Mattresses From Mexico: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 15152-15155 [2024-04323]
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15152
Federal Register / Vol. 89, No. 42 / Friday, March 1, 2024 / Notices
mattresses, crib mattresses), or as part of a set
(in combination with a ‘‘mattress
foundation’’). ‘‘Mattress foundations’’ are any
base or support for a mattress. Mattress
foundations are commonly referred to as
‘‘foundations,’’ ‘‘boxsprings,’’ ‘‘platforms,’’
and/or ‘‘bases.’’ Bases can be static, foldable,
or adjustable. Only the mattress is covered by
the scope if imported as part of furniture,
with furniture mechanisms, or as part of a
set, in combination with a mattress
foundation.
Excluded from the scope of this
investigation are ‘‘futon’’ mattresses. A
‘‘futon’’ is a bi-fold frame made of wood,
metal, or plastic material, or any combination
thereof, that functions as both seating
furniture (such as a couch, love seat, or sofa)
and a bed. A ‘‘futon mattress’’ is a tufted
mattress, where the top covering is secured
to the bottom with thread that goes
completely through the mattress from the top
through to the bottom, and it does not
contain innersprings or foam. A futon
mattress is both the bed and seating surface
for the futon.
Also excluded from the scope are airbeds
(including inflatable mattresses) and
waterbeds, which consist of air- or liquidfilled bladders as the core or main support
system of the mattress.
Also excluded is certain multifunctional
furniture that is convertible from seating to
sleeping, regardless of filler material or
components, where such filler material or
components are upholstered, integrated into
the design and construction of, and
inseparable from, the furniture framing, and
the outermost layer of the multifunctional
furniture converts into the sleeping surface.
Such furniture may, and without limitation,
be commonly referred to as ‘‘convertible
sofas,’’ ‘‘sofabeds,’’ ‘‘sofa chaise sleepers,’’
‘‘futons,’’ ‘‘ottoman sleepers,’’ or a like
description.
Also excluded from the scope of this
investigation are any products covered by the
existing antidumping duty orders on
uncovered innerspring units from the
People’s Republic of China, South Africa,
and the Socialist Republic of Vietnam. See
Uncovered Innerspring Units from the
People’s Republic of China, South Africa,
and Socialist Republic of Vietnam:
Continuation of Antidumping Duty Orders,
84 FR 55285 (October 16, 2019).
Also excluded from the scope of this
investigation are bassinet pads with a
nominal length of less than 39 inches, a
nominal width of less than 25 inches, and a
nominal depth of less than 2 inches.
Additionally, also excluded from the scope
of this investigation are ‘‘mattress toppers.’’
A ‘‘mattress topper’’ is a removable bedding
accessory that supplements a mattress by
providing an additional layer that is placed
on top of a mattress. Excluded mattress
toppers have a height of four inches or less.
The products subject to this investigation
are currently classifiable under Harmonized
Tariff Schedule of the United States (HTSUS)
subheadings: 9404.21.0010, 9404.21.0013,
9404.21.0095, 9404.29.1005, 9404.29.1013,
9404.29.1095, 9404.29.9085, 9404.29.9087,
and 9404.29.9095. Products subject to this
investigation may also enter under HTSUS
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21:28 Feb 29, 2024
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subheadings: 9401.41.0000, 9401.49.0000,
and 9401.99.9081. Although the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the merchandise subject to this
investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Application of Facts Available With
Adverse Inferences
V. Preliminary Determination of Critical
Circumstances
VI. Recommendation
[FR Doc. 2024–04325 Filed 2–29–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–859]
Mattresses From Mexico: Preliminary
Affirmative Determination of Sales at
Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that mattresses (mattresses)
from Mexico are being, or are likely to
be, sold in the United States at less than
fair value (LTFV). The period of
investigation (POI) is July 1, 2022,
through June 30, 2023. Interested parties
are invited to comment on this
preliminary determination.
DATES: Applicable March 1, 2024.
FOR FURTHER INFORMATION CONTACT:
Dakota Potts or Benjamin Blythe, AD/
CVD Operations, Office IV, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0223 or (202) 482–3457,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on August 23, 2023.1 On October 23,
2023, Commerce postponed the
1 See 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, 88
FR 57433 (August 23, 2023) (Initiation Notice).
PO 00000
Frm 00037
Fmt 4703
Sfmt 4703
preliminary determination of this
investigation until February 23, 2024.2
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.3 A list of topics
included in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Investigation
The products covered by this
investigation are mattresses from
Mexico. For a complete description of
the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the Preamble,4 we
set aside a period of time for parties to
raise issues regarding product coverage
(i.e., scope).5 Certain interested parties
commented on the scope of the
investigation as it appeared in the
Initiation Notice. For a summary of the
product coverage comments and
rebuttal responses submitted to the
record for this preliminary
determination and accompanying
discussion and analysis of all comments
timely received, see the Preliminary
Scope Decision Memorandum.6
Commerce is not preliminarily
modifying the scope language as it
appeared in the Initiation Notice. See
the scope in Appendix I to this notice.
2 See Mattresses From Bosnia and Herzegovina,
Bulgaria, Burma, India, Italy, Kosovo, Mexico, the
Philippines, Poland, Slovenia, Spain, and Taiwan:
Postponement of Preliminary Determinations in the
Less-Than-Fair-Value Investigations, 88 FR 72737
(October 23, 2023).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination of Sales
at Less Than Fair Value in the Investigation of
Mattresses from Mexico,’’ dated concurrently with,
and hereby adopted by, this notice (Preliminary
Decision Memorandum).
4 See Antidumping Duties; Countervailing Duties;
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
5 See Initiation Notice, 88 FR at 57434.
6 See Memorandum, ‘‘Mattresses from Bosnia and
Herzegovina, Bulgaria, Burma, India, Indonesia,
Italy, Kosovo, Mexico, Philippines, Poland,
Slovenia, Spain, and Taiwan: Preliminary Scope
Decision Memorandum,’’ dated concurrently with
this preliminary determination (Preliminary Scope
Decision Memorandum).
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Federal Register / Vol. 89, No. 42 / Friday, March 1, 2024 / Notices
In the Preliminary Scope Decision
Memorandum, Commerce established
the deadline for parties to submit scope
case and rebuttal briefs.7
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce calculated
export prices in accordance with
sections 772(a) and (b) of the Act.
Normal value is calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying the
preliminary determination, see the
Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(A)(ii) and
735(c)(5)(A) of the Act provide that in
the preliminary determination
Commerce shall determine an estimated
all-others rate for all exporters and
producers not individually examined.
This rate shall be an amount equal to
the weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act.
In this investigation, Commerce
calculated an estimated weightedaverage dumping margin above de
minimis for one mandatory respondent,
Ureblock S.A. de C.V. (Ureblock), and
applied the preliminary estimated
weighted-average dumping margin for
one mandatory respondent and one
voluntary respondent, GAIM
Regiomontana SA De CV (GAIM) and
Wendy Colchones S.A. de C.V. (Wendy),
respectively, under section 776 of the
Act. Therefore, consistent with our
practice,8 for the all-others rate in this
investigation, we preliminarily assigned
the above-de minimis dumping margin
calculated for Ureblock as the all-others
rate.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
ddrumheller on DSK120RN23PROD with NOTICES1
Exporter/producer
Ureblock S.A. de C.V./
Espumas de Oriente S.A.
de C.V.9 ............................
Weightedaverage
dumping
margin
(percent)
41.29
7 Id.
8 See Paper File Folders from India: Final
Affirmative Determination of Sales at Less Than
Fair Value, 88 FR 69138 (October 5, 2023).
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Weightedaverage
dumping
margin
(percent)
Exporter/producer
15153
information relied upon in making its
final determination.
Public Comment
Case briefs or other written comments
on non-scope issues may be submitted
GAIM Regiomontana SA De
CV .....................................
* 61.97 to the Assistant Secretary for
Enforcement and Compliance no later
Wendy Colchones S.A. de
C.V ....................................
* 61.97 than seven days after the date on which
All Others ..............................
41.29 the last verification report is issued in
this investigation.10 Rebuttal briefs,
* Adverse Facts Available (AFA)
limited to issues raised in the case
Suspension of Liquidation
briefs, may be filed not later than five
days after the date for filing case
In accordance with section 733(d)(2)
briefs.11 Interested parties who submit
of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to case briefs or rebuttal briefs in this
suspend liquidation of entries of subject proceeding must submit: (1) a table of
merchandise, as described in Appendix contents listing each issue; and (2) a
table of authorities.12
I, entered, or withdrawn from
As provided under 19 CFR
warehouse, for consumption on or after
351.309(c)(2) and (d)(2), in prior
the date of publication of this notice in
proceedings we have encouraged
the Federal Register.
interested parties to provide an
Further, pursuant to section
executive summary of their brief that
733(d)(1)(B) of the Act and 19 CFR
351.205(d), Commerce will instruct CBP should be limited to five pages total,
including footnotes. In this
to require a cash deposit equal to the
investigation, we instead request that
estimated weighted-average dumping
interested parties provide at the
margin or the estimated all-others rate,
beginning of their briefs a public,
as follows: (1) the cash deposit rates for
executive summary for each issue raised
the respondents listed above will be
13
equal to the company-specific estimated in their briefs. Further, we request that
interested
parties
limit their executive
weighted-average dumping margins
summary of each issue to no more than
determined in this preliminary
450 words, not including citations. We
determination; (2) if the exporter is not
intend to use the executive summaries
a respondent identified above, but the
as the basis of the comment summaries
producer is, then the cash deposit rate
included in the issues and decision
will be equal to the company-specific
memorandum that will accompany the
estimated weighted-average dumping
final determination in this investigation.
margin established for that producer of
We request that interested parties
the subject merchandise; and (3) the
cash deposit rate for all other producers include footnotes for relevant citations
in the executive summary of each issue.
and exporters will be equal to the allNote that Commerce has amended
others estimated weighted-average
certain of its requirements pertaining to
dumping margin.
the service of documents in 19 CFR
Disclosure
351.303(f).14
Pursuant to 19 CFR 351.310(c),
Commerce intends to disclose its
interested parties who wish to request a
calculations and analysis performed to
hearing, limited to issues raised in the
interested parties in this preliminary
case and rebuttal briefs, must submit a
determination within five days of any
written request to the Assistant
public announcement or, if there is no
Secretary for Enforcement and
public announcement, within five days
Compliance, U.S. Department of
of the date of publication of this notice
Commerce, within 30 days after the date
in the Federal Register, in accordance
of publication of this notice. Requests
with 19 CFR 351.224(b).
should contain the party’s name,
Verification
address, and telephone number, the
As provided in section 782(i)(1) of the
10 See 19 CFR 351.309(c)(1)(i); see also 19 CFR
Act, Commerce intends to verify the
9 Commerce
preliminarily determines that
Ureblock and Espumas de Oriente S.A. de C.V.
(Espumas) are affiliated pursuant to section
771(33)(A) of the Act, and further that these
companies should be treated as a single entity
pursuant to 19 CFR 351.401(f). For further
discussion, see Preliminary Decision Memorandum;
see also Memorandum, ‘‘Preliminary Determination
Affiliation and Single Entity Memorandum for
Ureblock S.A. de C.V. and Espumas de Oriente, S.A.
de C.V.,’’ dated concurrently with this notice.
PO 00000
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351.303 (for general filing requirements).
11 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023) (APO and
Service Final Rule).
12 See 19 351.309(c)(2) and (d)(2).
13 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
14 See APO and Service Final Rule.
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Federal Register / Vol. 89, No. 42 / Friday, March 1, 2024 / Notices
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
will inform parties of the time and date
for the hearing. Parties should confirm
by telephone the date, time, and
location of the hearing two days before
the scheduled date.
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination in the
Federal Register if, in the event of an
affirmative preliminary determination, a
request for such postponement is made
by exporters who account for a
significant proportion of exports of the
subject merchandise, or in the event of
a negative preliminary determination, a
request for such postponement is made
by the petitioners.15 Section
351.210(e)(2) of Commerce’s regulations
requires that a request by an exporter for
postponement of the final determination
be accompanied by a request for
extension of provisional measures from
a four-month period to a period not
more than six months in duration.16
Section 735(a)(1) of the Act and 19
CFR 351.210(b)(1) provide that
Commerce will issue the final
determination within 75 days after the
date of its preliminary determination.
Accordingly, Commerce will make its
final determination no later than 75
days after the signature date of this
preliminary determination. On February
6, 2024, pursuant to 19 CFR 351.210(e),
the petitioners requested that Commerce
postpone the final determination in
accordance with 19 CFR 351.210(b)(2)(i)
if the preliminary determination in the
investigation is negative. However,
since the preliminary determination is
affirmative, the petitioners’ request for
postponement is not applicable.
ddrumheller on DSK120RN23PROD with NOTICES1
U.S. International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the U.S.
International Trade Commission (ITC) of
its preliminary determination. If the
final determination is affirmative, the
15 The petitioners are Brooklyn Bedding LLC;
Carpenter Co.; Corsicana Mattress Company; Future
Foam, Inc.; FXI, Inc.; Kolcraft Enterprises, Inc.;
Leggett & Platt, Incorporated; Serta Simmons
Bedding, LLC; Southerland, Inc.; 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,
AFL–CIO.
16 See 19 CFR 351.210(e)(2).
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Jkt 262001
ITC will determine before the later of
120 days after the date of this
preliminary determination or 45 days
after the final determination whether
these imports of mattresses from Mexico
are materially injuring, or threaten
material injury to, the U.S. industry.
Notification to Interested Parties
This preliminary determination is
issued and published in accordance
with sections 733(f) and 777(i)(1) of the
Act, and 19 CFR 351.205(c).
Dated: February 23, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The products covered by this investigation
are all types of youth and adult mattresses.
The term ‘‘mattress’’ denotes an assembly of
materials that at a minimum includes a
‘‘core,’’ which provides the main support
system of the mattress, and may consist of
innersprings, foam, other resilient filling, or
a combination of these materials. Mattresses
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 this investigation is restricted
to only ‘‘adult mattresses’’ and ‘‘youth
mattresses.’’ ‘‘Adult mattresses’’ are
frequently described as ‘‘twin,’’ ‘‘extra-long
twin,’’ ‘‘full,’’ ‘‘queen,’’ ‘‘king,’’ or ‘‘California
king’’ mattresses. ‘‘Youth mattresses’’ are
typically described as ‘‘crib,’’ ‘‘toddler,’’ or
‘‘youth’’ mattresses. All adult and youth
mattresses are included regardless of size and
size description or how they are described
(e.g., frameless futon mattress and tri-fold
mattress).
The scope encompasses all types of
‘‘innerspring mattresses,’’ ‘‘non-innerspring
mattresses,’’ and ‘‘hybrid mattresses.’’
‘‘Innerspring mattresses’’ contain
innersprings, a series of metal springs joined
together in sizes that correspond to the
dimensions of mattresses. Mattresses that
contain innersprings are referred to as
‘‘innerspring mattresses’’ or ‘‘hybrid
mattresses.’’ ‘‘Hybrid mattresses’’ contain two
or more support systems as the core, such as
layers of both memory foam and innerspring
units.
‘‘Non-innerspring mattresses’’ are those
that do not contain any innerspring units.
They are generally produced from foams
(e.g., polyurethane, memory (viscoelastic),
latex foam, gel infused viscoelastic (gel
foam), thermobonded polyester,
polyethylene) or other resilient filling.
Mattresses covered by the scope of this
investigation may be imported
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independently, as part of furniture or
furniture mechanisms (e.g., convertible sofa
bed mattresses, sofa bed mattresses imported
with sofa bed mechanisms, corner group
mattresses, day-bed mattresses, roll-away bed
mattresses, high risers, trundle bed
mattresses, crib mattresses), or as part of a set
(in combination with a ‘‘mattress
foundation’’). ‘‘Mattress foundations’’ are any
base or support for a mattress. Mattress
foundations are commonly referred to as
‘‘foundations,’’ ‘‘boxsprings,’’ ‘‘platforms,’’
and/or ‘‘bases.’’ Bases can be static, foldable,
or adjustable. Only the mattress is covered by
the scope if imported as part of furniture,
with furniture mechanisms, or as part of a
set, in combination with a mattress
foundation.
Excluded from the scope of this
investigation are ‘‘futon’’ mattresses. A
‘‘futon’’ is a bi-fold frame made of wood,
metal, or plastic material, or any combination
thereof, that functions as both seating
furniture (such as a couch, love seat, or sofa)
and a bed. A ‘‘futon mattress’’ is a tufted
mattress, where the top covering is secured
to the bottom with thread that goes
completely through the mattress from the top
through to the bottom, and it does not
contain innersprings or foam. A futon
mattress is both the bed and seating surface
for the futon.
Also excluded from the scope are airbeds
(including inflatable mattresses) and
waterbeds, which consist of air- or liquidfilled bladders as the core or main support
system of the mattress.
Also excluded is certain multifunctional
furniture that is convertible from seating to
sleeping, regardless of filler material or
components, where such filler material or
components are upholstered, integrated into
the design and construction of, and
inseparable from, the furniture framing, and
the outermost layer of the multifunctional
furniture converts into the sleeping surface.
Such furniture may, and without limitation,
be commonly referred to as ‘‘convertible
sofas,’’ ‘‘sofabeds,’’ ‘‘sofa chaise sleepers,’’
‘‘futons,’’ ‘‘ottoman sleepers,’’ or a like
description.
Also excluded from the scope of this
investigation are any products covered by the
existing antidumping duty orders on
uncovered innerspring units from the
People’s Republic of China, South Africa,
and the Socialist Republic of Vietnam. See
Uncovered Innerspring Units from the
People’s Republic of China, South Africa,
and Socialist Republic of Vietnam:
Continuation of Antidumping Duty Orders,
84 FR 55285 (October 16, 2019).
Also excluded from the scope of this
investigation are bassinet pads with a
nominal length of less than 39 inches, a
nominal width of less than 25 inches, and a
nominal depth of less than 2 inches.
Additionally, also excluded from the scope
of this investigation are ‘‘mattress toppers.’’
A ‘‘mattress topper’’ is a removable bedding
accessory that supplements a mattress by
providing an additional layer that is placed
on top of a mattress. Excluded mattress
toppers have a height of four inches or less.
The products subject to this investigation
are currently classifiable under Harmonized
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Federal Register / Vol. 89, No. 42 / Friday, March 1, 2024 / Notices
Tariff Schedule of the United States (HTSUS)
subheadings: 9404.21.0010, 9404.21.0013,
9404.21.0095, 9404.29.1005, 9404.29.1013,
9404.29.1095, 9404.29.9085, 9404.29.9087,
and 9404.29.9095. Products subject to this
investigation may also enter under HTSUS
subheadings: 9401.41.0000, 9401.49.0000,
and 9401.99.9081. Although the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the merchandise subject to this
investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Use of Facts Available With Adverse
Inferences
V. Affiliation and Single Entity Treatment
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2024–04323 Filed 2–29–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–455–807]
Mattresses From Poland: Preliminary
Affirmative Determination of Sales at
Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that mattresses (mattresses)
from Poland are being, or are likely to
be, sold in the United States at less than
fair value (LTFV). The period of
investigation (POI) is July 1, 2022,
through June 30, 2023. Interested parties
are invited to comment on this
preliminary determination.
DATES: Applicable March 1, 2024.
FOR FURTHER INFORMATION CONTACT:
Dakota Potts, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0223.
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on August 23, 2023.1 On October 23,
1 See Mattresses from Bosnia and Herzegovina,
Bulgaria, Burma, India, Italy, Kosovo, Mexico, the
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21:28 Feb 29, 2024
Jkt 262001
2023, Commerce postponed the
preliminary determination for this
investigation until February 23, 2024.2
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.3 A list of topics
included in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Investigation
The products covered by this
investigation are mattresses from
Poland. For a complete description of
the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the Preamble,4 we
set aside a period of time for parties to
raise issues regarding product coverage
(i.e., scope).5 Certain interested parties
commented on the scope of the
investigation as it appeared in the
Initiation Notice. For a summary of the
product coverage comments and
rebuttal responses submitted to the
record for this preliminary
determination and accompanying
discussion and analysis of all comments
timely received, see the Preliminary
Scope Decision Memorandum.6
Commerce is not preliminarily
Philippines, Poland, Slovenia, Spain, and Taiwan:
Initiation of Less-Than-Fair-Value Investigations, 88
FR 57433 (August 23, 2023) (Initiation Notice).
2 See Mattresses from Bosnia and Herzegovina,
Bulgaria, Burma, India, Italy, Kosovo, Mexico, the
Philippines, Poland, Slovenia, Spain, and Taiwan:
Postponement of Preliminary Determinations in the
Less-Than-Fair Value Investigations, 88 FR 72737
(October 23, 2023).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination in the
Less-Than-Fair-Value Investigation of Mattresses
from Poland,’’ dated concurrently with, and hereby
adopted by this notice (Preliminary Decision
Memorandum).
4 See Antidumping Duties; Countervailing Duties;
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
5 See Initiation Notice, 88 FR at 57434.
6 See Memorandum, ‘‘Mattresses from Bosnia and
Herzegovina, Bulgaria, Burma, India, Indonesia,
Italy, Kosovo, Mexico, Philippines, Poland,
Slovenia, Spain, and Taiwan: Scope Comments
Decision Memorandum for the Preliminary
Determination,’’ dated concurrently with this
preliminary determination (Preliminary Scope
Decision Memorandum).
PO 00000
Frm 00040
Fmt 4703
Sfmt 4703
15155
modifying the scope language as it
appeared in the Initiation Notice. See
the scope in Appendix I to this notice.
In the Preliminary Scope Decision
Memorandum, Commerce established
the deadline for parties to submit scope
case and rebuttal briefs.7
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Pursuant to sections
776(a) and (b) of the Act, Commerce has
preliminarily relied upon the facts
otherwise available with adverse
inferences for COM40 SP. Z O.O. SP. K.,
CORRECT–K BLASZCZYK I
WSPOLNICY SPOLKA,
ARJOHUNTLEIGH AB, and COM
FORTY LIMITED SP. For a full
description of the methodology
underlying the preliminary
determination, see the Preliminary
Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(A)(ii) and
735(c)(5)(A) of the Act provide that in
the preliminary determination,
Commerce shall determine an estimated
all-others rate for all exporters and
producers not individually examined.
This rate shall be an amount equal to
the weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act.
Pursuant to section 735(c)(5)(B) of the
Act, if the estimated weighted-average
dumping margins established for all
exporters and producers individually
examined are zero, de minimis, or
determined based entirely on facts
otherwise available, Commerce may use
any reasonable method to establish the
estimated weighted-average dumping
margin for all other producers or
exporters. Commerce has preliminarily
determined the estimated weightedaverage dumping margin for each of the
individually examined respondents
under section 776 of the Act. Although,
pursuant to section 735(c)(5)(B) of the
Act, Commerce’s normal practice under
these circumstances has been to
calculate the all-others rate as a simple
average of the alleged dumping margins
from the petition,8 the petitioners
7 Id.
8 See, e.g., Notice of Preliminary Determination of
Sales at Less Than Fair Value: Sodium Nitrite from
the Federal Republic of Germany, 73 FR 21909,
21912 (April 23, 2008), unchanged in Notice of
Final Determination of Sales at Less Than Fair
Value: Sodium Nitrite from the Federal Republic of
E:\FR\FM\01MRN1.SGM
Continued
01MRN1
]]>Agencies
[Federal Register Volume 89, Number 42 (Friday, March 1, 2024)]
[Notices]
[Pages 15152-15155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04323]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-859]
Mattresses From Mexico: Preliminary Affirmative Determination of
Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that mattresses (mattresses) from Mexico are being, or are
likely to be, sold in the United States at less than fair value (LTFV).
The period of investigation (POI) is July 1, 2022, through June 30,
2023. Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable March 1, 2024.
FOR FURTHER INFORMATION CONTACT: Dakota Potts or Benjamin Blythe, AD/
CVD Operations, Office IV, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-0223 or (202)
482-3457, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on August 23,
2023.\1\ On October 23, 2023, Commerce postponed the preliminary
determination of this investigation until February 23, 2024.\2\
---------------------------------------------------------------------------
\1\ See 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, 88 FR 57433 (August 23, 2023) (Initiation Notice).
\2\ See Mattresses From Bosnia and Herzegovina, Bulgaria, Burma,
India, Italy, Kosovo, Mexico, the Philippines, Poland, Slovenia,
Spain, and Taiwan: Postponement of Preliminary Determinations in the
Less-Than-Fair-Value Investigations, 88 FR 72737 (October 23, 2023).
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\3\ A list of topics included in the Preliminary Decision
Memorandum is included as Appendix II to this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination of Sales at Less Than Fair Value in the
Investigation of Mattresses from Mexico,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are mattresses from
Mexico. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
In accordance with the Preamble,\4\ we set aside a period of time
for parties to raise issues regarding product coverage (i.e.,
scope).\5\ Certain interested parties commented on the scope of the
investigation as it appeared in the Initiation Notice. For a summary of
the product coverage comments and rebuttal responses submitted to the
record for this preliminary determination and accompanying discussion
and analysis of all comments timely received, see the Preliminary Scope
Decision Memorandum.\6\ Commerce is not preliminarily modifying the
scope language as it appeared in the Initiation Notice. See the scope
in Appendix I to this notice.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\5\ See Initiation Notice, 88 FR at 57434.
\6\ See Memorandum, ``Mattresses from Bosnia and Herzegovina,
Bulgaria, Burma, India, Indonesia, Italy, Kosovo, Mexico,
Philippines, Poland, Slovenia, Spain, and Taiwan: Preliminary Scope
Decision Memorandum,'' dated concurrently with this preliminary
determination (Preliminary Scope Decision Memorandum).
---------------------------------------------------------------------------
[[Page 15153]]
In the Preliminary Scope Decision Memorandum, Commerce established
the deadline for parties to submit scope case and rebuttal briefs.\7\
---------------------------------------------------------------------------
\7\ Id.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce calculated export prices in accordance
with sections 772(a) and (b) of the Act. Normal value is calculated in
accordance with section 773 of the Act. For a full description of the
methodology underlying the preliminary determination, see the
Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provide that
in the preliminary determination Commerce shall determine an estimated
all-others rate for all exporters and producers not individually
examined. This rate shall be an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
and de minimis margins, and any margins determined entirely under
section 776 of the Act.
In this investigation, Commerce calculated an estimated weighted-
average dumping margin above de minimis for one mandatory respondent,
Ureblock S.A. de C.V. (Ureblock), and applied the preliminary estimated
weighted-average dumping margin for one mandatory respondent and one
voluntary respondent, GAIM Regiomontana SA De CV (GAIM) and Wendy
Colchones S.A. de C.V. (Wendy), respectively, under section 776 of the
Act. Therefore, consistent with our practice,\8\ for the all-others
rate in this investigation, we preliminarily assigned the above-de
minimis dumping margin calculated for Ureblock as the all-others rate.
---------------------------------------------------------------------------
\8\ See Paper File Folders from India: Final Affirmative
Determination of Sales at Less Than Fair Value, 88 FR 69138 (October
5, 2023).
---------------------------------------------------------------------------
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping margin
(percent)
------------------------------------------------------------------------
Ureblock S.A. de C.V./Espumas de Oriente S.A. de C.V.\9\ 41.29
GAIM Regiomontana SA De CV.............................. * 61.97
Wendy Colchones S.A. de C.V............................. * 61.97
All Others.............................................. 41.29
------------------------------------------------------------------------
* Adverse Facts Available (AFA)
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of entries of subject merchandise, as described in Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register.
---------------------------------------------------------------------------
\9\ Commerce preliminarily determines that Ureblock and Espumas
de Oriente S.A. de C.V. (Espumas) are affiliated pursuant to section
771(33)(A) of the Act, and further that these companies should be
treated as a single entity pursuant to 19 CFR 351.401(f). For
further discussion, see Preliminary Decision Memorandum; see also
Memorandum, ``Preliminary Determination Affiliation and Single
Entity Memorandum for Ureblock S.A. de C.V. and Espumas de Oriente,
S.A. de C.V.,'' dated concurrently with this notice.
---------------------------------------------------------------------------
Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR
351.205(d), Commerce will instruct CBP to require a cash deposit equal
to the estimated weighted-average dumping margin or the estimated all-
others rate, as follows: (1) the cash deposit rates for the respondents
listed above will be equal to the company-specific estimated weighted-
average dumping margins determined in this preliminary determination;
(2) if the exporter is not a respondent identified above, but the
producer is, then the cash deposit rate will be equal to the company-
specific estimated weighted-average dumping margin established for that
producer of the subject merchandise; and (3) the cash deposit rate for
all other producers and exporters will be equal to the all-others
estimated weighted-average dumping margin.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in the Federal Register, in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
Case briefs or other written comments on non-scope issues may be
submitted to the Assistant Secretary for Enforcement and Compliance no
later than seven days after the date on which the last verification
report is issued in this investigation.\10\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed not later than five days
after the date for filing case briefs.\11\ Interested parties who
submit case briefs or rebuttal briefs in this proceeding must submit:
(1) a table of contents listing each issue; and (2) a table of
authorities.\12\
---------------------------------------------------------------------------
\10\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for
general filing requirements).
\11\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\12\ See 19 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this investigation, we instead request
that interested parties provide at the beginning of their briefs a
public, executive summary for each issue raised in their briefs.\13\
Further, we request that interested parties limit their executive
summary of each issue to no more than 450 words, not including
citations. We intend to use the executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final determination in this investigation. We
request that interested parties include footnotes for relevant
citations in the executive summary of each issue. Note that Commerce
has amended certain of its requirements pertaining to the service of
documents in 19 CFR 351.303(f).\14\
---------------------------------------------------------------------------
\13\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\14\ See APO and Service Final Rule.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the
[[Page 15154]]
number of participants, whether any participant is a foreign national,
and a list of the issues to be discussed. If a request for a hearing is
made, Commerce will inform parties of the time and date for the
hearing. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination in the Federal Register
if, in the event of an affirmative preliminary determination, a request
for such postponement is made by exporters who account for a
significant proportion of exports of the subject merchandise, or in the
event of a negative preliminary determination, a request for such
postponement is made by the petitioners.\15\ Section 351.210(e)(2) of
Commerce's regulations requires that a request by an exporter for
postponement of the final determination be accompanied by a request for
extension of provisional measures from a four-month period to a period
not more than six months in duration.\16\
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\15\ The petitioners are Brooklyn Bedding LLC; Carpenter Co.;
Corsicana Mattress Company; Future Foam, Inc.; FXI, Inc.; Kolcraft
Enterprises, Inc.; Leggett & Platt, Incorporated; Serta Simmons
Bedding, LLC; Southerland, Inc.; 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, AFL-CIO.
\16\ See 19 CFR 351.210(e)(2).
---------------------------------------------------------------------------
Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that
Commerce will issue the final determination within 75 days after the
date of its preliminary determination. Accordingly, Commerce will make
its final determination no later than 75 days after the signature date
of this preliminary determination. On February 6, 2024, pursuant to 19
CFR 351.210(e), the petitioners requested that Commerce postpone the
final determination in accordance with 19 CFR 351.210(b)(2)(i) if the
preliminary determination in the investigation is negative. However,
since the preliminary determination is affirmative, the petitioners'
request for postponement is not applicable.
U.S. International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its preliminary
determination. If the final determination is affirmative, the ITC will
determine before the later of 120 days after the date of this
preliminary determination or 45 days after the final determination
whether these imports of mattresses from Mexico are materially
injuring, or threaten material injury to, the U.S. industry.
Notification to Interested Parties
This preliminary determination is issued and published in
accordance with sections 733(f) and 777(i)(1) of the Act, and 19 CFR
351.205(c).
Dated: February 23, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
Scope of the Investigation
The products covered by this investigation are all types of
youth and adult mattresses. The term ``mattress'' denotes an
assembly of materials that at a minimum includes a ``core,'' which
provides the main support system of the mattress, and may consist of
innersprings, foam, other resilient filling, or a combination of
these materials. Mattresses 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 this investigation is restricted to only ``adult
mattresses'' and ``youth mattresses.'' ``Adult mattresses'' are
frequently described as ``twin,'' ``extra-long twin,'' ``full,''
``queen,'' ``king,'' or ``California king'' mattresses. ``Youth
mattresses'' are typically described as ``crib,'' ``toddler,'' or
``youth'' mattresses. All adult and youth mattresses are included
regardless of size and size description or how they are described
(e.g., frameless futon mattress and tri-fold mattress).
The scope encompasses all types of ``innerspring mattresses,''
``non-innerspring mattresses,'' and ``hybrid mattresses.''
``Innerspring mattresses'' contain innersprings, a series of metal
springs joined together in sizes that correspond to the dimensions
of mattresses. Mattresses that contain innersprings are referred to
as ``innerspring mattresses'' or ``hybrid mattresses.'' ``Hybrid
mattresses'' contain two or more support systems as the core, such
as layers of both memory foam and innerspring units.
``Non-innerspring mattresses'' are those that do not contain any
innerspring units. They are generally produced from foams (e.g.,
polyurethane, memory (viscoelastic), latex foam, gel infused
viscoelastic (gel foam), thermobonded polyester, polyethylene) or
other resilient filling.
Mattresses covered by the scope of this investigation may be
imported independently, as part of furniture or furniture mechanisms
(e.g., convertible sofa bed mattresses, sofa bed mattresses imported
with sofa bed mechanisms, corner group mattresses, day-bed
mattresses, roll-away bed mattresses, high risers, trundle bed
mattresses, crib mattresses), or as part of a set (in combination
with a ``mattress foundation''). ``Mattress foundations'' are any
base or support for a mattress. Mattress foundations are commonly
referred to as ``foundations,'' ``boxsprings,'' ``platforms,'' and/
or ``bases.'' Bases can be static, foldable, or adjustable. Only the
mattress is covered by the scope if imported as part of furniture,
with furniture mechanisms, or as part of a set, in combination with
a mattress foundation.
Excluded from the scope of this investigation are ``futon''
mattresses. A ``futon'' is a bi-fold frame made of wood, metal, or
plastic material, or any combination thereof, that functions as both
seating furniture (such as a couch, love seat, or sofa) and a bed. A
``futon mattress'' is a tufted mattress, where the top covering is
secured to the bottom with thread that goes completely through the
mattress from the top through to the bottom, and it does not contain
innersprings or foam. A futon mattress is both the bed and seating
surface for the futon.
Also excluded from the scope are airbeds (including inflatable
mattresses) and waterbeds, which consist of air- or liquid-filled
bladders as the core or main support system of the mattress.
Also excluded is certain multifunctional furniture that is
convertible from seating to sleeping, regardless of filler material
or components, where such filler material or components are
upholstered, integrated into the design and construction of, and
inseparable from, the furniture framing, and the outermost layer of
the multifunctional furniture converts into the sleeping surface.
Such furniture may, and without limitation, be commonly referred to
as ``convertible sofas,'' ``sofabeds,'' ``sofa chaise sleepers,''
``futons,'' ``ottoman sleepers,'' or a like description.
Also excluded from the scope of this investigation are any
products covered by the existing antidumping duty orders on
uncovered innerspring units from the People's Republic of China,
South Africa, and the Socialist Republic of Vietnam. See Uncovered
Innerspring Units from the People's Republic of China, South Africa,
and Socialist Republic of Vietnam: Continuation of Antidumping Duty
Orders, 84 FR 55285 (October 16, 2019).
Also excluded from the scope of this investigation are bassinet
pads with a nominal length of less than 39 inches, a nominal width
of less than 25 inches, and a nominal depth of less than 2 inches.
Additionally, also excluded from the scope of this investigation
are ``mattress toppers.'' A ``mattress topper'' is a removable
bedding accessory that supplements a mattress by providing an
additional layer that is placed on top of a mattress. Excluded
mattress toppers have a height of four inches or less.
The products subject to this investigation are currently
classifiable under Harmonized
[[Page 15155]]
Tariff Schedule of the United States (HTSUS) subheadings:
9404.21.0010, 9404.21.0013, 9404.21.0095, 9404.29.1005,
9404.29.1013, 9404.29.1095, 9404.29.9085, 9404.29.9087, and
9404.29.9095. Products subject to this investigation may also enter
under HTSUS subheadings: 9401.41.0000, 9401.49.0000, and
9401.99.9081. Although the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the
merchandise subject to this investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Use of Facts Available With Adverse Inferences
V. Affiliation and Single Entity Treatment
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2024-04323 Filed 2-29-24; 8:45 am]
BILLING CODE 3510-DS-P
