Mattresses From Indonesia: Initiation of Countervailing Duty Investigation, 57412-57416 [2023-18164]
Download as PDF
<![CDATA[
57412
Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Notices
impairments. To request additional
accommodations, please email Liliana
Schiller, Support Services Specialist, at
lschiller@usccr.gov at least 10 business
days prior to the meeting.
Members of the public are entitled to
submit written comments; the
comments must be received in the
regional office within 30 days following
the meeting. Written comments may be
emailed to Victoria Moreno at
vmoreno@usccr.gov. Persons who desire
additional information may contact the
Regional Programs Coordination Unit at
(312) 353–8311.
Records generated from this meeting
may be inspected and reproduced at the
Regional Programs Coordination Unit
Office, as they become available, both
before and after the meeting. Records of
the meetings will be available via
www.facadatabase.gov under the
Commission on Civil Rights, North
Carolina Advisory Committee link.
Persons interested in the work of this
Committee are directed to the
Commission’s website, https://
www.usccr.gov, or may contact the
Regional Programs Coordination Unit at
lschiller@usccr.gov.
Agenda
I. Welcome & Roll Call
II. Committee Discussion on Post-Report
Activities
III. Committee Discussion on a New
Civil Rights Topic
IV. Public Comment
V. Next Steps
VI. Adjournment
Dated: August 18, 2023.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
Dated: August 18, 2023.
Elizabeth Whiteman,
Executive Secretary.
[FR Doc. 2023–18163 Filed 8–22–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–560–839]
[FR Doc. 2023–18171 Filed 8–22–23; 8:45 am]
BILLING CODE P
Mattresses From Indonesia: Initiation
of Countervailing Duty Investigation
DEPARTMENT OF COMMERCE
AGENCY:
Foreign-Trade Zones Board
[S–155–2023]
Foreign-Trade Zone 29; Application for
Subzone; BlueOval SK LLC; Glendale,
Kentucky
lotter on DSK11XQN23PROD with NOTICES1
The proposed subzone (1424.7 acres)
is located at 2022 Battery Park Drive,
Glendale, Kentucky. No authorization
for production activity has been
requested at this time. The proposed
subzone would be subject to the existing
activation limit of FTZ 29.
In accordance with the FTZ Board’s
regulations, Juanita Chen of the FTZ
Staff is designated examiner to review
the application and make
recommendations to the Executive
Secretary.
Public comment is invited from
interested parties. Submissions shall be
addressed to the FTZ Board’s Executive
Secretary and sent to: ftz@trade.gov. The
closing period for their receipt is
October 2, 2023. Rebuttal comments in
response to material submitted during
the foregoing period may be submitted
during the subsequent 15-day period to
October 17, 2023.
A copy of the application will be
available for public inspection in the
‘‘Online FTZ Information Section’’
section of the FTZ Board’s website,
which is accessible via www.trade.gov/
ftz.
For further information, contact
Juanita Chen at juanita.chen@trade.gov.
An application has been submitted to
the Foreign-Trade Zones (FTZ) Board by
the Louisville & Jefferson County
Riverport Authority, grantee of FTZ 29,
requesting subzone status for the facility
of BlueOval SK LLC, located in
Glendale, Kentucky. The application
was submitted pursuant to the
provisions of the Foreign-Trade Zones
Act, as amended (19 U.S.C. 81a–81u),
and the regulations of the FTZ Board (15
CFR part 400). It was formally docketed
on August 18, 2023.
VerDate Sep<11>2014
17:27 Aug 22, 2023
Jkt 259001
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable August 17, 2023.
FOR FURTHER INFORMATION CONTACT:
Natasia Harrison and Harrison
Tanchuck, 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) 482–1240 or
(202) 482–7421, respectively.
SUPPLEMENTARY INFORMATION:
The Petition
On July 28, 2023, the U.S. Department
of Commerce (Commerce) received a
countervailing duty (CVD) petition
concerning imports of mattresses from
Indonesia filed in proper form on behalf
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
of the petitioners,1 U.S. producers of
mattresses and certified unions that
represent workers engaged in the
domestic production of mattresses.2 The
CVD petition (the Petition) was
accompanied by antidumping duty (AD)
petitions concerning imports of
mattresses from Bosnia and
Herzegovina, Bulgaria, Burma, India,
Italy, Kosovo, Mexico, the Philippines,
Poland, Slovenia, Spain, and Taiwan.3
On August 1, 2, and 8, 2023,
Commerce requested supplemental
information pertaining to certain aspects
of the Petition.4 On August 7 and 9,
2023, the petitioners filed timely
responses to these requests for
additional information.5
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), the petitioners allege that the
Government of Indonesia (GOI) is
providing countervailable subsidies,
within the meaning of sections 701 and
771(5) of the Act, to producers of
mattresses in Indonesia, and that such
1 Brooklyn Bedding; Carpenter Co.; Corsicana
Mattress Company; Future Foam Inc.; FXI, Inc.;
Kolcraft Enterprises Inc.; Leggett & Platt,
Incorporated; Serta Simmons Bedding Inc.;
Southerland, Inc.; Tempur Sealy International; the
International Brotherhood of Teamsters; and the
United Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied Industrial and
Service Workers International Union (collectively,
the petitioners).
2 See Petitioners’ Letter, ‘‘Mattresses from Bosnia
and Herzegovina, Bulgaria, Burma, India, Indonesia,
Italy, Kosovo, Mexico, Philippines, Poland,
Slovenia, Spain, and Taiwan: Antidumping and
Countervailing Duty Petitions,’’ dated July 28, 2023
(the Petition).
3 Id.
4 See Commerce’s Letters, ‘‘Petitions for the
Imposition of Antidumping Duties on Imports of
Mattresses from Bosnia and Herzegovina, Bulgaria,
Burma, India, Italy, Kosovo, Mexico, the
Philippines, Poland, Slovenia, Spain, and Taiwan
and Countervailing Duties on Imports from
Indonesia: Supplemental Questions,’’ dated August
1, 2023 (First General Issues Supplemental
Questionnaire); ‘‘Petition for the Imposition of
Countervailing Duties on Imports of Mattresses
from Indonesia: Supplemental Questions,’’ dated
August 2, 2023; and ‘‘Petitions for the Imposition
of Antidumping Duties on Imports of Mattresses
from Bosnia and Herzegovina, Bulgaria, Burma,
India, Italy, Kosovo, Mexico, the Philippines,
Slovenia, Spain, and Taiwan and Countervailing
Duties on Imports from Indonesia: Supplemental
Questions,’’ dated August 8, 2023 (Second General
Issues Supplemental Questionnaire).
5 See Petitioners’ Letters, ‘‘Mattresses from Bosnia
and Herzegovina, Bulgaria, Burma, India, Indonesia,
Italy, Kosovo, Mexico, Philippines, Poland,
Slovenia, Spain, and Taiwan: Responses to Petition
Supplemental Questionnaires,’’ dated August 7,
2023 (General Issues 1SQR); ‘‘Mattresses from
Indonesia: Mattress Petitioners’ Response to the
Department of Commerce’s Supplemental
Questions,’’ dated August 7, 2023; and ‘‘Mattresses
from Bosnia and Herzegovina, Bulgaria, Burma,
India, Italy, Kosovo, Mexico, Philippines, Slovenia,
Spain, and Taiwan: Responses to the Department’s
Second General Issues Supplemental
Questionnaire,’’ dated August 9, 2023 (General
Issues 2SQR).
E:\FR\FM\23AUN1.SGM
23AUN1
Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Notices
imports are materially injuring, or
threatening material injury to, the
domestic industry producing in the
United States. Consistent with section
702(b)(1) of the Act and 19 CFR
351.202(b), for those alleged programs
on which we are initiating a CVD
investigation, the Petition is supported
by information reasonably available to
the petitioners.
Commerce finds that the petitioners
filed the Petition on behalf of the
domestic industry because the
petitioners are interested parties as
defined in sections 771(9)(C) and (D) of
the Act.6 Commerce also finds that the
petitioners demonstrated sufficient
industry support with respect to the
initiation of the requested CVD
investigation.7
Period of Investigation
Because the Petition was filed on July
28, 2023, the period of investigation
(POI) for Indonesia is January 1, 2022,
through December 31, 2022.8
Scope of the Investigation
The products covered by this
investigation are mattresses from
Indonesia. For a full description of the
scope of this investigation, see the
appendix to this notice.
Comments on Scope of the Investigation
lotter on DSK11XQN23PROD with NOTICES1
On August 1 and 8, 2023, Commerce
requested further information and
clarification from the petitioners
regarding the proposed scope to ensure
that the scope language in the Petition
is an accurate reflection of the products
for which the domestic industry is
seeking relief.9 On August 7 and 9,
2023, the petitioners revised the
scope.10 The description of merchandise
covered by this investigation, as
described in the appendix to this notice,
reflects these clarifications.
As discussed in the Preamble to
Commerce’s regulations, we are setting
aside a period for parties to raise issues
regarding product coverage (i.e.,
6 See Petitions at Volume I (pages 6–8). Brooklyn
Bedding LLC, Carpenter Co., Corsicana Mattress
Company, Future Foam, Inc., FXI, Inc., Kolcraft
Enterprises, Inc., Leggett & Platt, Incorporated, Serta
Simmons Bedding, LLC, Southerland, Inc., and
Tempur Sealy International are interested parties as
defined in section 771(9)(C) of the Act. The
International Brotherhood of Teamsters and USW
are interested parties as defined in section 771(9)(D)
of the Act.
7 See ‘‘Determination of Industry Support for the
Petitions’’ section, infra.
8 See 19 CFR 351.204(b)(2).
9 See First General Issues Supplemental
Questionnaire at 3–4; see also Second General
Issues Supplemental Questionnaire at 3.
10 See General Issues 1SQR at 4 and Exhibit 3; see
also General Issues 2SQR at 1 and Exhibit 2.
VerDate Sep<11>2014
17:27 Aug 22, 2023
Jkt 259001
scope).11 Commerce will consider all
scope comments received from
interested parties and, if necessary, will
consult with interested parties prior to
the issuance of the preliminary
determination. If scope comments
include factual information, all such
factual information should be limited to
public information.12 To facilitate
preparation of its questionnaires,
Commerce requests that scope
comments be submitted by 5:00 p.m.
Eastern Time (ET) on September 6,
2023, which is 20 calendar days from
the signature date of this notice. Any
rebuttal comments, which may include
factual information, must be filed by
5:00 p.m. ET on September 18, 2023,
which is the next business day after 10
calendar days from the initial comment
deadline.13
Commerce requests that any factual
information that the parties consider
relevant to the scope of the investigation
be submitted during that time period.
However, if a party subsequently finds
that additional factual information
pertaining to the scope of the
investigation may be relevant, the party
may contact Commerce and request
permission to submit the additional
information. All scope comments must
also be filed on the record of each of the
concurrent AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be
filed electronically via Enforcement and
Compliance’s Antidumping Duty and
Countervailing Duty Centralized
Electronic Service System (ACCESS),
unless an exception applies.14 An
electronically-filed document must be
received successfully in its entirety by
the time and date it is due.15
11 See Antidumping Duties; Countervailing
Duties, 62 FR 27296, 27323 (May 19, 1997)
(Preamble); see also 19 CFR 351.312.
12 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
13 See 19 CFR 351.303(b)(1) (‘‘For both
electronically filed and manually filed documents,
if the applicable due date falls on a non-business
day, the Secretary will accept documents that are
filed on the next business day.’’). The initial
deadline for rebuttal comments falls on September
16, 2023, which is a Saturday.
14 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System
Name, 79 FR 69046 (November 20, 2014), for details
of Commerce’s electronic filing requirements,
effective August 5, 2011. Information on using
ACCESS can be found at https://access.trade.gov/
help.aspx and a handbook can be found at https://
access.trade.gov/help/Handbook_on_Electronic_
Filing_Procedures.pdf.
15 See 19 CFR 351.303(b)(1).
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
57413
Consultations
Pursuant to sections 702(b)(4)(A)(i)
and (ii) of the Act, Commerce notified
the GOI of the receipt of the Petition and
provided it an opportunity for
consultations with respect to the
Petition.16 Commerce held
consultations with the GOI on August
15, 2023.17
Determination of Industry Support for
the Petition
Section 702(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 702(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) at least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 702(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
Commerce shall: (i) poll the industry or
rely on other information in order to
determine if there is support for the
petition, as required by subparagraph
(A); or (ii) determine industry support
using a statistically valid sampling
method to poll the ‘‘industry.’’
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
whole of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs Commerce to look to producers
and workers who produce the domestic
like product. The U.S. International
Trade Commission (ITC), which is
responsible for determining whether
‘‘the domestic industry’’ has been
injured, must also determine what
constitutes a domestic like product in
order to define the industry. While both
Commerce and the ITC must apply the
same statutory definition regarding the
domestic like product,18 they do so for
different purposes and pursuant to a
separate and distinct authority. In
addition, Commerce’s determination is
subject to limitations of time and
information. Although this may result in
different definitions of the like product,
16 See Commerce’s Letter, ‘‘Invitation for
Consultations to Discuss the Countervailing Duty
Petition,’’ dated July 28, 2023.
17 See Memorandum, ‘‘Consultations with
Officials from the Government of Indonesia,’’ dated
August 16, 2023.
18 See section 771(10) of the Act.
E:\FR\FM\23AUN1.SGM
23AUN1
57414
Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Notices
lotter on DSK11XQN23PROD with NOTICES1
such differences do not render the
decision of either agency contrary to
law.19
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
most similar in characteristics and uses
with, the article subject to an
investigation under this title.’’ Thus, the
reference point from which the
domestic like product analysis begins is
‘‘the article subject to an investigation’’
(i.e., the class or kind of merchandise to
be investigated, which normally will be
the scope as defined in the petition).
With regard to the domestic like
product, the petitioners do not offer a
definition of the domestic like product
distinct from the scope of the
investigation.20 Based on our analysis of
the information submitted on the
record, we have determined that
mattresses, as defined in the scope,
constitute a single domestic like
product, and we have analyzed industry
support in terms of that domestic like
product.21
In determining whether the
petitioners have standing under section
702(c)(4)(A) of the Act, we considered
the industry support data contained in
the Petition with reference to the
domestic like product as defined in the
‘‘Scope of the Investigation,’’ in the
appendix to this notice. To establish
industry support, the petitioners
provided the total 2022 shipments of the
domestic like product for the supporters
of the Petition, and compared this to the
estimated total 2022 shipments of the
domestic like product for the entire
domestic industry.22 Because total
industry production data for the
domestic like product for 2022 are not
reasonably available to the petitioners,
and the petitioners have established that
shipments are a reasonable proxy for
production data,23 we have relied on the
19 See USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d 865 F.2d 240 (Fed. Cir. 1989)).
20 See Petition at Volume I (pages I–19 through I–
23); see also General Issues 1SQR at 2 and Exhibit
1.
21 For a discussion of the domestic like product
analysis as applied to this case and information
regarding industry support, see Indonesia CVD
Initiation Checklist at Attachment II, Analysis of
Industry Support for the Antidumping and
Countervailing Duty Petitions Covering Mattresses
from Bosnia and Herzegovina, Bulgaria, Burma,
India, Indonesia, Italy, Kosovo, Mexico, the
Philippines, Poland, Slovenia, Spain, and Taiwan
(Attachment II).
22 See Petition at Volume I (pages I–7 through I–
8 and Exhibit I–6); see also General Issues 1SQR at
5–7 and Exhibits 4–8; and General Issues 2SQR at
2–3 and Exhibits 3–5.
23 See Petition at Volume I (pages I–7 through I–
8 and Exhibit I–6); see also General Issues 1SQR at
5–6.
VerDate Sep<11>2014
17:27 Aug 22, 2023
Jkt 259001
data provided by the petitioners for
purposes of measuring industry
support.24
Our review of the data provided in the
Petition, the General Issues 1SQR, the
General Issues 2SQR, and other
information readily available to
Commerce indicates that the petitioners
have established industry support for
the Petition.25 First, the Petition
established support from domestic
producers (or workers) accounting for
more than 50 percent of the total
production of the domestic like product
and, as such, Commerce is not required
to take further action in order to
evaluate industry support (e.g.,
polling).26 Second, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 702(c)(4)(A)(i) of the Act,
because the domestic producers (or
workers) who support the Petition
account for at least 25 percent of the
total production of the domestic like
product.27 Finally, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 702(c)(4)(A)(ii) of the Act
because the domestic producers (or
workers) who support the Petition
account for more than 50 percent of the
production of the domestic like product
produced by that portion of the industry
expressing support for, or opposition to,
the Petition.28 Accordingly, Commerce
determines that the Petition was filed on
behalf of the domestic industry within
the meaning of section 702(b)(1) of the
Act.29
Injury Test
Because Indonesia is a ‘‘Subsidies
Agreement Country’’ within the
meaning of section 701(b) of the Act,
section 701(a)(2) of the Act applies to
this investigation. Accordingly, the ITC
must determine whether imports of the
subject merchandise from Indonesia
materially injure, or threaten material
injury to, a U.S. industry.
Allegations and Evidence of Material
Injury and Causation
The petitioners allege that imports of
the subject merchandise are benefitting
from countervailable subsidies and that
such imports are causing, or threaten to
24 See Petition at Volume I (pages I–7 through I–
8 and Exhibit I–6); see also General Issues 1SQR at
5–7 and Exhibits 4–8; and General Issues 2SQR at
2–3 and Exhibits 3–5.
25 See Attachment II of the Indonesia CVD
Initiation Checklist.
26 Id.; see also section 702(c)(4)(D) of the Act.
27 See Attachment II of the Indonesia CVD
Initiation Checklist.
28 Id.
29 Id.
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
cause, material injury to the U.S.
industry producing the domestic like
product. In addition, the petitioners
allege that subject imports exceed the
negligibility threshold provided for
under section 771(24)(A) of the Act.30
The petitioners contend that the
industry’s injured condition is
illustrated by a significant and
increasing volume of subject imports;
declining market share; underselling
and price suppression; lost sales and
revenues; and adverse impact on the
domestic industry’s operations, capacity
utilization, production, commercial
shipment volumes, employment
variables, and financial performance.31
We have assessed the allegations and
supporting evidence regarding material
injury, threat of material injury, and
causation, and we have determined that
these allegations are properly supported
by adequate evidence, and meet the
statutory requirements for initiation.32
Initiation of CVD Investigation
Based upon the examination of the
Petition and supplemental responses,
we find that they meet the requirements
of section 702 of the Act. Therefore, we
are initiating a CVD investigation to
determine whether imports of
mattresses from Indonesia benefit from
countervailable subsidies conferred by
the GOI. In accordance with section
703(b)(1) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will
make our preliminary determination no
later than 65 days after the date of this
initiation. Based on our review of the
Petition, we find that there is sufficient
information to initiate a CVD
investigation on five of the nine
programs alleged by the petitioner. For
a full discussion of the basis for our
decision to initiate an investigation of
each program, see the Indonesia CVD
Initiation Checklist. A public version of
the initiation checklist for this
investigation is available on ACCESS.
Respondent Selection
The petitioners identified 24
companies in Indonesia as producers
and/or exporters of mattresses.33
Commerce intends to follow its standard
30 See Petition at Volume I (page I–24 and Exhibit
I–12).
31 Id. at Volume I (pages I–24 through I–52 and
Exhibits I–2 through I–5 and I–9 through I–16); see
also General Issues 1SQR at 2, 7 and Exhibit 1.
32 See Indonesia CVD Initiation Checklist at
Attachment III, Analysis of Allegations and
Evidence of Material Injury and Causation for the
Antidumping and Countervailing Duty Petitions
Covering Mattresses from Bosnia and Herzegovina,
Bulgaria, Burma, India, Indonesia Italy, Kosovo,
Mexico, Philippines, Poland, Slovenia, Spain, and
Taiwan.
33 See Petition at Volume I (Exhibit I–10).
E:\FR\FM\23AUN1.SGM
23AUN1
Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Notices
practice in CVD investigations and
calculate company-specific subsidy
rates in this investigation. In the event
that Commerce determines that the
number of companies is large, and it
cannot individually examine each
company based upon Commerce’s
resources, where appropriate,
Commerce intends to select mandatory
respondents based on U.S. Customs and
Border Protection (CBP) data for U.S.
imports of mattresses from Indonesia
during the POI under the appropriate
Harmonized Tariff Schedule of the
United States subheadings listed in the
‘‘Scope of the Investigation’’ in the
appendix.
On August 11, 2023, Commerce
released CBP data on U.S. imports of
mattresses from Indonesia under
administrative protective order (APO) to
all parties with access to information
protected by APO and indicated that
interested parties wishing to comment
on the CBP data and/or respondent
selection must do so within three
business days after the publication date
of the notice of initiation of this
investigation.34 Comments must be filed
electronically using ACCESS. An
electronically-filed document must be
received successfully in its entirety via
ACCESS by 5:00 p.m. ET on the
specified deadline. Commerce will not
accept rebuttal comments regarding the
CBP data or respondent selection.
Distribution of Copies of the Petition
In accordance with section
702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version
of the Petition has been provided to the
GOI via ACCESS. Furthermore, to the
extent practicable, Commerce will
attempt to provide a copy of the public
version of the Petition to each exporter
named in the Petition, as provided
under 19 CFR 351.203(c)(2).
lotter on DSK11XQN23PROD with NOTICES1
ITC Notification
Commerce will notify the ITC of its
initiation, as required by section 702(d)
of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the Petition was filed, whether there is
a reasonable indication that imports of
mattresses from Indonesia are materially
injuring, or threatening material injury
to, a U.S. industry.35 A negative ITC
determination will result in the
investigation being terminated.36
34 See Memorandum, ‘‘Release of U.S. Customs
and Border Protection Data,’’ dated August 11,
2023.
35 See section 703(a)(1) of the Act.
36 Id.
VerDate Sep<11>2014
17:27 Aug 22, 2023
Jkt 259001
Otherwise, this CVD investigation will
proceed according to statutory and
regulatory time limits.
Submission of Factual Information
Factual information is defined in 19
CFR 351.102(b)(21) as: (i) evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors under 19
CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by Commerce; and (v)
evidence other than factual information
described in (i)–(iv). Section 351.301(b)
of Commerce’s regulations requires any
party, when submitting factual
information, to specify under which
subsection of 19 CFR 351.102(b)(21) the
information is being submitted 37 and, if
the information is submitted to rebut,
clarify, or correct factual information
already on the record, to provide an
explanation identifying the information
already on the record that the factual
information seeks to rebut, clarify, or
correct.38 Time limits for the
submission of factual information are
addressed in 19 CFR 351.301, which
provides specific time limits based on
the type of factual information being
submitted. Interested parties should
review the regulations prior to
submitting factual information in this
investigation.
Extensions of Time Limits
Parties may request an extension of
time limits before the expiration of a
time limit established under 19 CFR
351.301, or as otherwise specified by
Commerce. In general, an extension
request will be considered untimely if it
is filed after the expiration of the time
limit established under 19 CFR
351.301.39 For submissions that are due
from multiple parties simultaneously,
an extension request will be considered
untimely if it is filed after 10:00 a.m. ET
on the due date. Under certain
circumstances, Commerce may elect to
specify a different time limit by which
extension requests will be considered
untimely for submissions which are due
from multiple parties simultaneously. In
such a case, Commerce will inform
parties in a letter or memorandum of the
deadline (including a specified time) by
which extension requests must be filed
to be considered timely. An extension
request must be made in a separate,
stand-alone submission; Commerce will
grant untimely filed requests for the
37 See
19 CFR 351.301(b).
19 CFR 351.301(b)(2).
39 See 19 CFR 351.302.
38 See
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
57415
extension of time limits only in limited
cases where we determine, based on 19
CFR 351.302, that extraordinary
circumstances exist. Parties should
review Commerce’s regulations
concerning factual information prior to
submitting factual information in this
investigation.40
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.41
Parties must use the certification
formats provided in 19 CFR
351.303(g).42 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under
administrative protective order in
accordance with 19 CFR 351.305.
Parties wishing to participate in this
investigation should ensure that they
meet the requirements of 19 CFR
351.103(d) (e.g., by filing the required
letters of appearance). Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.43
This notice is issued and published
pursuant to sections 702 and 777(i) of
the Act, and 19 CFR 351.203(c).
Dated: August 17, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
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
also may contain: (1) ‘‘upholstery,’’ the
40 See 19 CFR 301; see also Extension of Time
Limits; Final Rule, 78 FR 57790 (September 20,
2013), available at https://www.gpo.gov/fdsys/pkg/
FR-2013-09-20/html/2013-22853.htm.
41 See section 782(b) of the Act.
42 See Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule); see also frequently asked
questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
43 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
E:\FR\FM\23AUN1.SGM
23AUN1
lotter on DSK11XQN23PROD with NOTICES1
57416
Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Notices
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 or how they are described
(e.g., frameless futon mattress and tri-fold
mattress).
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
VerDate Sep<11>2014
17:27 Aug 22, 2023
Jkt 259001
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 such 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 the
People’s Republic of China, South Africa,
and the Socialist Republic of Vietnam. See
Uncovered Innerspring Units from the
People’s Republic of China, South Africa,
and Socialist Republic of Vietnam:
Continuation of Antidumping Duty Orders,
84 FR 55285 (October 16, 2019).
Also excluded from the scope of this
investigation are bassinet pads with a
nominal length of less than 39 inches, a
nominal width of 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 classifiable under Harmonized
Tariff Schedule of the United States (HTSUS)
subheadings: 9404.21.0010, 9404.21.0013,
9404.21.0095, 9404.29.1005, 9404.29.1013,
9404.29.1095, 9404.29.9085, 9404.29.9087,
and 9404.29.9095. Products subject to this
investigation may also enter under HTSUS
subheadings: 9401.41.0000, 9401.49.0000,
and 9401.99.9081. Although the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the merchandise subject to this
investigation is dispositive.
[FR Doc. 2023–18164 Filed 8–22–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–428–820]
Certain Small Diameter Seamless
Carbon and Alloy Standard, Line and
Pressure Pipe From Germany:
Continuation of Antidumping Duty
Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the
determinations by the U.S. Department
AGENCY:
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
of Commerce (Commerce) and the U.S.
International Trade Commission (ITC)
that revocation of the antidumping duty
(AD) order on certain small diameter
seamless carbon and alloy standard, line
and pressure pipe (seamless pipe) from
Germany would likely lead to
continuation or recurrence of dumping
and material injury to an industry in the
United States, Commerce is publishing
a notice of continuation of this AD
order.
DATES:
Applicable August 16, 2023.
FOR FURTHER INFORMATION CONTACT:
Yang Jin Chun, 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) 482–5760.
SUPPLEMENTARY INFORMATION:
Background
On August 3, 1995, Commerce
published the AD order on seamless
pipe from Germany.1 On January 3,
2023, the ITC instituted, and Commerce
initiated, the fifth sunset review of the
Order, pursuant to section 751(c) of the
Tariff Act of 1930, as amended (the
Act).2 Commerce conducted an
expedited (120-day) sunset review of the
Order, pursuant to section 751(c)(3)(B)
of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2). As a result of its
review, Commerce determined that
revocation of the Order would likely
lead to the continuation or recurrence of
dumping, and therefore, notified the ITC
of the magnitude of the margins of
dumping likely to prevail should the
Order be revoked.3
On August 16, 2023, the ITC
published its determination, pursuant to
sections 751(c) and 752(a) of the Act,
that revocation of the Order would
likely lead to continuation or recurrence
of material injury to an industry in the
United States within a reasonably
foreseeable time.4
1 See Notice of Antidumping Duty Order and
Amended Final Determination: Certain Small
Diameter Seamless Carbon and Alloy Steel
Standard, Line and Pressure Pipe from Germany, 60
FR 39704 (August 3, 1995) (Order).
2 See Seamless Carbon and Alloy Steel Standard,
Line, and Pressure Pipe from Germany; Institution
of a Five-Year Review, 88 FR 110 (January 3, 2023);
and Initiation of Five-Year (Sunset) Reviews, 88 FR
63, 64 (January 3, 2023).
3 See Certain Small Diameter Seamless Carbon
and Alloy Standard, Line and Pressure Pipe from
Germany: Final Results of Expedited Fifth Sunset
Review of the Antidumping Duty Order, 88 FR
29890 (May 9, 2023), and accompanying Issues and
Decision Memorandum.
4 See Certain Small Diameter Seamless Carbon
and Alloy Standard, Line and Pressure Pipe from
Germany; Determinations, 88 FR 55721 (August 16,
2023).
E:\FR\FM\23AUN1.SGM
23AUN1
]]>Agencies
[Federal Register Volume 88, Number 162 (Wednesday, August 23, 2023)]
[Notices]
[Pages 57412-57416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18164]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-560-839]
Mattresses From Indonesia: Initiation of Countervailing Duty
Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable August 17, 2023.
FOR FURTHER INFORMATION CONTACT: Natasia Harrison and Harrison
Tanchuck, 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) 482-1240
or (202) 482-7421, respectively.
SUPPLEMENTARY INFORMATION:
The Petition
On July 28, 2023, the U.S. Department of Commerce (Commerce)
received a countervailing duty (CVD) petition concerning imports of
mattresses from Indonesia filed in proper form on behalf of the
petitioners,\1\ U.S. producers of mattresses and certified unions that
represent workers engaged in the domestic production of mattresses.\2\
The CVD petition (the Petition) was accompanied by antidumping duty
(AD) petitions concerning imports of mattresses from Bosnia and
Herzegovina, Bulgaria, Burma, India, Italy, Kosovo, Mexico, the
Philippines, Poland, Slovenia, Spain, and Taiwan.\3\
---------------------------------------------------------------------------
\1\ Brooklyn Bedding; Carpenter Co.; Corsicana Mattress Company;
Future Foam Inc.; FXI, Inc.; Kolcraft Enterprises Inc.; Leggett &
Platt, Incorporated; Serta Simmons Bedding Inc.; Southerland, Inc.;
Tempur Sealy International; the International Brotherhood of
Teamsters; and the United Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied Industrial and Service Workers
International Union (collectively, the petitioners).
\2\ See Petitioners' Letter, ``Mattresses from Bosnia and
Herzegovina, Bulgaria, Burma, India, Indonesia, Italy, Kosovo,
Mexico, Philippines, Poland, Slovenia, Spain, and Taiwan:
Antidumping and Countervailing Duty Petitions,'' dated July 28, 2023
(the Petition).
\3\ Id.
---------------------------------------------------------------------------
On August 1, 2, and 8, 2023, Commerce requested supplemental
information pertaining to certain aspects of the Petition.\4\ On August
7 and 9, 2023, the petitioners filed timely responses to these requests
for additional information.\5\
---------------------------------------------------------------------------
\4\ See Commerce's Letters, ``Petitions for the Imposition of
Antidumping Duties on Imports of Mattresses from Bosnia and
Herzegovina, Bulgaria, Burma, India, Italy, Kosovo, Mexico, the
Philippines, Poland, Slovenia, Spain, and Taiwan and Countervailing
Duties on Imports from Indonesia: Supplemental Questions,'' dated
August 1, 2023 (First General Issues Supplemental Questionnaire);
``Petition for the Imposition of Countervailing Duties on Imports of
Mattresses from Indonesia: Supplemental Questions,'' dated August 2,
2023; and ``Petitions for the Imposition of Antidumping Duties on
Imports of Mattresses from Bosnia and Herzegovina, Bulgaria, Burma,
India, Italy, Kosovo, Mexico, the Philippines, Slovenia, Spain, and
Taiwan and Countervailing Duties on Imports from Indonesia:
Supplemental Questions,'' dated August 8, 2023 (Second General
Issues Supplemental Questionnaire).
\5\ See Petitioners' Letters, ``Mattresses from Bosnia and
Herzegovina, Bulgaria, Burma, India, Indonesia, Italy, Kosovo,
Mexico, Philippines, Poland, Slovenia, Spain, and Taiwan: Responses
to Petition Supplemental Questionnaires,'' dated August 7, 2023
(General Issues 1SQR); ``Mattresses from Indonesia: Mattress
Petitioners' Response to the Department of Commerce's Supplemental
Questions,'' dated August 7, 2023; and ``Mattresses from Bosnia and
Herzegovina, Bulgaria, Burma, India, Italy, Kosovo, Mexico,
Philippines, Slovenia, Spain, and Taiwan: Responses to the
Department's Second General Issues Supplemental Questionnaire,''
dated August 9, 2023 (General Issues 2SQR).
---------------------------------------------------------------------------
In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioners allege that the Government of
Indonesia (GOI) is providing countervailable subsidies, within the
meaning of sections 701 and 771(5) of the Act, to producers of
mattresses in Indonesia, and that such
[[Page 57413]]
imports are materially injuring, or threatening material injury to, the
domestic industry producing in the United States. Consistent with
section 702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged
programs on which we are initiating a CVD investigation, the Petition
is supported by information reasonably available to the petitioners.
Commerce finds that the petitioners filed the Petition on behalf of
the domestic industry because the petitioners are interested parties as
defined in sections 771(9)(C) and (D) of the Act.\6\ Commerce also
finds that the petitioners demonstrated sufficient industry support
with respect to the initiation of the requested CVD investigation.\7\
---------------------------------------------------------------------------
\6\ See Petitions at Volume I (pages 6-8). Brooklyn Bedding LLC,
Carpenter Co., Corsicana Mattress Company, Future Foam, Inc., FXI,
Inc., Kolcraft Enterprises, Inc., Leggett & Platt, Incorporated,
Serta Simmons Bedding, LLC, Southerland, Inc., and Tempur Sealy
International are interested parties as defined in section 771(9)(C)
of the Act. The International Brotherhood of Teamsters and USW are
interested parties as defined in section 771(9)(D) of the Act.
\7\ See ``Determination of Industry Support for the Petitions''
section, infra.
---------------------------------------------------------------------------
Period of Investigation
Because the Petition was filed on July 28, 2023, the period of
investigation (POI) for Indonesia is January 1, 2022, through December
31, 2022.\8\
---------------------------------------------------------------------------
\8\ See 19 CFR 351.204(b)(2).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are mattresses from
Indonesia. For a full description of the scope of this investigation,
see the appendix to this notice.
Comments on Scope of the Investigation
On August 1 and 8, 2023, Commerce requested further information and
clarification from the petitioners regarding the proposed scope to
ensure that the scope language in the Petition is an accurate
reflection of the products for which the domestic industry is seeking
relief.\9\ On August 7 and 9, 2023, the petitioners revised the
scope.\10\ The description of merchandise covered by this
investigation, as described in the appendix to this notice, reflects
these clarifications.
---------------------------------------------------------------------------
\9\ See First General Issues Supplemental Questionnaire at 3-4;
see also Second General Issues Supplemental Questionnaire at 3.
\10\ See General Issues 1SQR at 4 and Exhibit 3; see also
General Issues 2SQR at 1 and Exhibit 2.
---------------------------------------------------------------------------
As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for parties to raise issues regarding product
coverage (i.e., scope).\11\ Commerce will consider all scope comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determination. If scope comments include factual information, all such
factual information should be limited to public information.\12\ To
facilitate preparation of its questionnaires, Commerce requests that
scope comments be submitted by 5:00 p.m. Eastern Time (ET) on September
6, 2023, which is 20 calendar days from the signature date of this
notice. Any rebuttal comments, which may include factual information,
must be filed by 5:00 p.m. ET on September 18, 2023, which is the next
business day after 10 calendar days from the initial comment
deadline.\13\
---------------------------------------------------------------------------
\11\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997) (Preamble); see also 19 CFR 351.312.
\12\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\13\ See 19 CFR 351.303(b)(1) (``For both electronically filed
and manually filed documents, if the applicable due date falls on a
non-business day, the Secretary will accept documents that are filed
on the next business day.''). The initial deadline for rebuttal
comments falls on September 16, 2023, which is a Saturday.
---------------------------------------------------------------------------
Commerce requests that any factual information that the parties
consider relevant to the scope of the investigation be submitted during
that time period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigation may be relevant, the party may contact Commerce and
request permission to submit the additional information. All scope
comments must also be filed on the record of each of the concurrent AD
and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\14\ An electronically-filed document must be received
successfully in its entirety by the time and date it is due.\15\
---------------------------------------------------------------------------
\14\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014), for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at https://access.trade.gov/help.aspx and a handbook
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
\15\ See 19 CFR 351.303(b)(1).
---------------------------------------------------------------------------
Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified the GOI of the receipt of the Petition and provided it an
opportunity for consultations with respect to the Petition.\16\
Commerce held consultations with the GOI on August 15, 2023.\17\
---------------------------------------------------------------------------
\16\ See Commerce's Letter, ``Invitation for Consultations to
Discuss the Countervailing Duty Petition,'' dated July 28, 2023.
\17\ See Memorandum, ``Consultations with Officials from the
Government of Indonesia,'' dated August 16, 2023.
---------------------------------------------------------------------------
Determination of Industry Support for the Petition
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission (ITC),
which is responsible for determining whether ``the domestic industry''
has been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\18\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product,
[[Page 57414]]
such differences do not render the decision of either agency contrary
to law.\19\
---------------------------------------------------------------------------
\18\ See section 771(10) of the Act.
\19\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------
Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioners do not
offer a definition of the domestic like product distinct from the scope
of the investigation.\20\ Based on our analysis of the information
submitted on the record, we have determined that mattresses, as defined
in the scope, constitute a single domestic like product, and we have
analyzed industry support in terms of that domestic like product.\21\
---------------------------------------------------------------------------
\20\ See Petition at Volume I (pages I-19 through I-23); see
also General Issues 1SQR at 2 and Exhibit 1.
\21\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Indonesia CVD Initiation Checklist at Attachment II, Analysis of
Industry Support for the Antidumping and Countervailing Duty
Petitions Covering Mattresses from Bosnia and Herzegovina, Bulgaria,
Burma, India, Indonesia, Italy, Kosovo, Mexico, the Philippines,
Poland, Slovenia, Spain, and Taiwan (Attachment II).
---------------------------------------------------------------------------
In determining whether the petitioners have standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' in the appendix to
this notice. To establish industry support, the petitioners provided
the total 2022 shipments of the domestic like product for the
supporters of the Petition, and compared this to the estimated total
2022 shipments of the domestic like product for the entire domestic
industry.\22\ Because total industry production data for the domestic
like product for 2022 are not reasonably available to the petitioners,
and the petitioners have established that shipments are a reasonable
proxy for production data,\23\ we have relied on the data provided by
the petitioners for purposes of measuring industry support.\24\
---------------------------------------------------------------------------
\22\ See Petition at Volume I (pages I-7 through I-8 and Exhibit
I-6); see also General Issues 1SQR at 5-7 and Exhibits 4-8; and
General Issues 2SQR at 2-3 and Exhibits 3-5.
\23\ See Petition at Volume I (pages I-7 through I-8 and Exhibit
I-6); see also General Issues 1SQR at 5-6.
\24\ See Petition at Volume I (pages I-7 through I-8 and Exhibit
I-6); see also General Issues 1SQR at 5-7 and Exhibits 4-8; and
General Issues 2SQR at 2-3 and Exhibits 3-5.
---------------------------------------------------------------------------
Our review of the data provided in the Petition, the General Issues
1SQR, the General Issues 2SQR, and other information readily available
to Commerce indicates that the petitioners have established industry
support for the Petition.\25\ First, the Petition established support
from domestic producers (or workers) accounting for more than 50
percent of the total production of the domestic like product and, as
such, Commerce is not required to take further action in order to
evaluate industry support (e.g., polling).\26\ Second, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 702(c)(4)(A)(i) of the Act, because the domestic
producers (or workers) who support the Petition account for at least 25
percent of the total production of the domestic like product.\27\
Finally, the domestic producers (or workers) have met the statutory
criteria for industry support under section 702(c)(4)(A)(ii) of the Act
because the domestic producers (or workers) who support the Petition
account for more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the Petition.\28\ Accordingly, Commerce
determines that the Petition was filed on behalf of the domestic
industry within the meaning of section 702(b)(1) of the Act.\29\
---------------------------------------------------------------------------
\25\ See Attachment II of the Indonesia CVD Initiation
Checklist.
\26\ Id.; see also section 702(c)(4)(D) of the Act.
\27\ See Attachment II of the Indonesia CVD Initiation
Checklist.
\28\ Id.
\29\ Id.
---------------------------------------------------------------------------
Injury Test
Because Indonesia is a ``Subsidies Agreement Country'' within the
meaning of section 701(b) of the Act, section 701(a)(2) of the Act
applies to this investigation. Accordingly, the ITC must determine
whether imports of the subject merchandise from Indonesia materially
injure, or threaten material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioners allege that imports of the subject merchandise are
benefitting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioners
allege that subject imports exceed the negligibility threshold provided
for under section 771(24)(A) of the Act.\30\
---------------------------------------------------------------------------
\30\ See Petition at Volume I (page I-24 and Exhibit I-12).
---------------------------------------------------------------------------
The petitioners contend that the industry's injured condition is
illustrated by a significant and increasing volume of subject imports;
declining market share; underselling and price suppression; lost sales
and revenues; and adverse impact on the domestic industry's operations,
capacity utilization, production, commercial shipment volumes,
employment variables, and financial performance.\31\ We have assessed
the allegations and supporting evidence regarding material injury,
threat of material injury, and causation, and we have determined that
these allegations are properly supported by adequate evidence, and meet
the statutory requirements for initiation.\32\
---------------------------------------------------------------------------
\31\ Id. at Volume I (pages I-24 through I-52 and Exhibits I-2
through I-5 and I-9 through I-16); see also General Issues 1SQR at
2, 7 and Exhibit 1.
\32\ See Indonesia CVD Initiation Checklist at Attachment III,
Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Mattresses from Bosnia and Herzegovina, Bulgaria, Burma,
India, Indonesia Italy, Kosovo, Mexico, Philippines, Poland,
Slovenia, Spain, and Taiwan.
---------------------------------------------------------------------------
Initiation of CVD Investigation
Based upon the examination of the Petition and supplemental
responses, we find that they meet the requirements of section 702 of
the Act. Therefore, we are initiating a CVD investigation to determine
whether imports of mattresses from Indonesia benefit from
countervailable subsidies conferred by the GOI. In accordance with
section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless
postponed, we will make our preliminary determination no later than 65
days after the date of this initiation. Based on our review of the
Petition, we find that there is sufficient information to initiate a
CVD investigation on five of the nine programs alleged by the
petitioner. For a full discussion of the basis for our decision to
initiate an investigation of each program, see the Indonesia CVD
Initiation Checklist. A public version of the initiation checklist for
this investigation is available on ACCESS.
Respondent Selection
The petitioners identified 24 companies in Indonesia as producers
and/or exporters of mattresses.\33\ Commerce intends to follow its
standard
[[Page 57415]]
practice in CVD investigations and calculate company-specific subsidy
rates in this investigation. In the event that Commerce determines that
the number of companies is large, and it cannot individually examine
each company based upon Commerce's resources, where appropriate,
Commerce intends to select mandatory respondents based on U.S. Customs
and Border Protection (CBP) data for U.S. imports of mattresses from
Indonesia during the POI under the appropriate Harmonized Tariff
Schedule of the United States subheadings listed in the ``Scope of the
Investigation'' in the appendix.
---------------------------------------------------------------------------
\33\ See Petition at Volume I (Exhibit I-10).
---------------------------------------------------------------------------
On August 11, 2023, Commerce released CBP data on U.S. imports of
mattresses from Indonesia under administrative protective order (APO)
to all parties with access to information protected by APO and
indicated that interested parties wishing to comment on the CBP data
and/or respondent selection must do so within three business days after
the publication date of the notice of initiation of this
investigation.\34\ Comments must be filed electronically using ACCESS.
An electronically-filed document must be received successfully in its
entirety via ACCESS by 5:00 p.m. ET on the specified deadline. Commerce
will not accept rebuttal comments regarding the CBP data or respondent
selection.
---------------------------------------------------------------------------
\34\ See Memorandum, ``Release of U.S. Customs and Border
Protection Data,'' dated August 11, 2023.
---------------------------------------------------------------------------
Distribution of Copies of the Petition
In accordance with section 702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition has been
provided to the GOI via ACCESS. Furthermore, to the extent practicable,
Commerce will attempt to provide a copy of the public version of the
Petition to each exporter named in the Petition, as provided under 19
CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its initiation, as required by
section 702(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports of mattresses from Indonesia are materially
injuring, or threatening material injury to, a U.S. industry.\35\ A
negative ITC determination will result in the investigation being
terminated.\36\ Otherwise, this CVD investigation will proceed
according to statutory and regulatory time limits.
---------------------------------------------------------------------------
\35\ See section 703(a)(1) of the Act.
\36\ Id.
---------------------------------------------------------------------------
Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \37\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\38\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in this investigation.
---------------------------------------------------------------------------
\37\ See 19 CFR 351.301(b).
\38\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------
Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301.\39\ For submissions that are
due from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, Commerce may elect to specify a different
time limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, Commerce will inform parties in a letter or memorandum of the
deadline (including a specified time) by which extension requests must
be filed to be considered timely. An extension request must be made in
a separate, stand-alone submission; Commerce will grant untimely filed
requests for the extension of time limits only in limited cases where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning factual
information prior to submitting factual information in this
investigation.\40\
---------------------------------------------------------------------------
\39\ See 19 CFR 351.302.
\40\ See 19 CFR 301; see also Extension of Time Limits; Final
Rule, 78 FR 57790 (September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
---------------------------------------------------------------------------
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\41\
Parties must use the certification formats provided in 19 CFR
351.303(g).\42\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
---------------------------------------------------------------------------
\41\ See section 782(b) of the Act.
\42\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------
Notification to Interested Parties
Interested parties must submit applications for disclosure under
administrative protective order in accordance with 19 CFR 351.305.
Parties wishing to participate in this investigation should ensure that
they meet the requirements of 19 CFR 351.103(d) (e.g., by filing the
required letters of appearance). Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\43\
---------------------------------------------------------------------------
\43\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
---------------------------------------------------------------------------
This notice is issued and published pursuant to sections 702 and
777(i) of the Act, and 19 CFR 351.203(c).
Dated: August 17, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
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 also may contain: (1) ``upholstery,''
the
[[Page 57416]]
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 or how they are described
(e.g., frameless futon mattress and tri-fold mattress).
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 such 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 the People's Republic of China,
South Africa, and the Socialist Republic of Vietnam. See Uncovered
Innerspring Units from the People's Republic of China, South Africa,
and Socialist Republic of Vietnam: Continuation of Antidumping Duty
Orders, 84 FR 55285 (October 16, 2019).
Also excluded from the scope of this investigation are bassinet
pads with a nominal length of less than 39 inches, a nominal width
of 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
classifiable under Harmonized Tariff Schedule of the United States
(HTSUS) subheadings: 9404.21.0010, 9404.21.0013, 9404.21.0095,
9404.29.1005, 9404.29.1013, 9404.29.1095, 9404.29.9085,
9404.29.9087, and 9404.29.9095. Products subject to this
investigation may also enter under HTSUS subheadings: 9401.41.0000,
9401.49.0000, and 9401.99.9081. Although the HTSUS subheadings are
provided for convenience and customs purposes, the written
description of the merchandise subject to this investigation is
dispositive.
[FR Doc. 2023-18164 Filed 8-22-23; 8:45 am]
BILLING CODE 3510-DS-P
