products covered by this order 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 order 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 order 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 order are ``futon'' mattresses. 
A ``futon'' is a bi-fold

[[Page 26465]]

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,'' ``sofa beds,'' ``sofa chaise sleepers,'' 
``futons,'' ``ottoman sleepers'' or a like description.
    Also excluded from the scope of this order 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 order 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 order 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 order 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 order 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 order is dispositive.

[FR Doc. 2021-10237 Filed 5-13-21; 8:45 am]
BILLING CODE 3510-DS-P

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