Mattresses From Bosnia and Herzegovina, Bulgaria, Burma, Italy, the Philippines, Poland, Slovenia, and Taiwan: Antidumping Duty Orders, 56851-56855 [2024-15261]
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Federal Register / Vol. 89, No. 133 / Thursday, July 11, 2024 / Notices
to provide U.S. Customs and Border
Protection (CBP) and/or the U.S. Department
of Commerce (Commerce) with the importer
certification, and any supporting
documentation, upon request of either
agency;
I. I understand that the claims made
herein, and the substantiating
documentation, are subject to verification by
CBP and/or Commerce;
J. I understand that failure to maintain the
required certification and supporting
documentation, or failure to substantiate the
claims made herein, or not allowing CBP
and/or Commerce to verify the claims made
herein, may result in a de facto
determination that all entries to which this
certification applies are within the scope of
the antidumping duty (AD) order on HFC
blends from China. I understand that such
finding will result in:
(i) suspension of liquidation of all
unliquidated entries (and entries for which
liquidation has not become final) for which
these requirements were not met;
(ii) the importer being required to post the
cash deposits determined by Commerce; and
(iii) the importer no longer being allowed
to participate in the certification process.
K. I understand that agents of the importer,
such as brokers, are not permitted to make
this certification. Where a broker or other
party was used to facilitate the entry process,
{NAME OF IMPORTING COMPANY}
obtained the entry summary number and date
of entry summary from that party.
L. This certification was completed and
signed on, or prior to, the date of the entry
summary if the entry date is more than 14
days after the date of publication of the
notice of Commerce’s preliminary
determination of circumvention in the
Federal Register. If the entry date is on or
before the 14th day after the date of
publication of the notice of Commerce’s
preliminary determination of circumvention
in the Federal Register, this certification was
completed and signed by no later than 45
days after publication of the notice of
Commerce’s preliminary determination of
circumvention in the Federal Register.
M. I am aware that U.S. law (including, but
not limited to, 18 U.S.C. 1001) imposes
criminal sanctions on individuals who
knowingly and willfully make materially
false statements to the U.S. government.
Signature
{NAME OF COMPANY OFFICIAL}
{TITLE OF COMPANY OFFICIAL}
{DATE}
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[FR Doc. 2024–15264 Filed 7–10–24; 8:45 am]
BILLING CODE 3510–DS–P
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56851
notified Commerce of its final
determinations, pursuant to section
International Trade Administration
735(d) of the Tariff Act of 1930, as
amended (the Act), that an industry in
[A–893–002, A–487–001, A–546–001, A–475–
845, A–565–804, A–455–807, A–856–002, A– the United States is materially injured
within the meaning of section
583–873]
735(b)(1)(A)(i) of the Act by reason of
LTFV imports of mattresses from Bosnia
Mattresses From Bosnia and
and Herzegovina, Bulgaria, Burma, Italy,
Herzegovina, Bulgaria, Burma, Italy,
the Philippines, Poland, Slovenia, and
the Philippines, Poland, Slovenia, and
Taiwan.2
Taiwan: Antidumping Duty Orders
DEPARTMENT OF COMMERCE
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the U.S. Department
of Commerce (Commerce) and the U.S.
International Trade Commission (ITC),
Commerce is issuing antidumping duty
orders on mattresses from Bosnia and
Herzegovina, Bulgaria, Burma, Italy, the
Philippines, Poland, Slovenia, and
Taiwan.
AGENCY:
DATES:
Applicable July 11, 2024.
FOR FURTHER INFORMATION CONTACT:
Christopher Hargett (Bosnia and
Herzegovina); T.J. Worthington
(Bulgaria); Adam Simons (Burma and
Taiwan); Adam Simons and Caroline
Carroll (Italy); Sun Cho (the
Philippines); Dakota Potts (Poland); and
Andrew Hart (Slovenia), AD/CVD
Operations, Offices II, III, IV, V, and IX
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4161,
(202) 482–4567, (202) 482–6172, (202)
482–4948, (202) 482–6458, (202) 482–
0223, or (202) 482–1058, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 15, 2024, Commerce
published in the Federal Register its
affirmative final determinations in the
less-than-fair-value (LTFV)
investigations of mattresses from Bosnia
and Herzegovina, Bulgaria, Burma, Italy,
the Philippines, Poland, Slovenia, and
Taiwan.1 On June 28, 2024, the ITC
1 See Mattresses from Bosnia and Herzegovina:
Final Affirmative Determination of Sales at Less
Than Fair Value and Final Affirmative
Determination of Critical Circumstances, 89 FR
42448 (May 15, 2024); Mattresses from Bulgaria:
Final Affirmative Determination of Sales at Less
Than Fair Value, 89 FR 42443 (May 15, 2024);
Mattresses from Burma: Final Affirmative
Determination of Sales at Less Than Fair Value and
Final Affirmative Determination of Critical
Circumstances, 89 FR 42427 (May 15, 2024) (Burma
Final Determination); Mattresses from Italy: Final
Affirmative Determination of Sales at Less Than
Fair Value and Final Affirmative Determination of
Critical Circumstances, 89 FR 42429 (May 15,
2024); Mattresses from the Philippines: Final
Affirmative Determination of Sales at Less Than
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Scope of the Orders
The products covered by these orders
are mattresses from Bosnia and
Herzegovina, Bulgaria, Burma, Italy, the
Philippines, Poland, Slovenia, and
Taiwan. For a complete description of
the scope of these orders, see the
appendix to this notice.
Antidumping Duty Orders
On July 5, 2024, in accordance with
section 735(d) of the Act, the ITC
published in the Federal Register its
final determinations in these
investigations, in which it found that an
industry in the United States is
materially injured by reason of imports
of mattresses from Bosnia and
Herzegovina, Bulgaria, Burma, Italy, the
Philippines, Poland, Slovenia, and
Taiwan.3 Therefore, in accordance with
sections 735(c)(2) and 736 of the Act,
Commerce is issuing these antidumping
duty orders. Because the ITC
determined that imports of mattresses
from Bosnia and Herzegovina, Bulgaria,
Burma, Italy, the Philippines, Poland,
Slovenia, and Taiwan are materially
injuring a U.S. industry, unliquidated
entries of such merchandise from
Bosnia and Herzegovina, Bulgaria,
Burma, Italy, the Philippines, Poland,
Slovenia, and Taiwan, entered or
withdrawn from warehouse for
consumption, are subject to the
assessment of antidumping duties.
Therefore, in accordance with section
736(a)(1) of the Act, Commerce will
direct U.S. Customs and Border
Protection (CBP) to assess, upon further
Fair Value and Final Affirmative Determination of
Critical Circumstances, 89 FR 42432 (May 15,
2024); Mattresses from Poland: Final Affirmative
Determination of Sales at Less Than Fair Value, 89
FR 42435 (May 15, 2024); Mattresses from Slovenia:
Final Affirmative Determination of Sales at Less
Than Fair Value, 89 FR 42437 (May 15, 2024); and
Mattresses from Taiwan: Final Affirmative
Determination of Sales at Less Than Fair Value and
Final Affirmative Determination of Critical
Circumstances, in Part, 89 FR 42439 (May 15,
2024).
2 See ITC’s Letter, Investigation Nos. 731–TA–
1629–1631, 1633, 1636–1638, and 1640 (Final),
dated June 28, 2024.
3 See Mattresses from Bosnia and Herzegovina,
Bulgaria, Burma, Italy, Philippines, Poland,
Slovenia, and Taiwan; Determinations, 89 FR 55657
(July 5, 2024).
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Federal Register / Vol. 89, No. 133 / Thursday, July 11, 2024 / Notices
instruction by Commerce, antidumping
duties equal to the amount by which the
normal value of the merchandise
exceeds the export price (or constructed
export price) of the merchandise, for all
relevant entries of mattresses from
Bosnia and Herzegovina, Bulgaria,
Burma, Italy, the Philippines, Poland,
Slovenia, and Taiwan. With the
exception of entries occurring after the
expiration of the provisional measures
period and before publication of the
ITC’s final affirmative injury
determinations, as further described
below, antidumping duties will be
assessed on unliquidated entries of
mattresses from Bosnia and
Herzegovina, Bulgaria, Italy, the
Philippines, Poland, Slovenia, and
Taiwan entered, or withdrawn from
warehouse, for consumption, on or after
March 1, 2024, the date of publication
of the Preliminary Determinations.4 As
further described below, antidumping
duties will be assessed on unliquidated
entries of mattresses from Burma
entered, or withdrawn from warehouse,
for consumption, on or after December
2, 2023, which is 90 days prior to the
date of publication of the Burma
Preliminary Determination.
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Critical Circumstances
With respect to the ITC’s negative
critical circumstances determination on
imports of mattresses from Bosnia and
Herzegovina, Italy, the Philippines, and
Taiwan, we will instruct CBP to lift
suspension and to refund any cash
4 See Mattresses from Bosnia and Herzegovina:
Preliminary Affirmative Determination of Sales at
Less Than Fair Value and Preliminary Affirmative
Determination of Critical Circumstances, 89 FR
15161 (March 1, 2024) (Bosnia and Herzegovina
Preliminary Determination); Mattresses from
Bulgaria: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, 89 FR 15136 (March
1, 2024); Mattresses from Burma: Preliminary
Affirmative Determination of Sales at Less Than
Fair Value and Preliminary Affirmative
Determination of Critical Circumstances, 89 FR
15149 (March 1, 2024) (Burma Preliminary
Determination); 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) (Italy Preliminary
Determination); 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) (Philippines Preliminary
Determination); Mattresses from Poland:
Preliminary Affirmative Determination of Sales at
Less Than Fair Value, 89 FR 15155 (March 1, 2024);
Mattresses from Slovenia: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, 89
FR 15121 (March 1, 2024) (Slovenia Preliminary
Determination); and Mattresses from Taiwan:
Preliminary Affirmative Determination of Sales at
Less Than Fair Value and Preliminary Affirmative
Determination of Critical Circumstances, 89 FR
15129 (March 1, 2024) (Taiwan Preliminary
Determination) (collectively, Preliminary
Determinations).
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deposits made to secure the payment of
estimated antidumping duties with
respect to entries of the subject
merchandise from Bosnia and
Herzegovina, Italy, the Philippines, and
Taiwan entered, or withdrawn from
warehouse, for consumption on or after
December 2, 2023 (i.e., 90 days prior to
the date of the publication of the Bosnia
and Herzegovina Preliminary
Determination, Italy Preliminary
Determination, Philippines Preliminary
Determination, and Taiwan Preliminary
Determination), but before March 1,
2024 (i.e., the date of publication of the
Preliminary Determinations).
Regarding Burma, the ITC found that
critical circumstances exist with respect
to imports subject to Commerce’s
affirmative critical circumstances
finding within the meaning of section
735(b)(4)(A) of the Act. As a result of
Commerce’s affirmative critical
circumstances determination under
section 735(a)(3) of the Act, and the
ITC’s affirmative critical circumstances
determination under section
735(b)(4)(A) of the Act, retroactive
duties will be applied to the relevant
imports for a period of 90 days prior to
the suspension of liquidation.5
Therefore, in accordance with section
736(a)(1) of the Act, Commerce will
direct CBP to assess, upon further
instruction by Commerce, antidumping
duties equal to the amount by which the
normal value of the merchandise
exceeds the export price (or constructed
export price) of the merchandise for all
relevant entries of mattresses from
Burma. Antidumping duties will be
assessed on unliquidated entries of
mattresses from Burma for Glory Home
Myanmar Limited, Glory (Hong Kong)
Business Limited, and all other
producers and exporters of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after December 2, 2023, which is 90
days prior to the date of publication of
the Burma Preliminary Determination,
in accordance with the critical
circumstances finding in the Burma
Final Determination. Antidumping
duties will not be assessed on any
entries occurring after the expiration of
the provisional measures period and
before publication of the ITC’s final
affirmative injury determinations, as
further described below.
5 See section 735(c)(4) of the Act; see also
Statement of Administrative Action Accompanying
the Uruguay Round Agreements Act, H.R. Doc. 103–
316, Vol. 1 (1994), at 876 (‘‘If both agencies make
affirmative critical circumstances determinations in
their final investigations, retroactive duties will be
applied for a period ninety days prior to suspension
of liquidation.’’).
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Continuation of Suspension of
Liquidation and Cash Deposits
Except as noted in the ‘‘Provisional
Measures’’ section of this notice, in
accordance with section 736 of the Act,
Commerce will instruct CBP to continue
to suspend liquidation on all relevant
entries of mattresses from Bosnia and
Herzegovina, Bulgaria, Burma, Italy, the
Philippines, Poland, Slovenia, and
Taiwan. These instructions suspending
liquidation will remain in effect until
further notice.
Commerce will also instruct CBP to
require cash deposits equal to the
estimated dumping margins indicated in
the tables below. Accordingly, effective
on the date of publication in the Federal
Register of the notice of the ITC’s final
affirmative injury determinations, CBP
will require, at the same time as
importers would normally deposit
estimated duties on subject
merchandise, a cash deposit equal to the
rates listed below. The all-others rate
applies to all producers or exporters not
specifically listed, as appropriate.
Provisional Measures
Section 733(d) of the Act states that
suspension of liquidation pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months, except where exporters
representing a significant proportion of
exports of the subject merchandise
request that Commerce extend the fourmonth period to no more than six
months. None of the exporters of
mattresses requested Commerce to
extend the four-month period to six
months in these investigations.
The provisional measures period,
beginning on the date of publication of
the Preliminary Determinations, ended
on June 28, 2024. Therefore, in
accordance with section 733(d) of the
Act and our practice,6 Commerce will
instruct CBP to terminate the
suspension of liquidation and to
liquidate, without regard to
antidumping duties, unliquidated
entries of mattresses from Bosnia and
Herzegovina, Bulgaria, Burma, Italy, the
Philippines, Poland, Slovenia, and
Taiwan entered, or withdrawn from
warehouse, for consumption after June
28, 2024, the final day on which the
provisional measures were in effect,
until and through the day preceding the
date of publication of the ITC’s final
affirmative injury determinations in the
6 See, e.g., Certain Corrosion-Resistant Steel
Products from India, India, the People’s Republic of
China, the Republic of Korea and Taiwan:
Amended Final Affirmative Antidumping
Determination for India and Taiwan, and
Antidumping Duty Orders, 81 FR 48390, 48392
(July 25, 2016).
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Federal Register / Vol. 89, No. 133 / Thursday, July 11, 2024 / Notices
56853
Federal Register.8 On September 27,
2021, Commerce also published the
Estimated notice titled ‘‘Scope Ruling Application;
dumping
Annual Inquiry Service List; and
Exporter/producer
margin
Informational Sessions’’ in the Federal
(percent)
Register.9 The Final Rule and
Estimated Dumping Margins
Procedural Guidance provide that
Maxiflex Philippines Corp./
Commerce will maintain an annual
Polyfoam-RGC International
The estimated dumping margins are
Corporation/Multiflex RNC
inquiry service list for each order or
as follows:
Philippines, Inc./Multimax Insuspended investigation, and any
* 538.23 interested party submitting a scope
dustries Corporation 7 .............
BOSNIA AND HERZEGOVINA
All Others ....................................
538.23 ruling application or request for
Estimated
* Rate based on facts available with adverse circumvention inquiry shall serve a
dumping
inferences.
copy of the application or request on the
Exporter/producer
margin
persons on the annual inquiry service
(percent)
list for that order, as well as any
POLAND
companion order covering the same
General Toys Co., Limited .........
* 217.38
Estimated merchandise from the same country of
Mirisan D.O.O .............................
* 217.38
dumping
origin.10
Noctis D.O.O ..............................
* 217.38
Exporter/producer
margin
All Others ....................................
217.38
In accordance with the Procedural
(percent)
Guidance, for orders published in the
* Rate based on facts available with adverse
COM40 SP. Z O.O. SP. K ..........
* 330.71 Federal Register after November 4,
inferences.
CORRECT–K BLASZCZYK I
2021, Commerce will create an annual
WSPOLNICY SPOLKA ...........
* 330.71 inquiry service list segment in
BULGARIA
ARJOHUNTLEIGH AB ...............
* 330.71 Commerce’s online e-filing and
* 330.71 document management system,
Estimated COM FORTY LIMITED SP .........
All Others ....................................
330.71 Antidumping and Countervailing Duty
dumping
Exporter/producer
margin
* Rate based on facts available with adverse Electronic Service System (ACCESS),
(percent)
inferences.
available at https://access.trade.gov,
within five business days of publication
BRN Sleep Products ..................
* 106.27
SLOVENIA
of the notice of the order. Each annual
Fumeibai Industrial Co., Ltd .......
* 106.27
inquiry service list will be saved in
All Others ....................................
106.27
Estimated ACCESS, under each case number, and
* Rate based on facts available with adverse
dumping
under a specific segment type called
Exporter/producer
inferences.
margin
‘‘AISL-Annual Inquiry Service List.’’ 11
(percent)
Interested parties who wish to be
BURMA
Noctis D.O.O ..............................
* 744.81 added to the annual inquiry service list
* 744.81 for an order must submit an entry of
Estimated Stokke AS ...................................
BBCC Int. D.O.O ........................
* 744.81 appearance to the annual inquiry
dumping
Exporter/producer
Mirisan D.O.O .............................
* 744.81 service list segment for the order in
margin
(percent)
All Others ....................................
744.81 ACCESS within 30 days after the date of
* Rate based on facts available with adverse publication of the order. For ease of
Glory Home Myanmar Limited ...
* 181.71
inferences.
administration, Commerce requests that
Glory (Hong Kong) Business
law firms with more than one attorney
Limited .....................................
* 181.71
TAIWAN
representing interested parties in an
All Others ....................................
181.71
order designate a lead attorney to be
* Rate based on facts available with adverse
Estimated included on the annual inquiry service
inferences.
dumping
list. Commerce will finalize the annual
Exporter/producer
margin
inquiry service list within five business
(percent)
ITALY
days thereafter. As mentioned in the
Federal Register. Suspension of
liquidation and the collection of cash
deposits will resume on the date of
publication of the ITC’s final
determinations in the Federal Register.
Estimated
dumping
margin
(percent)
Exporter/producer
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Alessanderx SpA ........................
Gruppo Buoninfante Industriale
S.P.A .......................................
Silver Prince S.R.L .....................
All Others ....................................
* 257.06
* 257.06
* 257.06
257.06
* Rate based on facts available with adverse
inferences.
7 Commerce determined that the following
companies are a single entity: Maxiflex Philippines
Corp.; Multiflex RNC Philippines, Inc.; Multimax
Industries Corporation; and Polyfoam-RGC
International Corporation. See Philippines
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THE PHILIPPINES
Fuyue Mattresses Industry Co.,
Ltd ...........................................
Yong Yi Cheng Co., Ltd .............
Star Seeds Co., ltd .....................
All Others ....................................
* 624.50
* 624.50
* 624.50
624.50
* Rate based on facts available with adverse
inferences.
Establishment of the Annual Inquiry
Service Lists
On September 20, 2021, Commerce
published the final rule titled
‘‘Regulations to Improve Administration
and Enforcement of Antidumping and
Countervailing Duty Laws’’ in the
Preliminary Determination and accompanying
Preliminary Decision Memorandum.
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8 See Regulations to Improve Administration and
Enforcement of Antidumping and Countervailing
Duty Laws, 86 FR 52300 (September 20, 2021)
(Final Rule).
9 See Scope Ruling Application; Annual Inquiry
Service List; and Informational Sessions, 86 FR
53205 (September 27, 2021) (Procedural Guidance).
10 Id.
11 This segment will be combined with the
ACCESS Segment Specific Information (SSI) field
which will display the month in which the notice
of the order or suspended investigation was
published in the Federal Register also known as the
anniversary month. For example, for an order under
case number A–000–000 that was published in the
Federal Register in January, the relevant segment
and SSI combination will appear in ACCESS as
‘‘AISL-January Anniversary.’’ Note that there will
be only one annual inquiry service list segment per
case number, and the anniversary month will be
pre-populated in ACCESS.
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Procedural Guidance, the new annual
inquiry service list will be in place until
the following year, when the
Opportunity Notice for the anniversary
month of the order is published.
Commerce may update an annual
inquiry service list at any time as
needed based on interested parties’
amendments to their entries of
appearance to remove or otherwise
modify their list of members and
representatives, or to update contact
information. Any changes or
announcements pertaining to these
procedures will be posted to the
ACCESS website at https://
access.trade.gov.
Special Instructions for Petitioners and
Foreign Governments
In the Final Rule, Commerce stated
that, ‘‘after an initial request and
placement on the annual inquiry service
list, both petitioners and foreign
governments will automatically be
placed on the annual inquiry service list
in the years that follow.’’ 12
Accordingly, as stated above, the
petitioners and foreign governments
should submit their initial entry of
appearance after publication of this
notice in order to appear in the first
annual inquiry service list for those
orders for which they qualify as an
interested party. Pursuant to 19 CFR
351.225(n)(3), the petitioners and
foreign governments will not need to
resubmit their entries of appearance
each year to continue to be included on
the annual inquiry service list.
However, the petitioners and foreign
governments are responsible for making
amendments to their entries of
appearance during the annual update to
the annual inquiry service list in
accordance with the procedures
described above.
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Notification to Interested Parties
This notice constitutes the
antidumping duty orders with respect to
mattresses from Bosnia and
Herzegovina, Bulgaria, Burma, Italy, the
Philippines, Poland, Slovenia, and
Taiwan pursuant to section 736(a) of the
Act. Interested parties can find a list of
antidumping duty orders currently in
effect at https://www.trade.gov/datavisualization/adcvd-proceedings.
These antidumping duty orders are
published in accordance with section
736(a) of the Act and 19 CFR 351.211(b).
12 See
Final Rule, 86 FR at 52335.
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Dated: July 5, 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 Orders
The products covered by these orders are
all types of youth and adult mattresses. The
term ‘‘mattress’’ denotes an assembly of
materials that at a minimum includes a
‘‘core,’’ which provides the main support
system of the mattress, and may consist of
innersprings, foam, other resilient filling, or
a combination of these materials. Mattresses
also may contain: (1) ‘‘upholstery,’’ the
material between the core and the top panel
of the ticking on a single-sided mattress, or
between the core and the top and bottom
panel of the ticking on a double-sided
mattress; and/or (2) ‘‘ticking,’’ the outermost
layer of fabric or other material (e.g., vinyl)
that encloses the core and any upholstery,
also known as a cover.
The scope of these orders is restricted to
only ‘‘adult mattresses’’ and ‘‘youth
mattresses.’’ ‘‘Adult mattresses’’ are
frequently described as ‘‘twin,’’ ‘‘extra-long
twin,’’ ‘‘full,’’ ‘‘queen,’’ ‘‘king,’’ or ‘‘California
king’’ mattresses. ‘‘Youth mattresses’’ are
typically described as ‘‘crib,’’ ‘‘toddler,’’ or
‘‘youth’’ mattresses. All adult and youth
mattresses are included regardless of size and
size description or how they are described
(e.g., frameless futon mattress and tri-fold
mattress).
The scope encompasses all types of
‘‘innerspring mattresses,’’ ‘‘non-innerspring
mattresses,’’ and ‘‘hybrid mattresses.’’
‘‘Innerspring mattresses’’ contain
innersprings, a series of metal springs joined
together in sizes that correspond to the
dimensions of mattresses. Mattresses that
contain innersprings are referred to as
‘‘innerspring mattresses’’ or ‘‘hybrid
mattresses.’’ ‘‘Hybrid mattresses’’ contain two
or more support systems as the core, such as
layers of both memory foam and innerspring
units.
‘‘Non-innerspring mattresses’’ are those
that do not contain any innerspring units.
They are generally produced from foams
(e.g., polyurethane, memory (viscoelastic),
latex foam, gel infused viscoelastic (gel
foam), thermobonded polyester,
polyethylene) or other resilient filling.
Mattresses covered by the scope of these
orders 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, daybed 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
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mechanisms, or as part of a set, in
combination with a mattress foundation.
Excluded from the scope of these orders
are ‘‘futon’’ mattresses. A ‘‘futon’’ is a bi-fold
frame made of wood, metal, or plastic
material, or any combination thereof, that
functions as both seating furniture (such as
a couch, love seat, or sofa) and a bed. A
‘‘futon mattress’’ is a tufted mattress, where
the top covering is secured to the bottom
with thread that goes completely through the
mattress from the top through to the bottom,
and it does not contain innersprings or foam.
A futon mattress is both the bed and seating
surface for the futon. Also excluded from the
scope are airbeds (including inflatable
mattresses) and waterbeds, which consist of
air- or liquid-filled bladders as the core or
main support system of the mattress.
Also excluded is certain multifunctional
furniture that is convertible from seating to
sleeping, regardless of filler material or
components, where such filler material or
components are upholstered, integrated into
the design and construction of, and
inseparable from, the furniture framing, and
the outermost layer of the multifunctional
furniture converts into the sleeping surface.
Such furniture may, and without limitation,
be commonly referred to as ‘‘convertible
sofas,’’ ‘‘sofabeds,’’ ‘‘sofa chaise sleepers,’’
‘‘futons,’’ ‘‘ottoman sleepers,’’ or a like
description.
Also excluded from the scope of these
orders are any products covered by the
existing antidumping duty orders on
uncovered innerspring units from the
People’s Republic of China, South Africa,
and the Socialist Republic of Vietnam. See
Uncovered Innerspring Units from the
People’s Republic of China, South Africa,
and Socialist Republic of Vietnam:
Continuation of Antidumping Duty Orders,
84 FR 55285 (October 16, 2019).
Also excluded from the scope of these
orders are bassinet pads with a nominal
length of less than 39 inches, a nominal
width of less than 25 inches, and a nominal
depth of less than 2 inches.
Additionally, also excluded from the scope
of these orders 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
E:\FR\FM\11JYN1.SGM
11JYN1
khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 89, No. 133 / Thursday, July 11, 2024 / Notices
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 these orders are
currently classifiable under Harmonized
Tariff Schedule of the United States (HTSUS)
subheadings: 9404.21.0010, 9404.21.0013,
9404.21.0095, 9404.29.1005, 9404.29.1013,
9404.29.1095, 9404.29.9085, 9404.29.9087,
and 9404.29.9095. Products subject to these
orders may also enter under HTSUS
subheadings: 9401.41.0000, 9401.49.0000,
and 9401.99.9081. Although the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the merchandise subject to
these orders is dispositive.
[FR Doc. 2024–15261 Filed 7–10–24; 8:45 am]
BILLING CODE 3510–DS–P
VerDate Sep<11>2014
19:08 Jul 10, 2024
Jkt 262001
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–028]
Antidumping Duty Order on
Hydrofluorocarbon Blends From the
People’s Republic of China: Final
Affirmative Determination of
Circumvention With Respect to R–
410A From the Republic of Türkiye
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
imports of R–410A, completed in the
Republic of Türkiye (Türkiye) using the
People’s Republic of China (China)origin hydrofluorocarbon (HFC)
components, and exported from
Türkiye, are circumventing the
antidumping duty (AD) order on HFC
blends from China.
DATES: Applicable July 11, 2024.
FOR FURTHER INFORMATION CONTACT: Paul
Senoyuit, AD/CVD Operations, Office II,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–6106.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On August 19, 2016, Commerce
published in the Federal Register the
AD order on HFC blends from China.1
On July 7, 2023, Commerce initiated a
country-wide circumvention inquiry
pursuant to section 781(b) of the Tariff
Act of 1930, as amended (the Act), and
19 CFR 351.226(d)(1)(ii) to determine
whether imports of R–410A, completed
in Türkiye using HFC components R–32
(difluoromethane) and R–125
(pentafluoroethane) (collectively, Chinaorigin components) manufactured in
China, are circumventing the Order and,
accordingly, should be covered by the
scope of the Order.2 On December 11,
2023, Commerce published in the
Federal Register its Preliminary
Determination that imports of R–410A
completed in Türkiye using Chinaorigin HFC components and
subsequently exported from Türkiye to
the United States are circumventing the
Order.3
1 See Hydrofluorocarbon Blends from the People’s
Republic of China: Antidumping Duty Order, 81 FR
55436 (August 19, 2016) (Order).
2 See Hydrofluorocarbon Blends from the People’s
Republic of China: Initiation of Circumvention
Inquiries on the Antidumping Duty Order, 88 FR
43275 (July 7, 2023) (Initiation Notice).
3 See Antidumping Duty Order on
Hydrofluorocarbon Blends from the People’s
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
56855
For a summary of events that occurred
since the Preliminary Determination, as
well as a full discussion of the issues
raised by parties for consideration in the
final determination, see the Issues and
Decision Memorandum.4 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 Order
The merchandise covered by the
Order is certain HFC blends. For a
complete description of the scope of the
Order, see the Issues and Decision
Memorandum.
Merchandise Subject to the
Circumvention Inquiry
This circumvention inquiry covers
imports of HFC blend R–410A,
completed in Türkiye using Chinaorigin HFC components and
subsequently exported from Türkiye to
the United States (inquiry merchandise).
Methodology
Commerce is conducting this
circumvention inquiry in accordance
with section 781(b) of the Act, and 19
CFR 351.226. See Preliminary
Determination PDM for a full
description of the methodology.5 We
have continued to apply this
methodology, without exception, and
incorporate by reference this description
of the methodology, for our final
determination.
Analysis of Comments Received
All issues raised in this inquiry are
addressed in the Issues and Decision
Memorandum. A list of the issues raised
is attached to this notice in Appendix I.
Based on our analysis of the comments
Republic of China: Preliminary Affirmative
Determination of Circumvention with Respect to R–
410A from the Republic of Turkey, 88 FR 85871
(December 11, 2023) (Preliminary Determination),
and accompanying Preliminary Decision
Memorandum (PDM).
4 See Memorandum, ‘‘Decision Memorandum for
the Circumvention Inquiry of the Antidumping
Duty Order on Hydrofluorocarbon Blends from the
People’s Republic of China with Respect to Imports
of R–410A from the Republic of Türkiye,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
5 See Preliminary Determination PDM at 3–13.
E:\FR\FM\11JYN1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 133 (Thursday, July 11, 2024)]
[Notices]
[Pages 56851-56855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15261]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-893-002, A-487-001, A-546-001, A-475-845, A-565-804, A-455-807, A-
856-002, A-583-873]
Mattresses From Bosnia and Herzegovina, Bulgaria, Burma, Italy,
the Philippines, Poland, Slovenia, and Taiwan: Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the U.S.
Department of Commerce (Commerce) and the U.S. International Trade
Commission (ITC), Commerce is issuing antidumping duty orders on
mattresses from Bosnia and Herzegovina, Bulgaria, Burma, Italy, the
Philippines, Poland, Slovenia, and Taiwan.
DATES: Applicable July 11, 2024.
FOR FURTHER INFORMATION CONTACT: Christopher Hargett (Bosnia and
Herzegovina); T.J. Worthington (Bulgaria); Adam Simons (Burma and
Taiwan); Adam Simons and Caroline Carroll (Italy); Sun Cho (the
Philippines); Dakota Potts (Poland); and Andrew Hart (Slovenia), AD/CVD
Operations, Offices II, III, IV, V, and IX Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
4161, (202) 482-4567, (202) 482-6172, (202) 482-4948, (202) 482-6458,
(202) 482-0223, or (202) 482-1058, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 15, 2024, Commerce published in the Federal Register its
affirmative final determinations in the less-than-fair-value (LTFV)
investigations of mattresses from Bosnia and Herzegovina, Bulgaria,
Burma, Italy, the Philippines, Poland, Slovenia, and Taiwan.\1\ On June
28, 2024, the ITC notified Commerce of its final determinations,
pursuant to section 735(d) of the Tariff Act of 1930, as amended (the
Act), that an industry in the United States is materially injured
within the meaning of section 735(b)(1)(A)(i) of the Act by reason of
LTFV imports of mattresses from Bosnia and Herzegovina, Bulgaria,
Burma, Italy, the Philippines, Poland, Slovenia, and Taiwan.\2\
---------------------------------------------------------------------------
\1\ See Mattresses from Bosnia and Herzegovina: Final
Affirmative Determination of Sales at Less Than Fair Value and Final
Affirmative Determination of Critical Circumstances, 89 FR 42448
(May 15, 2024); Mattresses from Bulgaria: Final Affirmative
Determination of Sales at Less Than Fair Value, 89 FR 42443 (May 15,
2024); Mattresses from Burma: Final Affirmative Determination of
Sales at Less Than Fair Value and Final Affirmative Determination of
Critical Circumstances, 89 FR 42427 (May 15, 2024) (Burma Final
Determination); Mattresses from Italy: Final Affirmative
Determination of Sales at Less Than Fair Value and Final Affirmative
Determination of Critical Circumstances, 89 FR 42429 (May 15, 2024);
Mattresses from the Philippines: Final Affirmative Determination of
Sales at Less Than Fair Value and Final Affirmative Determination of
Critical Circumstances, 89 FR 42432 (May 15, 2024); Mattresses from
Poland: Final Affirmative Determination of Sales at Less Than Fair
Value, 89 FR 42435 (May 15, 2024); Mattresses from Slovenia: Final
Affirmative Determination of Sales at Less Than Fair Value, 89 FR
42437 (May 15, 2024); and Mattresses from Taiwan: Final Affirmative
Determination of Sales at Less Than Fair Value and Final Affirmative
Determination of Critical Circumstances, in Part, 89 FR 42439 (May
15, 2024).
\2\ See ITC's Letter, Investigation Nos. 731-TA-1629-1631, 1633,
1636-1638, and 1640 (Final), dated June 28, 2024.
---------------------------------------------------------------------------
Scope of the Orders
The products covered by these orders are mattresses from Bosnia and
Herzegovina, Bulgaria, Burma, Italy, the Philippines, Poland, Slovenia,
and Taiwan. For a complete description of the scope of these orders,
see the appendix to this notice.
Antidumping Duty Orders
On July 5, 2024, in accordance with section 735(d) of the Act, the
ITC published in the Federal Register its final determinations in these
investigations, in which it found that an industry in the United States
is materially injured by reason of imports of mattresses from Bosnia
and Herzegovina, Bulgaria, Burma, Italy, the Philippines, Poland,
Slovenia, and Taiwan.\3\ Therefore, in accordance with sections
735(c)(2) and 736 of the Act, Commerce is issuing these antidumping
duty orders. Because the ITC determined that imports of mattresses from
Bosnia and Herzegovina, Bulgaria, Burma, Italy, the Philippines,
Poland, Slovenia, and Taiwan are materially injuring a U.S. industry,
unliquidated entries of such merchandise from Bosnia and Herzegovina,
Bulgaria, Burma, Italy, the Philippines, Poland, Slovenia, and Taiwan,
entered or withdrawn from warehouse for consumption, are subject to the
assessment of antidumping duties.
---------------------------------------------------------------------------
\3\ See Mattresses from Bosnia and Herzegovina, Bulgaria, Burma,
Italy, Philippines, Poland, Slovenia, and Taiwan; Determinations, 89
FR 55657 (July 5, 2024).
---------------------------------------------------------------------------
Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further
[[Page 56852]]
instruction by Commerce, antidumping duties equal to the amount by
which the normal value of the merchandise exceeds the export price (or
constructed export price) of the merchandise, for all relevant entries
of mattresses from Bosnia and Herzegovina, Bulgaria, Burma, Italy, the
Philippines, Poland, Slovenia, and Taiwan. With the exception of
entries occurring after the expiration of the provisional measures
period and before publication of the ITC's final affirmative injury
determinations, as further described below, antidumping duties will be
assessed on unliquidated entries of mattresses from Bosnia and
Herzegovina, Bulgaria, Italy, the Philippines, Poland, Slovenia, and
Taiwan entered, or withdrawn from warehouse, for consumption, on or
after March 1, 2024, the date of publication of the Preliminary
Determinations.\4\ As further described below, antidumping duties will
be assessed on unliquidated entries of mattresses from Burma entered,
or withdrawn from warehouse, for consumption, on or after December 2,
2023, which is 90 days prior to the date of publication of the Burma
Preliminary Determination.
---------------------------------------------------------------------------
\4\ See Mattresses from Bosnia and Herzegovina: Preliminary
Affirmative Determination of Sales at Less Than Fair Value and
Preliminary Affirmative Determination of Critical Circumstances, 89
FR 15161 (March 1, 2024) (Bosnia and Herzegovina Preliminary
Determination); Mattresses from Bulgaria: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, 89 FR 15136 (March
1, 2024); Mattresses from Burma: Preliminary Affirmative
Determination of Sales at Less Than Fair Value and Preliminary
Affirmative Determination of Critical Circumstances, 89 FR 15149
(March 1, 2024) (Burma Preliminary Determination); 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) (Italy Preliminary
Determination); 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) (Philippines Preliminary Determination);
Mattresses from Poland: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, 89 FR 15155 (March 1, 2024);
Mattresses from Slovenia: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, 89 FR 15121 (March 1, 2024) (Slovenia
Preliminary Determination); and Mattresses from Taiwan: Preliminary
Affirmative Determination of Sales at Less Than Fair Value and
Preliminary Affirmative Determination of Critical Circumstances, 89
FR 15129 (March 1, 2024) (Taiwan Preliminary Determination)
(collectively, Preliminary Determinations).
---------------------------------------------------------------------------
Critical Circumstances
With respect to the ITC's negative critical circumstances
determination on imports of mattresses from Bosnia and Herzegovina,
Italy, the Philippines, and Taiwan, we will instruct CBP to lift
suspension and to refund any cash deposits made to secure the payment
of estimated antidumping duties with respect to entries of the subject
merchandise from Bosnia and Herzegovina, Italy, the Philippines, and
Taiwan entered, or withdrawn from warehouse, for consumption on or
after December 2, 2023 (i.e., 90 days prior to the date of the
publication of the Bosnia and Herzegovina Preliminary Determination,
Italy Preliminary Determination, Philippines Preliminary Determination,
and Taiwan Preliminary Determination), but before March 1, 2024 (i.e.,
the date of publication of the Preliminary Determinations).
Regarding Burma, the ITC found that critical circumstances exist
with respect to imports subject to Commerce's affirmative critical
circumstances finding within the meaning of section 735(b)(4)(A) of the
Act. As a result of Commerce's affirmative critical circumstances
determination under section 735(a)(3) of the Act, and the ITC's
affirmative critical circumstances determination under section
735(b)(4)(A) of the Act, retroactive duties will be applied to the
relevant imports for a period of 90 days prior to the suspension of
liquidation.\5\ Therefore, in accordance with section 736(a)(1) of the
Act, Commerce will direct CBP to assess, upon further instruction by
Commerce, antidumping duties equal to the amount by which the normal
value of the merchandise exceeds the export price (or constructed
export price) of the merchandise for all relevant entries of mattresses
from Burma. Antidumping duties will be assessed on unliquidated entries
of mattresses from Burma for Glory Home Myanmar Limited, Glory (Hong
Kong) Business Limited, and all other producers and exporters of
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after December 2, 2023, which is 90 days prior to the
date of publication of the Burma Preliminary Determination, in
accordance with the critical circumstances finding in the Burma Final
Determination. Antidumping duties will not be assessed on any entries
occurring after the expiration of the provisional measures period and
before publication of the ITC's final affirmative injury
determinations, as further described below.
---------------------------------------------------------------------------
\5\ See section 735(c)(4) of the Act; see also Statement of
Administrative Action Accompanying the Uruguay Round Agreements Act,
H.R. Doc. 103-316, Vol. 1 (1994), at 876 (``If both agencies make
affirmative critical circumstances determinations in their final
investigations, retroactive duties will be applied for a period
ninety days prior to suspension of liquidation.'').
---------------------------------------------------------------------------
Continuation of Suspension of Liquidation and Cash Deposits
Except as noted in the ``Provisional Measures'' section of this
notice, in accordance with section 736 of the Act, Commerce will
instruct CBP to continue to suspend liquidation on all relevant entries
of mattresses from Bosnia and Herzegovina, Bulgaria, Burma, Italy, the
Philippines, Poland, Slovenia, and Taiwan. These instructions
suspending liquidation will remain in effect until further notice.
Commerce will also instruct CBP to require cash deposits equal to
the estimated dumping margins indicated in the tables below.
Accordingly, effective on the date of publication in the Federal
Register of the notice of the ITC's final affirmative injury
determinations, CBP will require, at the same time as importers would
normally deposit estimated duties on subject merchandise, a cash
deposit equal to the rates listed below. The all-others rate applies to
all producers or exporters not specifically listed, as appropriate.
Provisional Measures
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
that Commerce extend the four-month period to no more than six months.
None of the exporters of mattresses requested Commerce to extend the
four-month period to six months in these investigations.
The provisional measures period, beginning on the date of
publication of the Preliminary Determinations, ended on June 28, 2024.
Therefore, in accordance with section 733(d) of the Act and our
practice,\6\ Commerce will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of mattresses from Bosnia and Herzegovina,
Bulgaria, Burma, Italy, the Philippines, Poland, Slovenia, and Taiwan
entered, or withdrawn from warehouse, for consumption after June 28,
2024, the final day on which the provisional measures were in effect,
until and through the day preceding the date of publication of the
ITC's final affirmative injury determinations in the
[[Page 56853]]
Federal Register. Suspension of liquidation and the collection of cash
deposits will resume on the date of publication of the ITC's final
determinations in the Federal Register.
---------------------------------------------------------------------------
\6\ See, e.g., Certain Corrosion-Resistant Steel Products from
India, India, the People's Republic of China, the Republic of Korea
and Taiwan: Amended Final Affirmative Antidumping Determination for
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390, 48392
(July 25, 2016).
---------------------------------------------------------------------------
Estimated Dumping Margins
The estimated dumping margins are as follows:
Bosnia and Herzegovina
------------------------------------------------------------------------
Estimated
dumping
Exporter/producer margin
(percent)
------------------------------------------------------------------------
General Toys Co., Limited................................... * 217.38
Mirisan D.O.O............................................... * 217.38
Noctis D.O.O................................................ * 217.38
All Others.................................................. 217.38
------------------------------------------------------------------------
* Rate based on facts available with adverse inferences.
Bulgaria
------------------------------------------------------------------------
Estimated
dumping
Exporter/producer 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.
Burma
------------------------------------------------------------------------
Estimated
dumping
Exporter/producer margin
(percent)
------------------------------------------------------------------------
Glory Home Myanmar Limited.................................. * 181.71
Glory (Hong Kong) Business Limited.......................... * 181.71
All Others.................................................. 181.71
------------------------------------------------------------------------
* Rate based on facts available with adverse inferences.
Italy
------------------------------------------------------------------------
Estimated
dumping
Exporter/producer 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.
---------------------------------------------------------------------------
\7\ Commerce determined that the following companies are a
single entity: Maxiflex Philippines Corp.; Multiflex RNC
Philippines, Inc.; Multimax Industries Corporation; and Polyfoam-RGC
International Corporation. See Philippines Preliminary Determination
and accompanying Preliminary Decision Memorandum.
The Philippines
------------------------------------------------------------------------
Estimated
dumping
Exporter/producer margin
(percent)
------------------------------------------------------------------------
Maxiflex Philippines Corp./Polyfoam-RGC International * 538.23
Corporation/Multiflex RNC Philippines, Inc./Multimax
Industries Corporation \7\.................................
All Others.................................................. 538.23
------------------------------------------------------------------------
* Rate based on facts available with adverse inferences.
Poland
------------------------------------------------------------------------
Estimated
dumping
Exporter/producer margin
(percent)
------------------------------------------------------------------------
COM40 SP. Z O.O. SP. K...................................... * 330.71
CORRECT-K BLASZCZYK I WSPOLNICY SPOLKA...................... * 330.71
ARJOHUNTLEIGH AB............................................ * 330.71
COM FORTY LIMITED SP........................................ * 330.71
All Others.................................................. 330.71
------------------------------------------------------------------------
* Rate based on facts available with adverse inferences.
Slovenia
------------------------------------------------------------------------
Estimated
dumping
Exporter/producer margin
(percent)
------------------------------------------------------------------------
Noctis D.O.O................................................ * 744.81
Stokke AS................................................... * 744.81
BBCC Int. D.O.O............................................. * 744.81
Mirisan D.O.O............................................... * 744.81
All Others.................................................. 744.81
------------------------------------------------------------------------
* Rate based on facts available with adverse inferences.
Taiwan
------------------------------------------------------------------------
Estimated
dumping
Exporter/producer margin
(percent)
------------------------------------------------------------------------
Fuyue Mattresses Industry Co., Ltd.......................... * 624.50
Yong Yi Cheng Co., Ltd...................................... * 624.50
Star Seeds Co., ltd......................................... * 624.50
All Others.................................................. 624.50
------------------------------------------------------------------------
* Rate based on facts available with adverse inferences.
Establishment of the Annual Inquiry Service Lists
On September 20, 2021, Commerce published the final rule titled
``Regulations to Improve Administration and Enforcement of Antidumping
and Countervailing Duty Laws'' in the Federal Register.\8\ On September
27, 2021, Commerce also published the notice titled ``Scope Ruling
Application; Annual Inquiry Service List; and Informational Sessions''
in the Federal Register.\9\ The Final Rule and Procedural Guidance
provide that Commerce will maintain an annual inquiry service list for
each order or suspended investigation, and any interested party
submitting a scope ruling application or request for circumvention
inquiry shall serve a copy of the application or request on the persons
on the annual inquiry service list for that order, as well as any
companion order covering the same merchandise from the same country of
origin.\10\
---------------------------------------------------------------------------
\8\ See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20,
2021) (Final Rule).
\9\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\10\ Id.
---------------------------------------------------------------------------
In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the
notice of the order. Each annual inquiry service list will be saved in
ACCESS, under each case number, and under a specific segment type
called ``AISL-Annual Inquiry Service List.'' \11\
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\11\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
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Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of publication of the order. For ease of
administration, Commerce requests that law firms with more than one
attorney representing interested parties in an order designate a lead
attorney to be included on the annual inquiry service list. Commerce
will finalize the annual inquiry service list within five business days
thereafter. As mentioned in the
[[Page 56854]]
Procedural Guidance, the new annual inquiry service list will be in
place until the following year, when the Opportunity Notice for the
anniversary month of the order is published.
Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website at https://access.trade.gov.
Special Instructions for Petitioners and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \12\ Accordingly, as stated
above, the petitioners and foreign governments should submit their
initial entry of appearance after publication of this notice in order
to appear in the first annual inquiry service list for those orders for
which they qualify as an interested party. Pursuant to 19 CFR
351.225(n)(3), the petitioners and foreign governments will not need to
resubmit their entries of appearance each year to continue to be
included on the annual inquiry service list. However, the petitioners
and foreign governments are responsible for making amendments to their
entries of appearance during the annual update to the annual inquiry
service list in accordance with the procedures described above.
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\12\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties
This notice constitutes the antidumping duty orders with respect to
mattresses from Bosnia and Herzegovina, Bulgaria, Burma, Italy, the
Philippines, Poland, Slovenia, and Taiwan pursuant to section 736(a) of
the Act. Interested parties can find a list of antidumping duty orders
currently in effect at https://www.trade.gov/data-visualization/adcvd-proceedings.
These antidumping duty orders are published in accordance with
section 736(a) of the Act and 19 CFR 351.211(b).
Dated: July 5, 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 Orders
The products covered by these orders are all types of youth and
adult mattresses. The term ``mattress'' denotes an assembly of
materials that at a minimum includes a ``core,'' which provides the
main support system of the mattress, and may consist of
innersprings, foam, other resilient filling, or a combination of
these materials. Mattresses also may contain: (1) ``upholstery,''
the material between the core and the top panel of the ticking on a
single-sided mattress, or between the core and the top and bottom
panel of the ticking on a double-sided mattress; and/or (2)
``ticking,'' the outermost layer of fabric or other material (e.g.,
vinyl) that encloses the core and any upholstery, also known as a
cover.
The scope of these orders is restricted to only ``adult
mattresses'' and ``youth mattresses.'' ``Adult mattresses'' are
frequently described as ``twin,'' ``extra-long twin,'' ``full,''
``queen,'' ``king,'' or ``California king'' mattresses. ``Youth
mattresses'' are typically described as ``crib,'' ``toddler,'' or
``youth'' mattresses. All adult and youth mattresses are included
regardless of size and size description or how they are described
(e.g., frameless futon mattress and tri-fold mattress).
The scope encompasses all types of ``innerspring mattresses,''
``non-innerspring mattresses,'' and ``hybrid mattresses.''
``Innerspring mattresses'' contain innersprings, a series of metal
springs joined together in sizes that correspond to the dimensions
of mattresses. Mattresses that contain innersprings are referred to
as ``innerspring mattresses'' or ``hybrid mattresses.'' ``Hybrid
mattresses'' contain two or more support systems as the core, such
as layers of both memory foam and innerspring units.
``Non-innerspring mattresses'' are those that do not contain any
innerspring units. They are generally produced from foams (e.g.,
polyurethane, memory (viscoelastic), latex foam, gel infused
viscoelastic (gel foam), thermobonded polyester, polyethylene) or
other resilient filling.
Mattresses covered by the scope of these orders may be imported
independently, as part of furniture or furniture mechanisms (e.g.,
convertible sofa bed mattresses, sofa bed mattresses imported with
sofa bed mechanisms, corner group mattresses, day-bed mattresses,
roll-away bed mattresses, high risers, trundle bed mattresses, crib
mattresses), or as part of a set (in combination with a ``mattress
foundation''). ``Mattress foundations'' are any base or support for
a mattress. Mattress foundations are commonly referred to as
``foundations,'' ``boxsprings,'' ``platforms,'' and/or ``bases.''
Bases can be static, foldable, or adjustable. Only the mattress is
covered by the scope if imported as part of furniture, with
furniture mechanisms, or as part of a set, in combination with a
mattress foundation.
Excluded from the scope of these orders are ``futon''
mattresses. A ``futon'' is a bi-fold frame made of wood, metal, or
plastic material, or any combination thereof, that functions as both
seating furniture (such as a couch, love seat, or sofa) and a bed. A
``futon mattress'' is a tufted mattress, where the top covering is
secured to the bottom with thread that goes completely through the
mattress from the top through to the bottom, and it does not contain
innersprings or foam. A futon mattress is both the bed and seating
surface for the futon. Also excluded from the scope are airbeds
(including inflatable mattresses) and waterbeds, which consist of
air- or liquid-filled bladders as the core or main support system of
the mattress.
Also excluded is certain multifunctional furniture that is
convertible from seating to sleeping, regardless of filler material
or components, where such filler material or components are
upholstered, integrated into the design and construction of, and
inseparable from, the furniture framing, and the outermost layer of
the multifunctional furniture converts into the sleeping surface.
Such furniture may, and without limitation, be commonly referred to
as ``convertible sofas,'' ``sofabeds,'' ``sofa chaise sleepers,''
``futons,'' ``ottoman sleepers,'' or a like description.
Also excluded from the scope of these orders are any products
covered by the existing antidumping duty orders on uncovered
innerspring units from the People's Republic of China, South Africa,
and the Socialist Republic of Vietnam. See Uncovered Innerspring
Units from the People's Republic of China, South Africa, and
Socialist Republic of Vietnam: Continuation of Antidumping Duty
Orders, 84 FR 55285 (October 16, 2019).
Also excluded from the scope of these orders are bassinet pads
with a nominal length of less than 39 inches, a nominal width of
less than 25 inches, and a nominal depth of less than 2 inches.
Additionally, also excluded from the scope of these orders 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
[[Page 56855]]
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 these orders are currently classifiable
under Harmonized Tariff Schedule of the United States (HTSUS)
subheadings: 9404.21.0010, 9404.21.0013, 9404.21.0095, 9404.29.1005,
9404.29.1013, 9404.29.1095, 9404.29.9085, 9404.29.9087, and
9404.29.9095. Products subject to these orders may also enter under
HTSUS subheadings: 9401.41.0000, 9401.49.0000, and 9401.99.9081.
Although the HTSUS subheadings are provided for convenience and
customs purposes, the written description of the merchandise subject
to these orders is dispositive.
[FR Doc. 2024-15261 Filed 7-10-24; 8:45 am]
BILLING CODE 3510-DS-P
