Mattresses From India, Kosovo, Mexico, and Spain: Antidumping Duty Orders, 73357-73361 [2024-20346]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 89, Number 175 (Tuesday, September 10, 2024)]
[Notices]
[Pages 73357-73361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20346]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-919, A-803-001, A-201-859, A-469-826]


Mattresses From India, Kosovo, Mexico, and Spain: 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 India, Kosovo, Mexico, and Spain.

DATES: Applicable September 10, 2024.

[[Page 73358]]


FOR FURTHER INFORMATION CONTACT: Paul Senoyuit (India) at (202) 482-
6106, Sean Carey (Kosovo) at (202) 482-3964, Benjamin Blythe (Mexico) 
at (202) 482-3457, and Joy Zhang (Spain) at (202) 482-1168, AD/CVD 
Operations, Offices II, VII, IV, and III, respectively, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On July 22, 2024, Commerce published its affirmative final 
determinations in the less-than-fair-value (LTFV) investigations of 
mattresses from India, Kosovo, Mexico, and Spain in accordance with 
sections 735(d) and 777(i) of the Tariff Act of 1930, as amended (the 
Act).\1\ On August 28, 2024, the ITC notified Commerce of its final 
determinations, pursuant to section 735(d) of 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 India, Kosovo, Mexico, and Spain.\2\
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    \1\ See Mattresses from India: Final Affirmative Determination 
of Sales at Less Than Fair Value, 89 FR 59047 (July 22, 2024) (India 
Final Determination); see also Mattresses From Kosovo: Final 
Affirmative Determination of Sales at Less-Than-Fair Value, 89 FR 
59043 (July 22, 2024) (Kosovo Final Determination); Mattresses From 
Mexico: Final Affirmative Determination of Sales at Less-Than-Fair 
Value, 89 FR 59062 (July 22, 2024) (Mexico Final Determination); 
Mattresses from Mexico: Final Affirmative Determination of Sales at 
Less-Than-Fair Value; Correction, 89 FR 64877 (August 8, 2024); and 
Mattresses From Spain: Final Affirmative Determination of Sales at 
Less Than Fair Value, 89 FR 59059 (July 22, 2024) (Spain Final 
Determination) (collectively, Final Determinations).
    \2\ See ITC's Letter, Investigation No. 731-TA-1632, 1634, 1635, 
and 1639 (Final), dated August 28, 2024.
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Scope of the Orders

    The products covered by these orders are mattresses from India, 
Kosovo, Mexico, and Spain. For a complete description of the scope of 
these orders, see the appendix to this notice.

Antidumping Duty Orders

    Based on the above-referenced affirmative final determinations, in 
accordance with section 735(c)(2) and 736 of the Act, Commerce is 
issuing these AD orders. Because the ITC determined that imports of 
mattresses from India, Kosovo, Mexico and Spain are materially injuring 
a U.S. industry, unliquidated entries of such merchandise 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 instruction by Commerce, antidumping duty deposits 
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 India, Kosovo, 
Mexico, and Spain. 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 India, Kosovo, Mexico, and Spain, entered, or withdrawn 
from warehouse, for consumption, on or after March 1, 2024, the date of 
publication of the Preliminary Determinations.\3\ Because Commerce made 
final affirmative determinations of sales at LTFV, Commerce directed 
CBP to continue suspension of liquidation of mattresses from India, 
Kosovo, Mexico, and Spain entered or withdrawn from warehouse for 
consumption, on or after July 22, 2024, the date of publication of the 
Final Determinations.\4\
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    \3\ See Mattresses from India: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Postponement of 
Final Determination, and Extension of Provisional Measures, 89 FR 
15140 (March 1, 2024); see also Mattresses from Kosovo: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination, and Extension of Provisional 
Measures, 89 FR 15132 (March 1, 2024); Mattresses from Mexico: 
Preliminary Affirmative Determination of Sales at Less Than Fair 
Value, 89 FR 15152 (March 1, 2024); and Mattresses from Spain: 
Preliminary Affirmative Determination of Sales at Less Than Fair 
Value, Postponement of Final Determination, and Extension of 
Provisional Measures, 89 FR 15126 (March 1, 2024) (collectively, 
Preliminary Determinations).
    \4\ See India Final Determination; see also Kosovo Final 
Determination; Mexico Final Determination; and Spain Final 
Determination.
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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 India, Kosovo, Mexico, and Spain effective the date 
of the publication of the ITC Final Determination. These instructions 
suspending liquidation will remain in effect until further notice.
    Further, Commerce intends to instruct CBP to require cash deposits 
equal to the estimated weighted-average dumping margins indicated in 
the tables below. Accordingly, effective the date of publication in the 
Federal Register of the notice of the ITC's final affirmative injury 
determinations, CBP will suspend the entries of liquidation of entries 
of subject merchandise and require, at the same time as importers would 
normally deposit estimated duties on subject merchandise, a cash 
deposit equal to the rates listed in the table below. The relevant all-
others rate for each applicable country 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. 
At the request of exporters that account for a significant proportion 
of mattresses from India, Kosovo, Mexico, and Spain, Commerce extended 
the four-month period to six months in each of these investigations. 
Commerce published the Preliminary Determinations on March 1, 2024.\5\
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    \5\ Id.
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    The extended provisional measures period, beginning on the date of 
publication of the Preliminary Determinations, ended on August 27, 
2024. Therefore, in accordance with section 733(d) of the Act, Commerce 
intends to instruct CBP to terminate the suspension of liquidation and 
to liquidate, without regard to antidumping duties, unliquidated 
entries of mattresses from India, Kosovo, Mexico, and Spain entered or 
withdrawn from warehouse, for consumption after August 27, 2024, the 
final day on which the provisional measures were in effect, through the 
day preceding the date of publication of the ITC's final 
determinations. 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 Weighted-Average Dumping Margins

    The estimated weighted-average dumping margins are as published in 
Commerce's Final Determinations are as follows:

[[Page 73359]]



                                  India
------------------------------------------------------------------------
                                                       Weighted-average
                  Exporter/producer                     dumping margin
                                                           (percent)
------------------------------------------------------------------------
International Comfort Technologies Private Limited;              * 42.76
 Sheela Foam Limited................................
Raj Majal Fabrics...................................             * 42.76
Varahamurti Flexirub Industries Private Limited;                   13.35
 Amore International, Durfi Retail Private Limited;
 Springfit Marketing INC............................
All Others..........................................               13.35
------------------------------------------------------------------------
* Rate based on facts available with adverse inferences.


                                 Kosovo
------------------------------------------------------------------------
                                                       Weighted-average
                  Exporter/producer                     dumping margin
                                                           (percent)
------------------------------------------------------------------------
Ventius International LLC...........................               63.66
Nisco Thailand Co., Ltd.............................            * 344.70
All Others..........................................               63.66
------------------------------------------------------------------------
* Rate based on facts available with adverse inferences.


                                 Mexico
------------------------------------------------------------------------
                                                       Weighted-average
                  Exporter/producer                     dumping margin
                                                           (percent)
------------------------------------------------------------------------
Ureblock S.A. de C.V./Espumas de Oriente S.A. de C.V               37.59
GAIM Regiomontana S.A. de C.V.......................             * 61.97
Colchones Wendy S.A. de C.V.........................             * 61.97
All Others..........................................               37.59
------------------------------------------------------------------------
* Rate based on facts available with adverse inferences.


                                  Spain
------------------------------------------------------------------------
                                                       Weighted-average
                  Exporter/producer                     dumping margin
                                                           (percent)
------------------------------------------------------------------------
Healthcare Foam, S.L. Unipersonal/Comotex Sistemas                  4.61
 Del Descanso, S.L. Unipersonal.....................
Interplasp Fabrica de Espuma de Poliuretano.........            * 280.28
All Others..........................................                4.61
------------------------------------------------------------------------
* 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.\6\ On September 
27, 2021, Commerce also published the notice titled ``Scope Ruling 
Application; Annual Inquiry Service List; and Informational Sessions'' 
in the Federal Register.\7\ 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.\8\
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    \6\ See Regulations to Improve Administration and Enforcement of 
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20, 
2021) (Final Rule).
    \7\ See Scope Ruling Application; Annual Inquiry Service List; 
and Informational Sessions, 86 FR 53205 (September 27, 2021) 
(Procedural Guidance).
    \8\ Id.
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    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.'' \9\
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    \9\ 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 
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

[[Page 73360]]

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 Procedural Guidance,\10\ 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.
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    \10\ See Procedural Guidance, 86 FR at 53206.
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    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. 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.'' \11\ 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. 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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    \11\ 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 India, Kosovo, Mexico, and Spain pursuant to section 
736(a) of the Act and 19 CFR 351.211(b). Interested parties can find a 
list of antidumping duty orders currently in effect at https://www.trade.gov/data-visualization/adcvd-proceedings.

    Dated: September 4, 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 of 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

[[Page 73361]]

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 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 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 these orders is dispositive.

[FR Doc. 2024-20346 Filed 9-9-24; 8:45 am]
BILLING CODE 3510-DS-P