Mattresses From Italy: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, 42429-42432 [2024-10565]
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lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 89, No. 95 / Wednesday, May 15, 2024 / Notices
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 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.
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19:12 May 14, 2024
Jkt 262001
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 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
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
42429
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
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. 2024–10569 Filed 5–14–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–845]
Mattresses From Italy: Final
Affirmative Determination of Sales at
Less Than Fair Value and Final
Affirmative Determination of Critical
Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
mattresses from Italy 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 01, 2022,
through June 30, 2023.
DATES: Applicable May 15, 2024.
FOR FURTHER INFORMATION CONTACT:
Adam Simons or Caroline Carroll, AD/
CVD Operations, Office IX, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
AGENCY:
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Federal Register / Vol. 89, No. 95 / Wednesday, May 15, 2024 / Notices
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–6172 or (202) 482–4948,
respectively.
Memorandum.4 We made changes to the
scope of the investigation from the
scope published in the Preliminary
Determination, as noted in Appendix I.
this issue; thus, we continue to assign
a dumping margin of 257.06 percent as
the all-others rate for this final
determination.
SUPPLEMENTARY INFORMATION:
Analysis of the Comments Received
Final Determination
Background
All issues raised in the case and
rebuttal briefs submitted by interested
parties in this investigation are
addressed in the Issues and Decision
Memorandum. A list of the issues
addressed in the Issues and Decision
Memorandum is attached to this notice
as Appendix II.
Commerce determines that the
following estimated weighted-average
dumping margins exist for the period,
July 1, 2022, through June 30, 2023:
On March 1, 2024, Commerce
published in the Federal Register its
preliminary affirmative determination
in the LTFV investigation of mattresses
from Italy and we invited interested
parties to comment.1
A summary of the events that
occurred since Commerce published the
Preliminary Determination, as well as a
full discussion of the issues raised by
parties for this final determination, may
be found in the Issues and Decision
Memorandum.2 The Issues and 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 Issues and
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Scope of the Investigation
The product covered by this
investigation are mattresses from Italy.
For a complete description of the scope
of this investigation, see Appendix I.
Scope Comments
lotter on DSK11XQN23PROD with NOTICES1
1 See Mattresses from Italy: Preliminary
Affirmative Determination of Sales at Less Than
Fair Value and Preliminary Affirmative
Determination of Critical Circumstances, 89 FR
15143 (March 1, 2024) (Preliminary Determination),
and accompanying Preliminary Decision
Memorandum (PDM).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of Mattresses from Italy,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
3 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.
VerDate Sep<11>2014
19:12 May 14, 2024
Final Affirmative Determination of
Critical Circumstances
We continue to find that critical
circumstances exist with respect to
imports of mattresses from Italy for the
mandatory respondents, Alessanderx
S.p.A (Alessanderx), Gruppo
Buoninfante Industriale S.r.L.
(Buoninfante), Silver Prince S.r.L.
(Silver Prince), and all other producers
and exporters of subject merchandise,
pursuant to section 735(a)(3) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.206.5
Use of Adverse Facts Available (AFA)
As discussed in the Issues and
Decision Memorandum, we continue to
assign to the mandatory respondents in
this investigation, Alessanderx,
Buoninfante, and Silver Prince,
estimated weighted-average dumping
margins on the basis of AFA, pursuant
to sections 776(a) and (b) of Act.6
All-Others Rate
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.3
We received comments from the
interested parties on the Preliminary
Scope Decision Memorandum, which
we address in the Final Scope Decision
Jkt 262001
Producer or exporter
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 257.06
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.7 We received no comments on our
Preliminary Determination regarding
4 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.
5 See Preliminary Determination PDM at 19–22.
6 Id., 89 FR at 15144.
7 Id.
PO 00000
Frm 00011
Fmt 4703
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Alessanderx SpA ........................
Gruppo Buoninfante Industriale
S.P.A .......................................
Silver Prince S.R.L .....................
All Others ....................................
Estimated
weightedaverage
dumping
margin
(percent)
* 257.06
* 257.06
* 257.06
257.06
* 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 of review
within five days of any public
announcement or, if there is no public
announcement, within five days of the
date of publication of the notice of final
determination in the Federal Register,
in accordance with 19 CFR 351.224(b).
However, because we have made no
changes from the Preliminary
Determination, there are no new
calculations to disclose.
Continuation of Suspension of
Liquidation
In accordance with section 735(c)(4)
of the Act, because Commerce continues
to find that critical circumstances exist
for Alessanderx, Buoninfante, Silver
Prince, and all other producers and/or
exporters, we will instruct U.S. Customs
and Border Protection (CBP) to continue
to suspend liquidation of all entries of
subject merchandise, as described in
Appendix I to this notice, which were
entered, or withdrawn from warehouse
for consumption on or after December 2,
2023, which is 90 days before the
publication of the Preliminary
Determination in the Federal Register,
at the cash deposit rate indicated above.
Pursuant to section 735(c)(1)(B)(ii) of
the Act and 19 CFR 351.210(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 rate for the
respondents listed above will be equal
to the company-specific estimated
weighted-average dumping margin
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Federal Register / Vol. 89, No. 95 / Wednesday, May 15, 2024 / Notices
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 Italy 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,
for consumption on or after the effective
date of the suspension of liquidation, as
discussed above in the ‘‘Continuation of
Suspension of Liquidation’’ section.
lotter on DSK11XQN23PROD with NOTICES1
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.
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19:12 May 14, 2024
Jkt 262001
Notification of 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 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
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Fmt 4703
Sfmt 4703
42431
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.
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
E:\FR\FM\15MYN1.SGM
15MYN1
lotter on DSK11XQN23PROD with NOTICES1
42432
Federal Register / Vol. 89, No. 95 / Wednesday, May 15, 2024 / Notices
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
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
VerDate Sep<11>2014
19:12 May 14, 2024
Jkt 262001
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 Issues and
Decision Memorandum
I. Summary
II. Background
III. Discussion of the Issues
Comment 1: Whether Commerce Should
Apply Adverse Facts Available (AFA) to
Buoninfante
IV. Recommendation
[FR Doc. 2024–10565 Filed 5–14–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–565–804]
Mattresses From the Philippines: Final
Affirmative Determination of Sales at
Less Than Fair Value and Final
Affirmative Determination of Critical
Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
mattresses from the Philippines 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.
DATES: Applicable May 15, 2024.
FOR FURTHER INFORMATION CONTACT: Sun
Cho, AD/CVD Operations, Office V,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–6458.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On March 1, 2024, Commerce
published in the Federal Register its
preliminary determination in the LTFV
investigation of mattresses from the
Philippines and invited interested
parties to comment.1 No interested party
submitted comments. Accordingly, the
final determination of the LTFV
1 See Mattresses from the Philippines: Preliminary
Affirmative Determination of Sales at Less Than
Fair Value, and Preliminary Affirmative
Determination of Critical Circumstances, 89 FR
15146 (March 1, 2024) (Preliminary Determination),
and accompanying Preliminary Decision
Memorandum (PDM).
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
investigation remains unchanged from
the Preliminary Determination and no
Issues and Decision Memorandum
accompanies this notice.
Scope of the Investigation
The products covered by this
investigation are mattresses from the
Philippines. 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.
Final Affirmative Determination of
Critical Circumstances
We continue to find that critical
circumstances exist for imports of
mattresses from the Philippines for the
mandatory respondent Maxiflex
Philippines Corp./Polyfoam-RGC
International Corporation/Multiflex
RNC Philippines, Inc./Multimax
Industries Corporation (collectively,
Maxiflex et al.)) and for all other
producers and exporters pursuant to
sections 735(a)(3)(A) and (B) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.206.4
Use of Adverse Facts Available
As discussed in the Preliminary
Determination, we assigned Maxiflex et
al. an estimated weighted-average
dumping margin based on adverse facts
available (AFA), pursuant to sections
776(a) and (b) of Act.5 There is no new
information on the record that would
cause us to revisit our decision in the
Preliminary Determination.
Accordingly, for this final
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 PDM at 11–15.
5 Id., 89 FR at 15147.
E:\FR\FM\15MYN1.SGM
15MYN1
]]>Agencies
[Federal Register Volume 89, Number 95 (Wednesday, May 15, 2024)]
[Notices]
[Pages 42429-42432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10565]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-845]
Mattresses From Italy: Final Affirmative Determination of Sales
at Less Than Fair Value and Final Affirmative Determination of Critical
Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
mattresses from Italy 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 01, 2022, through June 30, 2023.
DATES: Applicable May 15, 2024.
FOR FURTHER INFORMATION CONTACT: Adam Simons or Caroline Carroll, AD/
CVD Operations, Office IX, Enforcement and Compliance, International
Trade Administration, U.S. Department of
[[Page 42430]]
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-6172 or (202) 482-4948, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 1, 2024, Commerce published in the Federal Register its
preliminary affirmative determination in the LTFV investigation of
mattresses from Italy and we invited interested parties to comment.\1\
---------------------------------------------------------------------------
\1\ See Mattresses from Italy: Preliminary Affirmative
Determination of Sales at Less Than Fair Value and Preliminary
Affirmative Determination of Critical Circumstances, 89 FR 15143
(March 1, 2024) (Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
---------------------------------------------------------------------------
A summary of the events that occurred since Commerce published the
Preliminary Determination, as well as a full discussion of the issues
raised by parties for this final determination, may be found in the
Issues and Decision Memorandum.\2\ The Issues and 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 Issues
and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Mattresses from Italy,'' dated concurrently with,
and hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation are mattresses from
Italy. For a complete description of the scope of this investigation,
see Appendix I.
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.\3\ We received comments from the interested parties on the
Preliminary Scope Decision Memorandum, which we address in the Final
Scope Decision Memorandum.\4\ We made changes to the scope of the
investigation from the scope published in the Preliminary
Determination, as noted in Appendix I.
---------------------------------------------------------------------------
\3\ 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.
\4\ 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.
---------------------------------------------------------------------------
Analysis of the Comments Received
All issues raised in the case and rebuttal briefs submitted by
interested parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of the issues addressed in the Issues
and Decision Memorandum is attached to this notice as Appendix II.
Final Affirmative Determination of Critical Circumstances
We continue to find that critical circumstances exist with respect
to imports of mattresses from Italy for the mandatory respondents,
Alessanderx S.p.A (Alessanderx), Gruppo Buoninfante Industriale S.r.L.
(Buoninfante), Silver Prince S.r.L. (Silver Prince), and all other
producers and exporters of subject merchandise, pursuant to section
735(a)(3) of the Tariff Act of 1930, as amended (the Act), and 19 CFR
351.206.\5\
---------------------------------------------------------------------------
\5\ See Preliminary Determination PDM at 19-22.
---------------------------------------------------------------------------
Use of Adverse Facts Available (AFA)
As discussed in the Issues and Decision Memorandum, we continue to
assign to the mandatory respondents in this investigation, Alessanderx,
Buoninfante, and Silver Prince, estimated weighted-average dumping
margins on the basis of AFA, pursuant to sections 776(a) and (b) of
Act.\6\
---------------------------------------------------------------------------
\6\ Id., 89 FR at 15144.
---------------------------------------------------------------------------
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
257.06 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.\7\ We
received no comments on our Preliminary Determination regarding this
issue; thus, we continue to assign a dumping margin of 257.06 percent
as the all-others rate for this final determination.
---------------------------------------------------------------------------
\7\ Id.
---------------------------------------------------------------------------
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
Producer or exporter dumping
margin
(percent)
------------------------------------------------------------------------
Alessanderx SpA............................................. * 257.06
Gruppo Buoninfante Industriale S.P.A........................ * 257.06
Silver Prince S.R.L......................................... * 257.06
All Others.................................................. 257.06
------------------------------------------------------------------------
* 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 of
review within five days of any public announcement or, if there is no
public announcement, within five days of the date of publication of the
notice of final determination in the Federal Register, in accordance
with 19 CFR 351.224(b). However, because we have made no changes from
the Preliminary Determination, there are no new calculations to
disclose.
Continuation of Suspension of Liquidation
In accordance with section 735(c)(4) of the Act, because Commerce
continues to find that critical circumstances exist for Alessanderx,
Buoninfante, Silver Prince, and all other producers and/or exporters,
we will instruct U.S. Customs and Border Protection (CBP) to continue
to suspend liquidation of all entries of subject merchandise, as
described in Appendix I to this notice, which were entered, or
withdrawn from warehouse for consumption on or after December 2, 2023,
which is 90 days before the publication of the Preliminary
Determination in the Federal Register, at the cash deposit rate
indicated above.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(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 rate for the respondents
listed above will be equal to the company-specific estimated weighted-
average dumping margin
[[Page 42431]]
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 Italy 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, 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 of 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 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.
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
[[Page 42432]]
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 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.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Discussion of the Issues
Comment 1: Whether Commerce Should Apply Adverse Facts Available
(AFA) to Buoninfante
IV. Recommendation
[FR Doc. 2024-10565 Filed 5-14-24; 8:45 am]
BILLING CODE 3510-DS-P
