Mattresses From Bosnia and Herzegovina, Bulgaria, Burma, India, Italy, Kosovo, Mexico, the Philippines, Poland, Slovenia, Spain, and Taiwan: Initiation of Less-Than-Fair-Value Investigations, 57433-57438 [2023-18165]
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lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Notices
(G) This certification applies to the
following sales to {NAME OF U.S.
CUSTOMER}, located at {ADDRESS OF U.S.
CUSTOMER} (repeat this block as many
times as necessary):
# of the Foreign Seller’s Invoice to the U.S.
Customer:
Applicable Line Item # of the Foreign Seller’s
Invoice to the U.S. Customer:
Producer Name:
Producer’s Address:
Invoice # of the Producer’s Invoice to the
Foreign Seller (if the foreign seller and the
producer are the same party, report ‘‘NA’’
here):
(H) I understand that {NAME OF FOREIGN
COMPANY THAT MADE THE SALE TO
THE UNITED STATES} is required to
maintain a copy of this certification and
sufficient documentation supporting this
certification (i.e., documents maintained in
the normal course of business, or documents
obtained by the certifying party, for example,
product specification sheets, customer
specification sheets, production records,
invoices, etc.) until the later of: (1) the date
that is five years after the latest entry date of
the entries covered by the certification; or (2)
the date that is three years after the
conclusion of any litigation in United States
courts regarding such entries.
(I) I understand that {NAME OF FOREIGN
COMPANY THAT MADE THE SALE TO
THE UNITED STATES} is required to
provide the U.S. importer with a copy of this
certification and is required to provide U.S.
Customs and Border Protection (CBP) and/or
the U.S. Department of Commerce
(Commerce) with a copy of this certification,
and any supporting documents, upon the
request of either agency.
(J) I understand that the claims made
herein, and the substantiating
documentation, are subject to verification by
CBP and/or Commerce.
(K) I understand that failure to maintain
the required certification and supporting
documentation, or failure to substantiate the
claims made herein, or not allowing CBP
and/or Commerce to verify the claims made
herein, may result in a de facto
determination that all sales to which this
certification applies are sales of merchandise
that is covered by the scope of the
antidumping and countervailing duty orders
on solar cells and solar modules from China.
I understand that such a finding will result
in:
(i) suspension of liquidation of all
unliquidated entries (and entries for which
liquidation has not become final) for which
these requirements were not met;
(ii) the importer being required to post the
antidumping and countervailing duty cash
deposits determined by Commerce; and
(iii) the seller/exporter no longer being
allowed to participate in the certification
process.
(L) I understand that agents of the seller/
exporter, such as freight forwarding
companies or brokers, are not permitted to
make this certification.
(M) This certification was completed and
signed, and a copy of the certification was
provided to the importer, on, or prior to, the
date of shipment if the shipment date is more
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17:27 Aug 22, 2023
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than 14 days after the date of publication of
the notice of Commerce’s preliminary
determination of circumvention in the
Federal Register. If the shipment date is on
or before the 14th day after the date of
publication of the notice of Commerce’s
preliminary determination of circumvention
in the Federal Register, this certification was
completed and signed and a copy of the
certification was provided to the importer, by
no later than 45 days after publication of the
notice of Commerce’s preliminary
determination of circumvention in the
Federal Register.
(N) I am aware that U.S. law (including,
but not limited to, 18 U.S.C. 1001) imposes
criminal sanctions on individuals who
knowingly and willfully make materially
false statements to the U.S. government.
Signature llllllllllllllll
{NAME OF COMPANY OFFICIAL}
{TITLE OF COMPANY OFFICIAL}
Date llllllllllllllllll
[FR Doc. 2023–18161 Filed 8–22–23; 8:45 am]
BILLING CODE 3510–DS–P
57433
The Petitions
On July 28, 2023, the U.S. Department
of Commerce (Commerce) received
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, 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 These AD petitions were
accompanied by a countervailing duty
(CVD) petition concerning imports of
mattresses from Indonesia.3
On August 1, 8, and 9, 2023,
Commerce requested supplemental
information pertaining to certain aspects
of the Petitions.4 Additionally, on
August 7, 9, and 10, 2023, the
petitioners filed timely responses to
these requests for additional
information.5
DEPARTMENT OF COMMERCE
International Trade Administration
[A–893–002, A–487–001, A–546–001, A–533–
919, A–475–845, A–803–001, A–201–859, A–
565–804, A–455–807, A–856–002, A–469–
826, A–583–873]
Mattresses From Bosnia and
Herzegovina, Bulgaria, Burma, India,
Italy, Kosovo, Mexico, the Philippines,
Poland, Slovenia, Spain, and Taiwan:
Initiation of Less-Than-Fair-Value
Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
DATES:
Applicable August 17, 2023.
FOR FURTHER INFORMATION CONTACT:
Amaris Wade (Bosnia and Herzegovina),
TJ Worthington (Bulgaria), Paul Gill
(Burma), Steven Seifert (India), Caroline
Carroll (Italy), Sean Carey (Kosovo),
Benjamin Blythe (Mexico), Emily Halle
(the Philippines), Dakota Potts (Poland),
Benjamin A. Luberda (Slovenia),
Matthew Palmer (Spain), and Paul Gill
(Taiwan), AD/CVD Operations, Offices
II, III, IV, V, VII, and IX, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–6334, (202) 482–4567, (202)
482–5673, (202) 482–3350, (202) 482–
4948, (202) 482–3964, (202) 482–3457,
(202) 482–0176, (202) 482–0223, (202)
482–2185, (202) 482–1678, and (202)
482–5673, respectively.
SUPPLEMENTARY INFORMATION:
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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
(Petitions).
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, Slovenia, Spain, and Taiwan and
Countervailing Duties on Imports from Indonesia:
Supplemental Questions,’’ dated August 1, 2023
(General Issues Supplemental); Country-Specific
Supplemental Questionnaires: Bosnia
Supplemental; Bulgaria Supplemental; Burma
Supplemental; Burma Supplemental; India
Supplemental; Italy Supplemental; Kosovo
Supplemental; Mexico Supplemental; the
Philippines Supplemental; Slovenia Supplemental;
Spain Supplemental; and Taiwan Supplemental,
dated August 1, 2023; ‘‘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); see also Memoranda, ‘‘Phone
Call with Counsel to the Petitioners,’’ dated August
9, 2023.
5 See Petitioners’ Letters, ‘‘Mattresses from Bosnia
and Herzegovina, Bulgaria, Burma, India, Italy,
Kosovo, Mexico, Philippines, Slovenia, Spain, and
Taiwan: Responses to Petition Supplemental
Questionnaires,’’ dated August 7, 2023, at Volume
I (First General Issues Supplement) and Volume II
(Country-Specific AD Supplements); ‘‘Mattresses
from Bosnia and Herzegovina, Bulgaria, Burma,
India, Italy, Kosovo, Mexico, Philippines, Slovenia,
Continued
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57434
Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Notices
In accordance with section 732(b) of
the Tariff Act of 1930, as amended (the
Act), the petitioners allege that imports
of mattresses from Bosnia and
Herzegovina, Bulgaria, Burma, India,
Italy, Kosovo, Mexico, the Philippines,
Poland, Slovenia, Spain, and Taiwan are
being, or are likely to be, sold in the
United States at less than fair value
(LTFV) within the meaning of section
731 of the Act, and that imports of such
products are materially injuring, or
threatening material injury to, the
mattresses industry in the United States.
Consistent with section 732(b)(1) of the
Act, the Petitions are accompanied by
information reasonably available to the
petitioners supporting their allegations.
Commerce finds that the petitioners
filed the Petitions on behalf of the
domestic industry, because the
petitioners are interested parties, as
defined in sections 771(9)(C) and (D) of
the Act. Commerce also finds that the
petitioners demonstrated sufficient
industry support for the initiation of the
requested AD investigations.6
Periods of Investigation
Because the Petitions were filed on
July 28, 2023, pursuant to 19 CFR
351.204(b)(1), the periods of
investigation (POI) for the Bosnia and
Herzegovina, Bulgaria, Burma, India,
Italy, Kosovo, Mexico, the Philippines,
Poland, Slovenia, Spain, and Taiwan
AD investigations are July 1, 2022,
through June 30, 2023.
Scope of the Investigations
The products covered by these
investigations are mattresses from
Bosnia and Herzegovina, Bulgaria,
Burma, India, Italy, Kosovo, Mexico, the
Philippines, Poland, Slovenia, Spain,
and Taiwan. For a full description of the
scope of these investigations, see the
appendix to this notice.
Comments on the Scope of the
Investigations
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 Petitions
is an accurate reflection of the products
Spain, and Taiwan: Responses to the Department’s
Second General Issues Supplemental
Questionnaire,’’ dated August 9, 2023 (Second
General Issues Supplement); ‘‘Mattresses from
Mexico: Mattress Petitioners’ Response to the
Department of Commerce’s Second Supplemental
Questionnaire,’’ dated August 10, 2023; and
‘‘Mattresses from India: Mattress Petitioners’
Response to the Department of Commerce’s Second
Supplemental Questionnaire,’’ dated August 10,
2023.
6 See the section on ‘‘Industry Support for the
Petitions,’’ infra.
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for which the domestic industry is
seeking relief.7 On August 7 and 9,
2023, the petitioners revised the scope.8
The description of the merchandise
covered by these investigations, 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 of time for interested
parties to raise issues regarding product
coverage (i.e., scope).9 Commerce will
consider all comments received from
interested parties and, if necessary, will
consult with interested parties prior to
the issuance of the preliminary
determinations. If scope comments
include factual information,10 all such
factual information should be limited to
public information. To facilitate
preparation of its questionnaires,
Commerce requests that all interested
parties submit such comments 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.11
Commerce requests that any factual
information that parties consider
relevant to the scope of the
investigations be submitted during that
period. However, if a party subsequently
finds that additional factual information
pertaining to the scope of the
investigations may be relevant, the party
may contact Commerce and request
permission to submit the additional
information. All such submissions must
be filed simultaneously on the records
of the concurrent AD and CVD
investigations.
Filing Requirements
All submissions to Commerce must be
filed electronically using Enforcement
and Compliance’s Antidumping Duty
and Countervailing Duty Centralized
Electronic Service System (ACCESS),
7 See General Issues Supplemental Questionnaire
at 3–4; see also Second General Issues
Supplemental Questionnaire at 3.
8 See First General Issues Supplement at 4 and
Exhibit 3; see also Second General Issues
Supplement at 1 and Exhibit 2.
9 See Antidumping Duties; Countervailing Duties,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
10 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
11 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.
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unless an exception applies.12 An
electronically-filed document must be
received successfully in its entirety by
the time and date it is due.13
Comments on Product Characteristics
Commerce is providing interested
parties an opportunity to comment on
the appropriate physical characteristics
of mattresses to be reported in response
to Commerce’s AD questionnaires. This
information will be used to identify the
key physical characteristics of the
subject merchandise in order to report
the relevant costs of production (COP)
accurately, as well as to develop
appropriate product comparison criteria
where appropriate.
Subsequent to the publication of this
notice, Commerce intends to release a
proposed list of physical characteristics
and product-comparison criteria, and
interested parties may provide any
information or comments that they feel
are relevant to the development of an
accurate list of physical characteristics.
Specifically, they may provide
comments as to which characteristics
are appropriate to use as: (1) general
product characteristics; and (2) product
comparison criteria. We note that it is
not always appropriate to use all
product characteristics as product
comparison criteria. We base product
comparison criteria on meaningful
commercial differences among products.
In other words, although there may be
some physical product characteristics
utilized by manufacturers to describe
mattresses, it may be that only a select
few product characteristics take into
account commercially meaningful
physical characteristics. In addition,
interested parties may comment on the
order in which the physical
characteristics should be used in
matching products. Generally,
Commerce attempts to list the most
important physical characteristics first
and the least important characteristics
last.
In order to consider the suggestions of
interested parties in developing and
issuing the AD questionnaires, all
product characteristics comments must
be filed by 5:00 p.m. ET on September
6, 2023, which is 20 calendar days from
12 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 help 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.
13 See 19 CFR 351.303(b)(1).
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Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Notices
the signature date of this notice. Any
rebuttal comments must be filed by 5:00
p.m. ET on September 18, 2023, which
is the next business day after ten
calendar days from the initial comment
deadline.14 All comments and
submissions to Commerce must be filed
electronically using ACCESS, as
explained above, on the record of each
of the AD investigations.
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Determination of Industry Support for
the Petitions
Section 732(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 732(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 732(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,15 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
14 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.
15 See section 771(10) of the Act.
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different definitions of the like product,
such differences do not render the
decision of either agency contrary to
law.16
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
investigations.17 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.18
In determining whether the
petitioners have standing under section
732(c)(4)(A) of the Act, we considered
the industry support data contained in
the Petitions with reference to the
domestic like product as defined in the
‘‘Scope of the Investigations,’’ 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 Petitions, and compared this to
the estimated total shipments of the
domestic like product for the entire
domestic industry.19 Because total
industry production data for the
domestic like product for 2022 are not
reasonably available to the petitioners,
16 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)).
17 See Petitions at Volume I (pages I–19 through
I–23); see also First General Issues Supplement at
2 and Exhibit 1.
18 For a discussion of the domestic like product
analysis as applied to these cases and information
regarding industry support, see Antidumping Duty
Initiation Checklists: Mattresses from Bosnia and
Herzegovina, Bulgaria, Burma, India, Italy, Kosovo,
Mexico, the Philippines, Poland, Slovenia, Spain,
and Taiwan, dated concurrently with this notice
(Country-Specific AD Initiation Checklists), 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).
19 See Petitions at Volume I (pages I–7 through I–
8 and Exhibit I–6); see also First General Issues
Supplement at 5–7 and Exhibits 4–8; and Second
General Issues Supplement at 2–3 and Exhibits 3–
5.
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57435
and the petitioners have established that
shipments are a reasonable proxy for
production data,20 we have relied on the
data provided by the petitioners for
purposes of measuring industry
support.21
Our review of the data provided in the
Petitions, the First General Issues
Supplement, the Second General Issues
Supplement, and other information
readily available to Commerce indicates
that the petitioners have established
industry support for the Petitions.22
First, the Petitions 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).23 Second, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(c)(4)(A)(i) of the Act
because the domestic producers (or
workers) who support the Petitions
account for at least 25 percent of the
total production of the domestic like
product.24 Finally, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(c)(4)(A)(ii) of the Act,
because the domestic producers (or
workers) who support the Petitions
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 Petitions.25 Accordingly, Commerce
determines that the Petitions were filed
on behalf of the domestic industry
within the meaning of section 732(b)(1)
of the Act.26
Allegations and Evidence of Material
Injury and Causation
The petitioners allege that the U.S.
industry producing the domestic like
product is being materially injured, or is
threatened with material injury, by
reason of the imports of the subject
merchandise sold at LTFV. In addition,
with regard to Burma, Kosovo, Mexico,
and Taiwan, the petitioners allege that
20 See Petitions at Volume I (pages I–7 through I–
8 and Exhibit I–6); see also First General Issues
Supplement at 5–6.
21 See Petitions at Volume I (pages I–7 through I–
8 and Exhibit I–6); see also First General Issues
Supplement at 5–7 and Exhibits 4–8; and Second
General Issues Supplement at 2–3 and Exhibits 3–
5.
22 Id.
23 See Country-Specific AD Initiation Checklists
at Attachment II; see also section 732(c)(4)(D) of the
Act.
24 See Country-Specific AD Initiation Checklists
at Attachment II.
25 Id.
26 Id.
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57436
Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Notices
subject imports exceed the negligibility
threshold provided for under section
771(24)(A) of the Act.27 With regard to
Bosnia and Herzegovina, Bulgaria,
India, Italy, the Philippines, Poland,
Slovenia, and Spain, while the allegedly
dumped imports from each of these
countries do not individually exceed the
statutory requirements for negligibility,
the petitioners provided data
demonstrating that the aggregate import
share from these eight countries is 12.30
percent, which exceeds the seven
percent threshold established by the
exception in section 771(24)(A)(ii) of the
Act.28
The petitioners contend that the
industry’s injured condition is
illustrated by the 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.29
We assessed the allegations and
supporting evidence regarding material
injury, threat of material injury,
causation, as well as negligibility, and
we have determined that these
allegations are properly supported by
adequate evidence and meet the
statutory requirements for initiation.30
Allegations of Sales at LTFV
The following is a description of the
allegations of sales at LTFV upon which
Commerce based its decision to initiate
AD investigations of imports of
mattresses from Bosnia and
Herzegovina, Bulgaria, Burma, India,
Italy, Kosovo, Mexico, the Philippines,
Poland, Slovenia, Spain, and Taiwan.
The sources of data for the deductions
and adjustments relating to U.S. price
and normal value (NV) are discussed in
greater detail in the Country-Specific
AD Initiation Checklists.
U.S. Price
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For Bosnia and Herzegovina, Bulgaria,
Burma, India, Italy, Kosovo, Mexico, the
Philippines, Poland, Slovenia, Spain,
27 See Petitions at Volume I (pages I–24 through
I–25 and Exhibit I–12).
28 Id.
29 See Petitions at Volume I (pages I–24 through
I–52 and Exhibits I–1 through I–5 and I–9 through
I–16); see also First General Issues Supplement at
7 and Exhibit 1.
30 See Country-Specific AD Initiation Checklists
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, the Philippines, Poland, Slovenia, Spain,
and Taiwan).
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17:27 Aug 22, 2023
Jkt 259001
and Taiwan, the petitioners based
export price (EP) on POI average unit
values (AUVs) derived from official U.S.
import statistics for imports of
mattresses produced in and exported
from each country.31 The petitioners did
not make any adjustments to U.S. price
to calculate a net ex-factory U.S. price.32
Normal Value 33
For Bosnia and Herzegovina, Bulgaria,
Burma, India, Italy, Kosovo, Mexico, the
Philippines, Poland, Slovenia, Spain,
and Taiwan, the petitioners based NV
on home market prices obtained through
market research for mattresses produced
in and sold, or offered for sale, in each
country during the applicable time
period.34 The petitioners made certain
adjustments to home market price to
calculate a net ex-factory home market
price, where appropriate.35
Fair Value Comparisons
Based on the data provided by the
petitioners, there is reason to believe
that imports of mattresses from Bosnia
and Herzegovina, Bulgaria, Burma,
India, Italy, Kosovo, Mexico, the
Philippines, Poland, Slovenia, Spain,
and Taiwan, are being, or are likely to
be, sold in the United States at LTFV.
Based on comparisons of EP to NV in
accordance with sections 772 and 773 of
the Act, the estimated dumping margins
for mattresses for each of the countries
covered by this initiation are as follows:
(1) Bosnia and Herzegovina—217.38
percent; (2) Bulgaria—106.27 percent;
(3) Burma—181.71 percent; (4) India—
42.76 percent; (5) Italy—257.06 percent;
(6) Kosovo—654.67 percent, (7)
Mexico—61.97 percent; (8) the
Philippines—538.23 percent; (9)
Poland—330.71 percent; (10) Slovenia—
744.81 percent; (11) Spain—280.28
percent; and (12) Taiwan—624.50
percent.36
Initiation of LTFV Investigations
Based upon the examination of the
Petitions and supplemental responses,
we find that they meet the requirements
of section 732 of the Act. Therefore, we
are initiating AD investigations to
determine whether imports of
mattresses from Bosnia and
Herzegovina, Bulgaria, Burma, India,
31 See
Country-Specific AD Initiation Checklists.
32 Id.
33 In accordance with section 773(b)(2) of the Act,
for these investigations, Commerce will request
information necessary to calculate the constructed
value and COP to determine whether there are
reasonable grounds to believe or suspect that sales
of the foreign like product have been made at prices
that represent less than the COP of the product.
34 See Country-Specific AD Initiation Checklists.
35 Id.
36 Id. for details of the calculations.
PO 00000
Frm 00031
Fmt 4703
Sfmt 4703
Italy, Kosovo, Mexico, the Philippines,
Poland, Slovenia, Spain, and Taiwan are
being, or are likely to be, sold in the
United States at LTFV. In accordance
with section 733(b)(1)(A) of the Act and
19 CFR 351.205(b)(1), unless postponed,
we will make our preliminary
determinations no later than 140 days
after the date of these initiations.
Respondent Selection
In the Petitions, the petitioners
identified four companies in Bosnia and
Herzegovina, eight companies in
Bulgaria, four companies in Burma, 39
companies in India, 39 companies in
Italy, three companies in Kosovo, 36
companies in Mexico, nine companies
in the Philippines, 19 companies in
Poland, six companies in Slovenia, 24
companies in Spain, and 98 companies
in Taiwan as producers/exporters of
mattresses.37 Following standard
practice in AD investigations involving
market economy countries, in the event
Commerce determines that the number
of exporters or producers is large such
that Commerce cannot individually
examine each company based on its
resources, where appropriate,
Commerce intends to select mandatory
respondents in these cases based on
U.S. Customs and Border Protection
(CBP) data for U.S. imports under the
appropriate Harmonized Tariff Schedule
of the United States subheadings listed
in the ‘‘Scope of the Investigations,’’ in
the appendix.
On August 14, 2023, Commerce
released CBP data on imports of
mattresses from Bosnia and
Herzegovina, Bulgaria, Burma, India,
Italy, Kosovo, Mexico, the Philippines,
Poland, Slovenia, Spain, and Taiwan
under administrative protective order
(APO) to all parties with access to
information protected by APO and
indicated that interested parties wishing
to comment on CBP data and/or
respondent selection must do so within
three business days of the publication
date of the notice of initiation of these
investigations.38 Comments must be
37 See First General Issues Supplement at 2–4 and
Exhibit 2.
38 See Memoranda, ‘‘Antidumping Duty Petition
on Imports of Mattresses from Bosnia and
Herzegovina: Release of U.S. Customs and Border
Protection Data,’’ dated August 14, 2023;
‘‘Antidumping Duty Petition on Imports of
Mattresses from Bulgaria: Release of U.S. Customs
and Border Protection Data,’’ dated August 14,
2023; ‘‘Antidumping Duty Petition on Imports of
Mattresses from Burma: Release of U.S. Customs
and Border Protection Data,’’ dated August 14,
2023; ‘‘Antidumping Duty Petition on Imports of
Mattresses from India: Release of U.S. Customs and
Border Protection Data,’’ dated August 14, 2023;
‘‘Antidumping Duty Petition on Imports of
Mattresses from Italy: Release of U.S. Customs and
Border Protection Data,’’ dated August 14, 2023;
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Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Notices
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.
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305(b).
Instructions for filing such applications
may be found on Commerce’s website at
https://access.trade.gov/Resources/
Administrative_Protective_Order.aspx.
Distribution of Copies of the Petitions
In accordance with section
732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version
of the Petitions have been provided to
the governments of Bosnia and
Herzegovina, Bulgaria, Burma, India,
Italy, Kosovo, Mexico, the Philippines,
Poland, Slovenia, Spain, and Taiwan via
ACCESS. To the extent practicable, we
will attempt to provide a copy of the
public version of the AD Petitions to
each exporter named in the Petitions, as
provided under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its
initiation, as required by section 732(d)
of the Act.
Preliminary Determinations by the ITC
lotter on DSK11XQN23PROD with NOTICES1
The ITC will preliminarily determine,
within 45 days after the date on which
the Petitions were filed, whether there
is a reasonable indication that imports
of mattresses from Bosnia and
Herzegovina, Bulgaria, Burma, India,
Italy, Kosovo, Mexico, the Philippines,
Poland, Slovenia, Spain, and/or Taiwan,
are materially injuring, or threatening
material injury to, a U.S. industry.39 A
negative ITC determination for any
country will result in the investigation
being terminated with respect to that
‘‘Antidumping Duty Petition on Imports of
Mattresses from Kosovo: Release of U.S. Customs
and Border Protection Data,’’ dated August 14,
2023. ‘‘Antidumping Duty Petition on Imports of
Mattresses from Mexico: Release of U.S. Customs
and Border Protection Data,’’ dated August 14,
2023; ‘‘Antidumping Duty Petition on Imports of
Mattresses from the Philippines: Release of U.S.
Customs and Border Protection Data,’’ dated August
14, 2023; ‘‘Antidumping Duty Petition on Imports
of Mattresses from Poland: Release of U.S. Customs
and Border Protection Data,’’ dated August 14,
2023; ‘‘Antidumping Duty Petition on Imports of
Mattresses from Slovenia: Release of U.S. Customs
and Border Protection Data,’’ dated August 14,
2023; ‘‘Antidumping Duty Petition on Imports of
Mattresses from Spain: Release of U.S. Customs and
Border Protection Data,’’ dated August 14, 2023;
and ‘‘Antidumping Duty Petition on Imports of
Mattresses from Taiwan: Release of U.S. Customs
and Border Protection Data,’’ dated August 14,
2023.
39 See section 733(a) of the Act.
VerDate Sep<11>2014
17:27 Aug 22, 2023
Jkt 259001
country.40 Otherwise, these AD
investigations 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 41 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.42 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 these
investigations.
Particular Market Situation Allegation
Section 773(e) of the Act addresses
the concept of particular market
situation (PMS) for purposes of CV,
stating that ‘‘if a particular market
situation exists such that the cost of
materials and fabrication or other
processing of any kind does not
accurately reflect the cost of production
in the ordinary course of trade, the
administering authority may use
another calculation methodology under
this subtitle or any other calculation
methodology.’’ When an interested
party submits a PMS allegation pursuant
to section 773(e) of the Act, Commerce
will respond to such a submission
consistent with 19 CFR 351.301(c)(2)(v).
If Commerce finds that a PMS exists
under section 773(e) of the Act, then it
will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act, nor
19 CFR 351.301(c)(2)(v), sets a deadline
for the submission of PMS allegations
and supporting factual information.
However, in order to administer section
40 Id.
41 See
42 See
PO 00000
19 CFR 351.301(b).
19 CFR 351.301(b)(2).
Frm 00032
Fmt 4703
Sfmt 4703
57437
773(e) of the Act, Commerce must
receive PMS allegations and supporting
factual information with enough time to
consider the submission. Thus, should
an interested party wish to submit a
PMS allegation and supporting new
factual information pursuant to section
773(e) of the Act, it must do so no later
than 20 days after submission of a
respondent’s initial response to section
D of Commerce’s AD questionnaire.
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.
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,
standalone submission; under limited
circumstances, Commerce will grant
untimely filed requests for the extension
of time limits, where we determine,
based on 19 CFR 351.302, that
extraordinary circumstances exist.
Parties should review Commerce’s
regulations concerning the extension of
time limits and the Time Limits Final
Rule prior to submitting factual
information in these investigations.43
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.44
Parties must use the certification
formats provided in 19 CFR
351.303(g).45 Commerce intends to
43 See 19 CFR 351.302; see also, e.g., Extension
of Time Limits; Final Rule, 78 FR 57790 (September
20, 2013) (Time Limits Final Rule), available at
https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/
html/2013-22853.htm.
44 See section 782(b) of the Act.
45 See Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule). Answers to frequently asked
questions regarding the Final Rule are available at
Continued
E:\FR\FM\23AUN1.SGM
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57438
Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Notices
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 APO
in accordance with 19 CFR 351.305.
Parties wishing to participate in these
investigations should ensure that they
meet the requirements of 19 CFR
351.103(d) (e.g., by filing the required
letter of appearance). Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.46
This notice is issued and published
pursuant to sections 732(c)(2) 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.
lotter on DSK11XQN23PROD with NOTICES1
Appendix—Scope of the Investigations
The products covered by these
investigations 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 material between the core
and the top panel of the ticking on a singlesided 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 investigations 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
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
46 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
VerDate Sep<11>2014
17:27 Aug 22, 2023
Jkt 259001
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 these
investigations 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 these
investigations 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 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 these
investigations 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 these
investigations are bassinet pads with a
PO 00000
Frm 00033
Fmt 4703
Sfmt 4703
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 these investigations 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 these
investigations 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 these investigations 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 these investigations is dispositive.
[FR Doc. 2023–18165 Filed 8–22–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Final Revised Management Plan for the
He‘eia National Estuarine Research
Reserve
Office for Coastal Management,
National Ocean Service, National
Oceanic and Atmospheric
Administration, Department of
Commerce.
ACTION: Notice of approval for the final
revised management plan for the He‘eia
National Estuarine Research Reserve.
AGENCY:
Notice is hereby given that
the Office for Coastal Management,
National Ocean Service, National
Oceanic and Atmospheric
Administration (NOAA), U.S.
Department of Commerce approves the
revised management plan for the He‘eia
National Estuarine Research Reserve in
Hawai‘i. In accordance with the Coastal
Zone Management Act and its
implementing regulations. The
University of Hawai‘i Institute of Marine
Biology revised the reserve’s
management plan, which replaces the
management plan previously approved
in 2016.
ADDRESSES: The revised management
plan can be downloaded or viewed at
https://heeianerr.org/resources/. The
document is also available by sending a
written request to the point of contact
identified below.
FOR FURTHER INFORMATION CONTACT:
Leah Keller of NOAA’s Office for
SUMMARY:
E:\FR\FM\23AUN1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 162 (Wednesday, August 23, 2023)]
[Notices]
[Pages 57433-57438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18165]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-893-002, A-487-001, A-546-001, A-533-919, A-475-845, A-803-001, A-
201-859, A-565-804, A-455-807, A-856-002, A-469-826, A-583-873]
Mattresses From Bosnia and Herzegovina, Bulgaria, Burma, India,
Italy, Kosovo, Mexico, the Philippines, Poland, Slovenia, Spain, and
Taiwan: Initiation of Less-Than-Fair-Value Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable August 17, 2023.
FOR FURTHER INFORMATION CONTACT: Amaris Wade (Bosnia and Herzegovina),
TJ Worthington (Bulgaria), Paul Gill (Burma), Steven Seifert (India),
Caroline Carroll (Italy), Sean Carey (Kosovo), Benjamin Blythe
(Mexico), Emily Halle (the Philippines), Dakota Potts (Poland),
Benjamin A. Luberda (Slovenia), Matthew Palmer (Spain), and Paul Gill
(Taiwan), AD/CVD Operations, Offices II, III, IV, V, VII, and IX,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-6334, (202) 482-4567, (202) 482-5673, (202)
482-3350, (202) 482-4948, (202) 482-3964, (202) 482-3457, (202) 482-
0176, (202) 482-0223, (202) 482-2185, (202) 482-1678, and (202) 482-
5673, respectively.
SUPPLEMENTARY INFORMATION:
The Petitions
On July 28, 2023, the U.S. Department of Commerce (Commerce)
received 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,
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\ These AD petitions were
accompanied by a countervailing duty (CVD) petition concerning imports
of mattresses from Indonesia.\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
(Petitions).
\3\ Id.
---------------------------------------------------------------------------
On August 1, 8, and 9, 2023, Commerce requested supplemental
information pertaining to certain aspects of the Petitions.\4\
Additionally, on August 7, 9, and 10, 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, Slovenia, Spain, and Taiwan and Countervailing Duties
on Imports from Indonesia: Supplemental Questions,'' dated August 1,
2023 (General Issues Supplemental); Country-Specific Supplemental
Questionnaires: Bosnia Supplemental; Bulgaria Supplemental; Burma
Supplemental; Burma Supplemental; India Supplemental; Italy
Supplemental; Kosovo Supplemental; Mexico Supplemental; the
Philippines Supplemental; Slovenia Supplemental; Spain Supplemental;
and Taiwan Supplemental, dated August 1, 2023; ``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); see also Memoranda, ``Phone Call with Counsel to the
Petitioners,'' dated August 9, 2023.
\5\ See Petitioners' Letters, ``Mattresses from Bosnia and
Herzegovina, Bulgaria, Burma, India, Italy, Kosovo, Mexico,
Philippines, Slovenia, Spain, and Taiwan: Responses to Petition
Supplemental Questionnaires,'' dated August 7, 2023, at Volume I
(First General Issues Supplement) and Volume II (Country-Specific AD
Supplements); ``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 (Second General
Issues Supplement); ``Mattresses from Mexico: Mattress Petitioners'
Response to the Department of Commerce's Second Supplemental
Questionnaire,'' dated August 10, 2023; and ``Mattresses from India:
Mattress Petitioners' Response to the Department of Commerce's
Second Supplemental Questionnaire,'' dated August 10, 2023.
---------------------------------------------------------------------------
[[Page 57434]]
In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioners allege that imports of mattresses
from Bosnia and Herzegovina, Bulgaria, Burma, India, Italy, Kosovo,
Mexico, the Philippines, Poland, Slovenia, Spain, and Taiwan are being,
or are likely to be, sold in the United States at less than fair value
(LTFV) within the meaning of section 731 of the Act, and that imports
of such products are materially injuring, or threatening material
injury to, the mattresses industry in the United States. Consistent
with section 732(b)(1) of the Act, the Petitions are accompanied by
information reasonably available to the petitioners supporting their
allegations.
Commerce finds that the petitioners filed the Petitions on behalf
of the domestic industry, because the petitioners are interested
parties, as defined in sections 771(9)(C) and (D) of the Act. Commerce
also finds that the petitioners demonstrated sufficient industry
support for the initiation of the requested AD investigations.\6\
---------------------------------------------------------------------------
\6\ See the section on ``Industry Support for the Petitions,''
infra.
---------------------------------------------------------------------------
Periods of Investigation
Because the Petitions were filed on July 28, 2023, pursuant to 19
CFR 351.204(b)(1), the periods of investigation (POI) for the Bosnia
and Herzegovina, Bulgaria, Burma, India, Italy, Kosovo, Mexico, the
Philippines, Poland, Slovenia, Spain, and Taiwan AD investigations are
July 1, 2022, through June 30, 2023.
Scope of the Investigations
The products covered by these investigations are mattresses from
Bosnia and Herzegovina, Bulgaria, Burma, India, Italy, Kosovo, Mexico,
the Philippines, Poland, Slovenia, Spain, and Taiwan. For a full
description of the scope of these investigations, see the appendix to
this notice.
Comments on the Scope of the Investigations
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 Petitions is an accurate
reflection of the products for which the domestic industry is seeking
relief.\7\ On August 7 and 9, 2023, the petitioners revised the
scope.\8\ The description of the merchandise covered by these
investigations, as described in the appendix to this notice, reflects
these clarifications.
---------------------------------------------------------------------------
\7\ See General Issues Supplemental Questionnaire at 3-4; see
also Second General Issues Supplemental Questionnaire at 3.
\8\ See First General Issues Supplement at 4 and Exhibit 3; see
also Second General Issues Supplement at 1 and Exhibit 2.
---------------------------------------------------------------------------
As discussed in the Preamble to Commerce's regulations, we are
setting aside a period of time for interested parties to raise issues
regarding product coverage (i.e., scope).\9\ Commerce will consider all
comments received from interested parties and, if necessary, will
consult with interested parties prior to the issuance of the
preliminary determinations. If scope comments include factual
information,\10\ all such factual information should be limited to
public information. To facilitate preparation of its questionnaires,
Commerce requests that all interested parties submit such comments 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.\11\
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\9\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997) (Preamble).
\10\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\11\ 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.
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Commerce requests that any factual information that parties
consider relevant to the scope of the investigations be submitted
during that period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigations may be relevant, the party may contact Commerce and
request permission to submit the additional information. All such
submissions must be filed simultaneously on the records of the
concurrent AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically using
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\12\ An electronically-filed document must be received
successfully in its entirety by the time and date it is due.\13\
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\12\ 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 help 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.
\13\ See 19 CFR 351.303(b)(1).
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Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of mattresses to be
reported in response to Commerce's AD questionnaires. This information
will be used to identify the key physical characteristics of the
subject merchandise in order to report the relevant costs of production
(COP) accurately, as well as to develop appropriate product comparison
criteria where appropriate.
Subsequent to the publication of this notice, Commerce intends to
release a proposed list of physical characteristics and product-
comparison criteria, and interested parties may provide any information
or comments that they feel are relevant to the development of an
accurate list of physical characteristics. Specifically, they may
provide comments as to which characteristics are appropriate to use as:
(1) general product characteristics; and (2) product comparison
criteria. We note that it is not always appropriate to use all product
characteristics as product comparison criteria. We base product
comparison criteria on meaningful commercial differences among
products. In other words, although there may be some physical product
characteristics utilized by manufacturers to describe mattresses, it
may be that only a select few product characteristics take into account
commercially meaningful physical characteristics. In addition,
interested parties may comment on the order in which the physical
characteristics should be used in matching products. Generally,
Commerce attempts to list the most important physical characteristics
first and the least important characteristics last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, all product
characteristics comments must be filed by 5:00 p.m. ET on September 6,
2023, which is 20 calendar days from
[[Page 57435]]
the signature date of this notice. Any rebuttal comments must be filed
by 5:00 p.m. ET on September 18, 2023, which is the next business day
after ten calendar days from the initial comment deadline.\14\ All
comments and submissions to Commerce must be filed electronically using
ACCESS, as explained above, on the record of each of the AD
investigations.
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\14\ 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.
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Determination of Industry Support for the Petitions
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(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 732(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,\15\ 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, such differences
do not render the decision of either agency contrary to law.\16\
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\15\ See section 771(10) of the Act.
\16\ 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)).
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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 investigations.\17\ 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.\18\
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\17\ See Petitions at Volume I (pages I-19 through I-23); see
also First General Issues Supplement at 2 and Exhibit 1.
\18\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Antidumping Duty Initiation Checklists: Mattresses from Bosnia
and Herzegovina, Bulgaria, Burma, India, Italy, Kosovo, Mexico, the
Philippines, Poland, Slovenia, Spain, and Taiwan, dated concurrently
with this notice (Country-Specific AD Initiation Checklists), 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).
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In determining whether the petitioners have standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' 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 Petitions, and compared this to the estimated total
shipments of the domestic like product for the entire domestic
industry.\19\ 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,\20\ we have relied on the data provided by
the petitioners for purposes of measuring industry support.\21\
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\19\ See Petitions at Volume I (pages I-7 through I-8 and
Exhibit I-6); see also First General Issues Supplement at 5-7 and
Exhibits 4-8; and Second General Issues Supplement at 2-3 and
Exhibits 3-5.
\20\ See Petitions at Volume I (pages I-7 through I-8 and
Exhibit I-6); see also First General Issues Supplement at 5-6.
\21\ See Petitions at Volume I (pages I-7 through I-8 and
Exhibit I-6); see also First General Issues Supplement at 5-7 and
Exhibits 4-8; and Second General Issues Supplement at 2-3 and
Exhibits 3-5.
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Our review of the data provided in the Petitions, the First General
Issues Supplement, the Second General Issues Supplement, and other
information readily available to Commerce indicates that the
petitioners have established industry support for the Petitions.\22\
First, the Petitions 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).\23\ Second, the domestic producers (or workers) have met the
statutory criteria for industry support under section 732(c)(4)(A)(i)
of the Act because the domestic producers (or workers) who support the
Petitions account for at least 25 percent of the total production of
the domestic like product.\24\ Finally, the domestic producers (or
workers) have met the statutory criteria for industry support under
section 732(c)(4)(A)(ii) of the Act, because the domestic producers (or
workers) who support the Petitions 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
Petitions.\25\ Accordingly, Commerce determines that the Petitions were
filed on behalf of the domestic industry within the meaning of section
732(b)(1) of the Act.\26\
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\22\ Id.
\23\ See Country-Specific AD Initiation Checklists at Attachment
II; see also section 732(c)(4)(D) of the Act.
\24\ See Country-Specific AD Initiation Checklists at Attachment
II.
\25\ Id.
\26\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioners allege that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, with regard to Burma, Kosovo,
Mexico, and Taiwan, the petitioners allege that
[[Page 57436]]
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\27\ With regard to Bosnia and
Herzegovina, Bulgaria, India, Italy, the Philippines, Poland, Slovenia,
and Spain, while the allegedly dumped imports from each of these
countries do not individually exceed the statutory requirements for
negligibility, the petitioners provided data demonstrating that the
aggregate import share from these eight countries is 12.30 percent,
which exceeds the seven percent threshold established by the exception
in section 771(24)(A)(ii) of the Act.\28\
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\27\ See Petitions at Volume I (pages I-24 through I-25 and
Exhibit I-12).
\28\ Id.
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The petitioners contend that the industry's injured condition is
illustrated by the 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.\29\ We
assessed the allegations and supporting evidence regarding material
injury, threat of material injury, causation, as well as negligibility,
and we have determined that these allegations are properly supported by
adequate evidence and meet the statutory requirements for
initiation.\30\
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\29\ See Petitions at Volume I (pages I-24 through I-52 and
Exhibits I-1 through I-5 and I-9 through I-16); see also First
General Issues Supplement at 7 and Exhibit 1.
\30\ See Country-Specific AD Initiation Checklists 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, the Philippines, Poland,
Slovenia, Spain, and Taiwan).
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate AD investigations of
imports of mattresses from Bosnia and Herzegovina, Bulgaria, Burma,
India, Italy, Kosovo, Mexico, the Philippines, Poland, Slovenia, Spain,
and Taiwan. The sources of data for the deductions and adjustments
relating to U.S. price and normal value (NV) are discussed in greater
detail in the Country-Specific AD Initiation Checklists.
U.S. Price
For Bosnia and Herzegovina, Bulgaria, Burma, India, Italy, Kosovo,
Mexico, the Philippines, Poland, Slovenia, Spain, and Taiwan, the
petitioners based export price (EP) on POI average unit values (AUVs)
derived from official U.S. import statistics for imports of mattresses
produced in and exported from each country.\31\ The petitioners did not
make any adjustments to U.S. price to calculate a net ex-factory U.S.
price.\32\
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\31\ See Country-Specific AD Initiation Checklists.
\32\ Id.
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Normal Value 33
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\33\ In accordance with section 773(b)(2) of the Act, for these
investigations, Commerce will request information necessary to
calculate the constructed value and COP to determine whether there
are reasonable grounds to believe or suspect that sales of the
foreign like product have been made at prices that represent less
than the COP of the product.
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For Bosnia and Herzegovina, Bulgaria, Burma, India, Italy, Kosovo,
Mexico, the Philippines, Poland, Slovenia, Spain, and Taiwan, the
petitioners based NV on home market prices obtained through market
research for mattresses produced in and sold, or offered for sale, in
each country during the applicable time period.\34\ The petitioners
made certain adjustments to home market price to calculate a net ex-
factory home market price, where appropriate.\35\
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\34\ See Country-Specific AD Initiation Checklists.
\35\ Id.
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Fair Value Comparisons
Based on the data provided by the petitioners, there is reason to
believe that imports of mattresses from Bosnia and Herzegovina,
Bulgaria, Burma, India, Italy, Kosovo, Mexico, the Philippines, Poland,
Slovenia, Spain, and Taiwan, are being, or are likely to be, sold in
the United States at LTFV. Based on comparisons of EP to NV in
accordance with sections 772 and 773 of the Act, the estimated dumping
margins for mattresses for each of the countries covered by this
initiation are as follows: (1) Bosnia and Herzegovina--217.38 percent;
(2) Bulgaria--106.27 percent; (3) Burma--181.71 percent; (4) India--
42.76 percent; (5) Italy--257.06 percent; (6) Kosovo--654.67 percent,
(7) Mexico--61.97 percent; (8) the Philippines--538.23 percent; (9)
Poland--330.71 percent; (10) Slovenia--744.81 percent; (11) Spain--
280.28 percent; and (12) Taiwan--624.50 percent.\36\
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\36\ Id. for details of the calculations.
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Initiation of LTFV Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating AD investigations to determine
whether imports of mattresses from Bosnia and Herzegovina, Bulgaria,
Burma, India, Italy, Kosovo, Mexico, the Philippines, Poland, Slovenia,
Spain, and Taiwan are being, or are likely to be, sold in the United
States at LTFV. In accordance with section 733(b)(1)(A) of the Act and
19 CFR 351.205(b)(1), unless postponed, we will make our preliminary
determinations no later than 140 days after the date of these
initiations.
Respondent Selection
In the Petitions, the petitioners identified four companies in
Bosnia and Herzegovina, eight companies in Bulgaria, four companies in
Burma, 39 companies in India, 39 companies in Italy, three companies in
Kosovo, 36 companies in Mexico, nine companies in the Philippines, 19
companies in Poland, six companies in Slovenia, 24 companies in Spain,
and 98 companies in Taiwan as producers/exporters of mattresses.\37\
Following standard practice in AD investigations involving market
economy countries, in the event Commerce determines that the number of
exporters or producers is large such that Commerce cannot individually
examine each company based on its resources, where appropriate,
Commerce intends to select mandatory respondents in these cases based
on U.S. Customs and Border Protection (CBP) data for U.S. imports under
the appropriate Harmonized Tariff Schedule of the United States
subheadings listed in the ``Scope of the Investigations,'' in the
appendix.
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\37\ See First General Issues Supplement at 2-4 and Exhibit 2.
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On August 14, 2023, Commerce released CBP data on imports of
mattresses from Bosnia and Herzegovina, Bulgaria, Burma, India, Italy,
Kosovo, Mexico, the Philippines, Poland, Slovenia, Spain, and Taiwan
under administrative protective order (APO) to all parties with access
to information protected by APO and indicated that interested parties
wishing to comment on CBP data and/or respondent selection must do so
within three business days of the publication date of the notice of
initiation of these investigations.\38\ Comments must be
[[Page 57437]]
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.
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\38\ See Memoranda, ``Antidumping Duty Petition on Imports of
Mattresses from Bosnia and Herzegovina: Release of U.S. Customs and
Border Protection Data,'' dated August 14, 2023; ``Antidumping Duty
Petition on Imports of Mattresses from Bulgaria: Release of U.S.
Customs and Border Protection Data,'' dated August 14, 2023;
``Antidumping Duty Petition on Imports of Mattresses from Burma:
Release of U.S. Customs and Border Protection Data,'' dated August
14, 2023; ``Antidumping Duty Petition on Imports of Mattresses from
India: Release of U.S. Customs and Border Protection Data,'' dated
August 14, 2023; ``Antidumping Duty Petition on Imports of
Mattresses from Italy: Release of U.S. Customs and Border Protection
Data,'' dated August 14, 2023; ``Antidumping Duty Petition on
Imports of Mattresses from Kosovo: Release of U.S. Customs and
Border Protection Data,'' dated August 14, 2023. ``Antidumping Duty
Petition on Imports of Mattresses from Mexico: Release of U.S.
Customs and Border Protection Data,'' dated August 14, 2023;
``Antidumping Duty Petition on Imports of Mattresses from the
Philippines: Release of U.S. Customs and Border Protection Data,''
dated August 14, 2023; ``Antidumping Duty Petition on Imports of
Mattresses from Poland: Release of U.S. Customs and Border
Protection Data,'' dated August 14, 2023; ``Antidumping Duty
Petition on Imports of Mattresses from Slovenia: Release of U.S.
Customs and Border Protection Data,'' dated August 14, 2023;
``Antidumping Duty Petition on Imports of Mattresses from Spain:
Release of U.S. Customs and Border Protection Data,'' dated August
14, 2023; and ``Antidumping Duty Petition on Imports of Mattresses
from Taiwan: Release of U.S. Customs and Border Protection Data,''
dated August 14, 2023.
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Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on Commerce's website at https://access.trade.gov/Resources/Administrative_Protective_Order.aspx.
Distribution of Copies of the Petitions
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the Petitions have been
provided to the governments of Bosnia and Herzegovina, Bulgaria, Burma,
India, Italy, Kosovo, Mexico, the Philippines, Poland, Slovenia, Spain,
and Taiwan via ACCESS. To the extent practicable, we will attempt to
provide a copy of the public version of the AD Petitions to each
exporter named in the Petitions, as provided under 19 CFR
351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its initiation, as required by
section 732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions were filed, whether there is a reasonable
indication that imports of mattresses from Bosnia and Herzegovina,
Bulgaria, Burma, India, Italy, Kosovo, Mexico, the Philippines, Poland,
Slovenia, Spain, and/or Taiwan, are materially injuring, or threatening
material injury to, a U.S. industry.\39\ A negative ITC determination
for any country will result in the investigation being terminated with
respect to that country.\40\ Otherwise, these AD investigations will
proceed according to statutory and regulatory time limits.
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\39\ See section 733(a) of the Act.
\40\ Id.
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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 \41\ 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.\42\ 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 these investigations.
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\41\ See 19 CFR 351.301(b).
\42\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------
Particular Market Situation Allegation
Section 773(e) of the Act addresses the concept of particular
market situation (PMS) for purposes of CV, stating that ``if a
particular market situation exists such that the cost of materials and
fabrication or other processing of any kind does not accurately reflect
the cost of production in the ordinary course of trade, the
administering authority may use another calculation methodology under
this subtitle or any other calculation methodology.'' When an
interested party submits a PMS allegation pursuant to section 773(e) of
the Act, Commerce will respond to such a submission consistent with 19
CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists under section
773(e) of the Act, then it will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v),
sets a deadline for the submission of PMS allegations and supporting
factual information. However, in order to administer section 773(e) of
the Act, Commerce must receive PMS allegations and supporting factual
information with enough time to consider the submission. Thus, should
an interested party wish to submit a PMS allegation and supporting new
factual information pursuant to section 773(e) of the Act, it must do
so no later than 20 days after submission of a respondent's initial
response to section D of Commerce's AD questionnaire.
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. 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, standalone submission; under limited circumstances,
Commerce will grant untimely filed requests for the extension of time
limits, where we determine, based on 19 CFR 351.302, that extraordinary
circumstances exist. Parties should review Commerce's regulations
concerning the extension of time limits and the Time Limits Final Rule
prior to submitting factual information in these investigations.\43\
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\43\ See 19 CFR 351.302; see also, e.g., Extension of Time
Limits; Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits
Final Rule), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\44\
Parties must use the certification formats provided in 19 CFR
351.303(g).\45\ Commerce intends to
[[Page 57438]]
reject factual submissions if the submitting party does not comply with
the applicable certification requirements.
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\44\ See section 782(b) of the Act.
\45\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to
frequently asked questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in these investigations should ensure that they meet the requirements
of 19 CFR 351.103(d) (e.g., by filing the required letter of
appearance). Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\46\
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\46\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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This notice is issued and published pursuant to sections 732(c)(2)
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 Investigations
The products covered by these investigations 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 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 investigations 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 these investigations 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 these investigations 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 these investigations 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 these investigations 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 these
investigations 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 these investigations 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 these
investigations 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 these investigations is
dispositive.
[FR Doc. 2023-18165 Filed 8-22-23; 8:45 am]
BILLING CODE 3510-DS-P
