Mattresses From Bulgaria: Final Affirmative Determination of Sales at Less Than Fair Value, 42443-42446 [2024-10556]
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Federal Register / Vol. 89, No. 95 / Wednesday, May 15, 2024 / Notices
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enter new foreign markets, in
connection with which the Committee
may advise on how to gather,
disseminate, and promote awareness of
information on environmental exports
and related trade issues.
II. Membership
The ETTAC shall consist of
approximately 35 members appointed
by the Secretary, in accordance with
applicable Department of Commerce
guidance and based on their ability to
carry out the objectives of the
Committee. Members shall represent
U.S. environmental technologies
manufacturing and services companies,
U.S. trade associations, U.S. private
sector organizations, States or
associations representing the States, and
civil society groups involved in the
promotion of exports of environmental
technologies products and services.
Members of the Committee are
selected, in accordance with applicable
Department of Commerce guidelines,
based on their ability to carry out the
objectives of the Committee as set forth
in the Charter and in a manner that
ensures that the Committee is balanced
in terms of points of view, industry
subsector, geography, and company
size. The diverse membership of the
Committee assures perspectives
reflecting the breadth of the
Committee’s responsibilities, and,
where possible, the Department of
Commerce will also consider the ethnic,
racial, sexual orientation and gender
identity diversity and various abilities
of the United States population. The
Department is committed to achieving
diversity in membership of the Council
to the maximum extent permitted by
law consistent with the need for
balanced industry representation. The
Department may seek additional
nominations as necessary to attain
membership balance and demographic
diversity. The Secretary shall appoint to
the Committee at least one individual
representing each of the following:
(a) environmental businesses,
including small businesses;
(b) trade associations in the
environmental sector;
(c) private sector organizations
involved in the promotion of
environmental exports, including
products that comply with U.S.
environmental, safety, and related
requirements;
(d) States (as defined in 15 U.S.C.
4721(j)(5)) and associations representing
the States; and
(e) other appropriate civil society
groups, such as labor organizations.
Members of the Committee serve at
the pleasure of the Secretary from the
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19:12 May 14, 2024
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date of appointment to the Committee to
the date on which the Committee’s
charter terminates. Members of the
Committee serve in a representative
capacity, presenting the views and
interests of a U.S. entity or U.S.
organization, as well as their particular
subsector; they are, therefore, not
Special Government Employees. Each
member of the Committee must be a
U.S. citizen and must not be registered
as foreign agents under the Foreign
Agents Registration Act. No member
may represent a company that is
majority owned or controlled by a
foreign government entity (or foreign
government entities). Members of the
Committee will not be compensated for
their services or reimbursed for their
travel expenses. The Secretary of
Commerce invites applications for the
ETTAC, consistent with the above
membership requirements. To be
considered for membership, submit the
following information 5:00 p.m. EDT on
August 9, 2024, to the email listed in the
ADDRESSES section. If you are interested
in nominating someone to become a
member of the Committee, please
provide the following information:
(1) Sponsor letter on the company’s,
trade association’s or organization’s
letterhead containing the name, title,
and relevant contact information
(including phone and email address) of
the individual who is applying or being
nominated;
(2) An affirmative statement that the
nominee will be able to meet the
expected time commitments of
Committee work, including:
(a) Attending Committee meetings as
scheduled below approximately eight
times throughout the charter (lasting
one day each), including attending at
least four in-person Committee meetings
at the U.S. Department of Commerce.
Tentative dates are provided below, but
final dates, including the dates of inperson meetings, will be determined in
consultation with 2024–2026 ETTAC
advisors:
I. January 28, 2025 (in-person
attendance required)
II. April 8, 2025
III. June 3, 2025
IV. September 9, 2025
V. December 9, 2025
VI. February 3, 2026
VII. April 28, 2026
VIII. July 14, 2026 (in-person attendance
required)
(b) undertaking additional work
outside of full committee meetings
including subcommittee conference
calls or meetings as needed; and
(c) frequently drafting, preparing, or
commenting on proposed
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recommendations to be evaluated at
Committee meetings.
(3) Short biography of nominee,
including credentials;
(4) Brief description of the company,
trade association, or organization to be
represented and its business activities;
company size (number of employees
and annual sales); and export markets
served;
(5) An affirmative statement that the
nominee meets all Committee eligibility
criteria, specifically addressing that the
applicant:
(a) Is a U.S. citizen; and
(b) Is not required to register as a
foreign agent under the Foreign Agents
Registration Act of 1938, as amended
Please do not send company, trade
association, or organization brochures or
any other information.
All applications should be submitted
in pdf or MS Word format via email to
Megan Hyndman, Designated Federal
Officer, Office of Energy &
Environmental Industries, International
Trade Administration, U.S. Department
of Commerce, at Megan.Hyndman@
trade.gov and Evelina Scott, Secondary
Designated Federal Officer, Office of
Energy & Environmental Industries,
International Trade Administration, at
Evelina.Scott@trade.gov. Nominees
selected for appointment to the
Committee will be notified by email.
Dated: May 7, 2024.
Man K. Cho,
Deputy Director, Office of Energy and
Environmental Industries.
[FR Doc. 2024–10581 Filed 5–14–24; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–487–001]
Mattresses From Bulgaria: Final
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) determines that
mattresses from Bulgaria are being, or
are likely to be, sold in the United States
at less than fair value (LTFV). The
period of investigation is July 1, 2022,
through June 30, 2023.
DATES: Applicable May 15, 2024.
FOR FURTHER INFORMATION CONTACT: T.J.
Worthington, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
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Federal Register / Vol. 89, No. 95 / Wednesday, May 15, 2024 / Notices
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4567.
SUPPLEMENTARY INFORMATION:
Background
On March 1, 2024, Commerce
published in the Federal Register its
preliminary affirmative determination
in the LTFV investigation of mattresses
from Bulgaria and invited interested
parties to comment.1 No interested party
submitted comments. Accordingly, the
final determination remains unchanged
from the Preliminary Determination and
no decision memorandum accompanies
this notice.
Scope of the Investigation
The products covered by this
investigation are mattresses from
Bulgaria. For a complete description of
the scope of this investigation, see the
appendix to this notice.
Scope Comments
During the course of this
investigation, Commerce received scope
comments from parties. Commerce
issued a Preliminary Scope Decision
Memorandum to address these
comments and set aside a period of time
for parties to address scope issues in
scope-specific case and rebuttal briefs.2
We received comments from parties on
the Preliminary Scope Decision
Memorandum, which we address in the
Final Scope Decision Memorandum.3
We made changes to the scope of the
investigation from the scope published
in the Preliminary Determination, as
noted in the appendix to this notice.
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Use of Adverse Facts Available
As discussed in the Preliminary
Determination, Commerce assigned to
the mandatory respondents in this
investigation, BRN Sleep Products and
Fumeibai Industrial Co., Ltd., estimated
weighted-average dumping margins on
the basis of adverse facts available
(AFA), pursuant to section 776(a) and
(b) of the Tariff Act of 1930, as amended
(the Act).4 Accordingly, for this final
determination, we continue to find that
1 See Mattresses from Bulgaria: Preliminary
Affirmative Determination of Sales at Less Than
Fair Value, 89 FR 15136 (March 1, 2024)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
2 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 February 23, 2024.
3 See Memorandum, ‘‘Mattresses from Bosnia and
Herzegovina, Bulgaria, Burma, India, Indonesia,
Italy, Kosovo, Mexico, Philippines, Poland,
Slovenia, Spain, and Taiwan: Final Scope Decision
Memorandum,’’ dated concurrently with this
notice.
4 See Preliminary Determination, 89 FR at 15137.
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the application of AFA pursuant to
sections 776(a) and (b) of the Act is
warranted with respect to the
mandatory respondents in this
investigation.
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated weightedaverage dumping margin for all other
producers and exporters not
individually investigated shall be equal
to the weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated excluding
rates that are zero, de minimis, or
determined entirely under section 776
of the Act.
In the Preliminary Determination, we
assigned a dumping margin of 106.27
percent as the all-others rate based on
the only calculated rate in the petition,
pursuant to section 735(c)(5)(B) of the
Act.5 As noted above, we received no
comments on our Preliminary
Determination; thus, we continue to
assign a dumping margin of 106.27
percent as the all-others rate for this
final determination.
Final Determination
Commerce determines that the
following estimated weighted-average
dumping margins exist for the period,
July 1, 2022, through June 30, 2023:
Exporter/producer
Estimated
weightedaverage
dumping
margin
(percent)
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border
Protection (CBP) to continue to suspend
liquidation of all entries of mattresses
from Bulgaria, as described in the
appendix to this notice, which were
entered, or withdrawn from warehouse
for consumption on or after March 1,
2024, which is the date of publication
of the Preliminary Determination in the
Federal Register.
Pursuant to section 735(c)(1)(B)(ii) of
the Act and 19 CFR 351.210(d), where
appropriate, 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 rate for the respondents listed
above will be equal to the companyspecific estimated weighted-average
dumping margin determined in this
final 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 companyspecific 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 weightedaverage dumping margin. These
suspension of liquidation instructions
will remain in effect until further notice.
U.S. International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the U.S.
BRN Sleep Products ..................
* 106.27 International Trade Commission (ITC) of
Fumeibai Industrial Co., Ltd .......
* 106.27 the final affirmative determination of
All Others ....................................
106.27
sales at LTFV. Because Commerce’s
* Rate based on facts available with adverse final determination is affirmative, in
inferences.
accordance with section 735(b)(2) of the
Act, the ITC will make its final
Disclosure
determination as to whether the
Normally, Commerce will disclose to
domestic industry in the United States
the parties in a proceeding the
is materially injured, or threatened with
calculations performed in connection
material injury, by reason of imports or
with a final determination within five
sales (or the likelihood of sales) for
days of any public announcement or, if
importation of mattresses from Bulgaria
there is no public announcement,
no later than 45 days after this final
within five days of the date of
determination. If the ITC determines
publication of this notice in the Federal that such injury does not exist, this
Register, in accordance with 19 CFR
proceeding will be terminated, and all
351.224(b). Because Commerce received cash deposits posted will be refunded
no comments on the Preliminary
and suspension of liquidation will be
Determination, it is adopting the
lifted. If the ITC determines that such
Preliminary Determination as the final
injury does exist, Commerce will issue
determination in this investigation.
an antidumping duty order directing
Consequently, there are no new
CBP to assess, upon further instruction
calculations to disclose.
by Commerce, antidumping duties on
all imports of the subject merchandise
5 See Preliminary Determination, 89 FR at 15137.
entered, or withdrawn from warehouse,
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for consumption on or after the effective
date of the suspension of liquidation, as
discussed above in the ‘‘Continuation of
Suspension of Liquidation’’ section.
Administrative Protective Order
This notice also serves as a final
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3),
which continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and the terms of an APO is
a sanctionable violation.
Notification to Interested Parties
This final determination and notice
are issued and published in accordance
with sections 735(d) and 777(i) of the
Act, and 19 CFR 351.210(c).
Dated: May 8, 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.
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Appendix
Scope of the Investigation
The products covered by this investigation
are all types of youth and adult mattresses.
The term ‘‘mattress’’ denotes an assembly of
materials that at a minimum includes a
‘‘core,’’ which provides the main support
system of the mattress, and may consist of
innersprings, foam, other resilient filling, or
a combination of these materials. Mattresses
also may contain: (1) ‘‘upholstery,’’ the
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
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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 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:
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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.
Also excluded from the scope are the
following hospital and patient care setting
surfaces. Products that fall within the below
categories and meet all the exclusion factors
in the respective category qualify for such
exclusion, regardless of whether they may be
referenced as a mattress.
Air Surfaces with all of the following
characteristics: with the foot end comprised
of either die-cut construction foam or air
bladders to allow extension and retraction of
the surface; enclosed in a fluid-resistant
polyurethane-coated ticking with a zipper;
with welded seams on the ticking, which are
two or more layers of coated material
thermally fused together with a permanent
bond; with the core including air bladders,
with or without foam inside; with a unique
device identifier label for medical devices
issued by an FDA-accredited agency and
listed in the FDA-administered Global
Unique Device Identification Database.
Stretcher Surfaces with all of the following
characteristics: with a nominal thickness of
5 inches or less; with the foam core width
tapered at one end; enclosed in a fluidresistant polyurethane-coated ticking with a
zipper; with welded seams on the ticking,
which are two or more layers of coated
material thermally fused together with a
permanent bond; with the exterior of the
ticking containing a welded flap to cover the
ticking zipper; with loop velcro attached to
the ticking to allow for the stretcher surface
to be firmly affixed to the stretcher; with a
unique device identifier label for medical
devices issued by an FDA-accredited agency
and listed in the FDA-administered Global
Unique Device Identification Database.
Birthing Bed Surfaces with all of the
following characteristics: with a nominal
thickness of 5 inches or less; with a foam
core in two pieces that have either a Vshaped cutout or U-Shaped cutout; enclosed
in a fluid-resistant polyurethane-coated
ticking with a zipper; with welded seams on
the ticking, which are two or more layers of
coated material thermally fused together with
a permanent bond; with attachment fasteners
extending from the bottom of the surface
comprised of snaps or plastic hook(s); with
a unique device identifier label for medical
devices issued by an FDA-accredited agency
and listed in the FDA-administered Global
Unique Device Identification Database.
Foam Surfaces with all the following
characteristics: with a nominal thickness of
6.5 inches or less; with a foam core that has
articulation lines cut into the foam and/or
die-cut construction in a portion of the foam
to allow movement of the surface; enclosed
in a fluid-resistant polyurethane-coated
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ticking with a zipper; with the ticking made
of material meeting ASTM F1671B–07
requirements for porosity and ISO 10993
requirements for biocompatibility; with
welded seams on the ticking, which are two
or more layers of coated material thermally
fused together with a permanent bond; with
brackets or attachment knobs embedded in
the surface core to allow the surface to be
firmly affixed to the hospital bed frame; with
a unique device identifier label for medical
devices issued by an FDA-accredited agency
and listed in the FDA-administered Global
Unique Device Identification Database, where
the label includes the manufacturer’s name
and address as well as the product’s name,
date of manufacture, serial number, and
Global Trade Identification Number (GTIN).
The products subject to this investigation
are currently classifiable under Harmonized
Tariff Schedule of the United States (HTSUS)
subheadings: 9404.21.0010, 9404.21.0013,
9404.21.0095, 9404.29.1005, 9404.29.1013,
9404.29.1095, 9404.29.9085, 9404.29.9087,
and 9404.29.9095. Products subject to this
investigation may also enter under HTSUS
subheadings: 9401.41.0000, 9401.49.0000,
and 9401.99.9081. Although the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the merchandise subject to this
investigation is dispositive.
Background
[FR Doc. 2024–10556 Filed 5–14–24; 8:45 am]
The products covered by this Order
are certain flat-rolled steel products,
either clad, plated, or coated with
corrosion-resistant metals such as zinc,
aluminum, or zinc-, aluminum-, nickelor iron-based alloys, whether or not
corrugated or painted, varnished,
laminated, or coated with plastics or
other non-metallic substances in
addition to the metallic coating. The
products covered include coils that have
a width of 12.7 mm or greater,
regardless of form of coil (e.g., in
successively superimposed layers,
spirally oscillating, etc.). The products
covered also include products not in
coils (e.g., in straight lengths) of a
thickness less than 4.75 mm and a
width that is 12.7 mm or greater and
that measures at least 10 times the
thickness. The products covered also
include products not in coils (e.g., in
straight lengths) of a thickness of 4.75
mm or more and a width exceeding 150
mm and measuring at least twice the
thickness. The products described above
may be rectangular, square, circular, or
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–879]
Certain Corrosion-Resistant Steel
Products From the Republic of Korea:
Notice of Initiation of Countervailing
Duty Changed Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request for a
changed circumstances review (CCR),
the U.S. Department of Commerce
(Commerce) is initiating a CCR of the
countervailing duty (CVD) order on
certain corrosion-resistant steel
products (CORE) from the Republic of
Korea (Korea) to determine whether
Dongkuk Coated Metal Co., Ltd.
(Dongkuk CM) is the successor-ininterest (SII) to Dongkuk Steel Mill Co.,
Ltd. (Old Dongkuk Steel).
DATES: Applicable May 15, 2024.
FOR FURTHER INFORMATION CONTACT:
Shane Subler, AD/CVD Operations,
Office VIII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–6241.
SUPPLEMENTARY INFORMATION:
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On July 25, 2016, Commerce
published the CVD order on CORE from
Korea in the Federal Register.1 On
February 9, 2024, Dongkuk CM
requested the initiation of a CCR to
determine that it is the SII to Old
Dongkuk Steel.2 In this request,
Dongkuk CM explained that, on May 12,
2023, the shareholders of Old Dongkuk
Steel approved a December 9, 2022,
proposal by the company’s board of
directors to spin off its cold-rolled steel
division, which produced CORE and
non-subject merchandise, and its hotrolled steel division, which produced
only non-subject merchandise, as
separate operating companies.3 Further,
the shareholders approved a proposal to
position the newly established operating
companies under a holding company,
Dongkuk Holdings Co., Ltd., effective as
of June 1, 2023.4
On March 21, 2024, Commerce
extended the deadline for determining
whether to initiate a CCR by 45 days,
until May 9, 2024.5
Scope of the Order
1 See Certain Corrosion-Resistant Steel Products
from India, Italy, Republic of Korea and the
People’s Republic of China: Countervailing Duty
Order, 81 FR 48387 (July 25, 2016) (Order).
2 See Dongkuk CM’s Letter, ‘‘Request for Changed
Circumstances Review and Successor-in-Interest
Determination,’’ dated February 9, 2024 (Dongkuk
CM’s CCR Request).
3 Id. at 2.
4 Id.
5 See Memorandum, ‘‘Extension of Deadline for
Initiation of Changed Circumstances Review,’’
dated March 21, 2024.
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other shape and include products of
either rectangular or non-rectangular
cross-section where such cross-section
is achieved subsequent to the rolling
process, i.e., products which have been
‘‘worked after rolling’’ (e.g., products
which have been beveled or rounded at
the edges). For purposes of the width
and thickness requirements referenced
above:
(1) where the nominal and actual
measurements vary, a product is within
the scope if application of either the
nominal or actual measurement would
place it within the scope based on the
definitions set forth above, and
(2) where the width and thickness
vary for a specific product (e.g., the
thickness of certain products with nonrectangular cross-section, the width of
certain products with non-rectangular
shape, etc.), the measurement at its
greatest width or thickness applies.
Steel products included in the scope
of this Order are products in which: (1)
iron predominates, by weight, over each
of the other contained elements; (2) the
carbon content is 2 percent or less, by
weight; and (3) none of the elements
listed below exceeds the quantity, by
weight, respectively indicated:
• 2.50 percent of manganese, or
• 3.30 percent of silicon, or
• 1.50 percent of copper, or
• 1.50 percent of aluminum, or
• 1.25 percent of chromium, or
• 0.30 percent of cobalt, or
• 0.40 percent of lead, or
• 2.00 percent of nickel, or
• 0.30 percent of tungsten (also called
wolfram), or
• 0.80 percent of molybdenum, or
• 0.10 percent of niobium (also called
columbium), or
• 0.30 percent of vanadium, or
• 0.30 percent of zirconium
Unless specifically excluded, products
are included in this scope regardless of
levels of boron and titanium.
For example, specifically included in
this scope are vacuum degassed, fully
stabilized (commonly referred to as
interstitial-free (IF)) steels and high
strength low alloy (HSLA) steels. IF
steels are recognized as low carbon
steels with micro-alloying levels of
elements such as titanium and/or
niobium added to stabilize carbon and
nitrogen elements. HSLA steels are
recognized as steels with micro-alloying
levels of elements such as chromium,
copper, niobium, titanium, vanadium,
and molybdenum.
Furthermore, this scope also includes
Advanced High Strength Steels (AHSS)
and Ultra High Strength Steels (UHSS),
both of which are considered high
tensile strength and high elongation
steels.
E:\FR\FM\15MYN1.SGM
15MYN1
]]>Agencies
[Federal Register Volume 89, Number 95 (Wednesday, May 15, 2024)]
[Notices]
[Pages 42443-42446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10556]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-487-001]
Mattresses From Bulgaria: Final 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) determines that
mattresses from Bulgaria are being, or are likely to be, sold in the
United States at less than fair value (LTFV). The period of
investigation is July 1, 2022, through June 30, 2023.
DATES: Applicable May 15, 2024.
FOR FURTHER INFORMATION CONTACT: T.J. Worthington, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401
[[Page 42444]]
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
4567.
SUPPLEMENTARY INFORMATION:
Background
On March 1, 2024, Commerce published in the Federal Register its
preliminary affirmative determination in the LTFV investigation of
mattresses from Bulgaria and invited interested parties to comment.\1\
No interested party submitted comments. Accordingly, the final
determination remains unchanged from the Preliminary Determination and
no decision memorandum accompanies this notice.
---------------------------------------------------------------------------
\1\ See Mattresses from Bulgaria: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, 89 FR 15136 (March
1, 2024) (Preliminary Determination), and accompanying Preliminary
Decision Memorandum.
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are mattresses from
Bulgaria. For a complete description of the scope of this
investigation, see the appendix to this notice.
Scope Comments
During the course of this investigation, Commerce received scope
comments from parties. Commerce issued a Preliminary Scope Decision
Memorandum to address these comments and set aside a period of time for
parties to address scope issues in scope-specific case and rebuttal
briefs.\2\ We received comments from parties on the Preliminary Scope
Decision Memorandum, which we address in the Final Scope Decision
Memorandum.\3\ We made changes to the scope of the investigation from
the scope published in the Preliminary Determination, as noted in the
appendix to this notice.
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\2\ 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 February 23, 2024.
\3\ See Memorandum, ``Mattresses from Bosnia and Herzegovina,
Bulgaria, Burma, India, Indonesia, Italy, Kosovo, Mexico,
Philippines, Poland, Slovenia, Spain, and Taiwan: Final Scope
Decision Memorandum,'' dated concurrently with this notice.
---------------------------------------------------------------------------
Use of Adverse Facts Available
As discussed in the Preliminary Determination, Commerce assigned to
the mandatory respondents in this investigation, BRN Sleep Products and
Fumeibai Industrial Co., Ltd., estimated weighted-average dumping
margins on the basis of adverse facts available (AFA), pursuant to
section 776(a) and (b) of the Tariff Act of 1930, as amended (the
Act).\4\ Accordingly, for this final determination, we continue to find
that the application of AFA pursuant to sections 776(a) and (b) of the
Act is warranted with respect to the mandatory respondents in this
investigation.
---------------------------------------------------------------------------
\4\ See Preliminary Determination, 89 FR at 15137.
---------------------------------------------------------------------------
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and exporters
not individually investigated shall be equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated excluding rates that
are zero, de minimis, or determined entirely under section 776 of the
Act.
In the Preliminary Determination, we assigned a dumping margin of
106.27 percent as the all-others rate based on the only calculated rate
in the petition, pursuant to section 735(c)(5)(B) of the Act.\5\ As
noted above, we received no comments on our Preliminary Determination;
thus, we continue to assign a dumping margin of 106.27 percent as the
all-others rate for this final determination.
---------------------------------------------------------------------------
\5\ See Preliminary Determination, 89 FR at 15137.
---------------------------------------------------------------------------
Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist for the period, July 1, 2022, through June 30,
2023:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
BRN Sleep Products.......................................... * 106.27
Fumeibai Industrial Co., Ltd................................ * 106.27
All Others.................................................. 106.27
------------------------------------------------------------------------
* Rate based on facts available with adverse inferences.
Disclosure
Normally, Commerce will disclose to the parties in a proceeding the
calculations performed in connection with a final determination within
five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in the Federal Register, in accordance with 19 CFR 351.224(b).
Because Commerce received no comments on the Preliminary Determination,
it is adopting the Preliminary Determination as the final determination
in this investigation. Consequently, there are no new calculations to
disclose.
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all entries of mattresses from Bulgaria, as
described in the appendix to this notice, which were entered, or
withdrawn from warehouse for consumption on or after March 1, 2024,
which is the date of publication of the Preliminary Determination in
the Federal Register.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), where appropriate, 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 rate for
the respondents listed above will be equal to the company-specific
estimated weighted-average dumping margin determined in this final
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. These suspension of
liquidation instructions will remain in effect until further notice.
U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
U.S. International Trade Commission (ITC) of the final affirmative
determination of sales at LTFV. Because Commerce's final determination
is affirmative, in accordance with section 735(b)(2) of the Act, the
ITC will make its final determination as to whether the domestic
industry in the United States is materially injured, or threatened with
material injury, by reason of imports or sales (or the likelihood of
sales) for importation of mattresses from Bulgaria no later than 45
days after this final determination. If the ITC determines that such
injury does not exist, this proceeding will be terminated, and all cash
deposits posted will be refunded and suspension of liquidation will be
lifted. If the ITC determines that such injury does exist, Commerce
will issue an antidumping duty order directing CBP to assess, upon
further instruction by Commerce, antidumping duties on all imports of
the subject merchandise entered, or withdrawn from warehouse,
[[Page 42445]]
for consumption on or after the effective date of the suspension of
liquidation, as discussed above in the ``Continuation of Suspension of
Liquidation'' section.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return or
destruction of APO materials, or conversion to judicial protective
order, is hereby requested. Failure to comply with the regulations and
the terms of an APO is a sanctionable violation.
Notification to Interested Parties
This final determination and notice are issued and published in
accordance with sections 735(d) and 777(i) of the Act, and 19 CFR
351.210(c).
Dated: May 8, 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
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.
Also excluded from the scope are the following hospital and
patient care setting surfaces. Products that fall within the below
categories and meet all the exclusion factors in the respective
category qualify for such exclusion, regardless of whether they may
be referenced as a mattress.
Air Surfaces with all of the following characteristics: with the
foot end comprised of either die-cut construction foam or air
bladders to allow extension and retraction of the surface; enclosed
in a fluid-resistant polyurethane-coated ticking with a zipper; with
welded seams on the ticking, which are two or more layers of coated
material thermally fused together with a permanent bond; with the
core including air bladders, with or without foam inside; with a
unique device identifier label for medical devices issued by an FDA-
accredited agency and listed in the FDA-administered Global Unique
Device Identification Database.
Stretcher Surfaces with all of the following characteristics:
with a nominal thickness of 5 inches or less; with the foam core
width tapered at one end; enclosed in a fluid-resistant
polyurethane-coated ticking with a zipper; with welded seams on the
ticking, which are two or more layers of coated material thermally
fused together with a permanent bond; with the exterior of the
ticking containing a welded flap to cover the ticking zipper; with
loop velcro attached to the ticking to allow for the stretcher
surface to be firmly affixed to the stretcher; with a unique device
identifier label for medical devices issued by an FDA-accredited
agency and listed in the FDA-administered Global Unique Device
Identification Database.
Birthing Bed Surfaces with all of the following characteristics:
with a nominal thickness of 5 inches or less; with a foam core in
two pieces that have either a V-shaped cutout or U-Shaped cutout;
enclosed in a fluid-resistant polyurethane-coated ticking with a
zipper; with welded seams on the ticking, which are two or more
layers of coated material thermally fused together with a permanent
bond; with attachment fasteners extending from the bottom of the
surface comprised of snaps or plastic hook(s); with a unique device
identifier label for medical devices issued by an FDA-accredited
agency and listed in the FDA-administered Global Unique Device
Identification Database.
Foam Surfaces with all the following characteristics: with a
nominal thickness of 6.5 inches or less; with a foam core that has
articulation lines cut into the foam and/or die-cut construction in
a portion of the foam to allow movement of the surface; enclosed in
a fluid-resistant polyurethane-coated
[[Page 42446]]
ticking with a zipper; with the ticking made of material meeting
ASTM F1671B-07 requirements for porosity and ISO 10993 requirements
for biocompatibility; with welded seams on the ticking, which are
two or more layers of coated material thermally fused together with
a permanent bond; with brackets or attachment knobs embedded in the
surface core to allow the surface to be firmly affixed to the
hospital bed frame; with a unique device identifier label for
medical devices issued by an FDA-accredited agency and listed in the
FDA-administered Global Unique Device Identification Database, where
the label includes the manufacturer's name and address as well as
the product's name, date of manufacture, serial number, and Global
Trade Identification Number (GTIN).
The products subject to this investigation are currently
classifiable under Harmonized Tariff Schedule of the United States
(HTSUS) subheadings: 9404.21.0010, 9404.21.0013, 9404.21.0095,
9404.29.1005, 9404.29.1013, 9404.29.1095, 9404.29.9085,
9404.29.9087, and 9404.29.9095. Products subject to this
investigation may also enter under HTSUS subheadings: 9401.41.0000,
9401.49.0000, and 9401.99.9081. Although the HTSUS subheadings are
provided for convenience and customs purposes, the written
description of the merchandise subject to this investigation is
dispositive.
[FR Doc. 2024-10556 Filed 5-14-24; 8:45 am]
BILLING CODE 3510-DS-P
