Notice2023-18164
Mattresses From Indonesia: Initiation of Countervailing Duty Investigation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 23, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 88 Issue 162 (Wednesday, August 23, 2023)</title>
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[Federal Register Volume 88, Number 162 (Wednesday, August 23, 2023)]
[Notices]
[Pages 57412-57416]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18164]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-560-839]
Mattresses From Indonesia: Initiation of Countervailing Duty
Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable August 17, 2023.
FOR FURTHER INFORMATION CONTACT: Natasia Harrison and Harrison
Tanchuck, AD/CVD Operations, Office VI, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1240
or (202) 482-7421, respectively.
SUPPLEMENTARY INFORMATION:
The Petition
On July 28, 2023, the U.S. Department of Commerce (Commerce)
received a countervailing duty (CVD) petition concerning imports of
mattresses from Indonesia filed in proper form on behalf of the
petitioners,\1\ U.S. producers of mattresses and certified unions that
represent workers engaged in the domestic production of mattresses.\2\
The CVD petition (the Petition) was accompanied by antidumping duty
(AD) petitions concerning imports of mattresses from Bosnia and
Herzegovina, Bulgaria, Burma, India, Italy, Kosovo, Mexico, the
Philippines, Poland, Slovenia, Spain, and Taiwan.\3\
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\1\ Brooklyn Bedding; Carpenter Co.; Corsicana Mattress Company;
Future Foam Inc.; FXI, Inc.; Kolcraft Enterprises Inc.; Leggett &
Platt, Incorporated; Serta Simmons Bedding Inc.; Southerland, Inc.;
Tempur Sealy International; the International Brotherhood of
Teamsters; and the United Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied Industrial and Service Workers
International Union (collectively, the petitioners).
\2\ See Petitioners' Letter, ``Mattresses from Bosnia and
Herzegovina, Bulgaria, Burma, India, Indonesia, Italy, Kosovo,
Mexico, Philippines, Poland, Slovenia, Spain, and Taiwan:
Antidumping and Countervailing Duty Petitions,'' dated July 28, 2023
(the Petition).
\3\ Id.
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On August 1, 2, and 8, 2023, Commerce requested supplemental
information pertaining to certain aspects of the Petition.\4\ On August
7 and 9, 2023, the petitioners filed timely responses to these requests
for additional information.\5\
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\4\ See Commerce's Letters, ``Petitions for the Imposition of
Antidumping Duties on Imports of Mattresses from Bosnia and
Herzegovina, Bulgaria, Burma, India, Italy, Kosovo, Mexico, the
Philippines, Poland, Slovenia, Spain, and Taiwan and Countervailing
Duties on Imports from Indonesia: Supplemental Questions,'' dated
August 1, 2023 (First General Issues Supplemental Questionnaire);
``Petition for the Imposition of Countervailing Duties on Imports of
Mattresses from Indonesia: Supplemental Questions,'' dated August 2,
2023; and ``Petitions for the Imposition of Antidumping Duties on
Imports of Mattresses from Bosnia and Herzegovina, Bulgaria, Burma,
India, Italy, Kosovo, Mexico, the Philippines, Slovenia, Spain, and
Taiwan and Countervailing Duties on Imports from Indonesia:
Supplemental Questions,'' dated August 8, 2023 (Second General
Issues Supplemental Questionnaire).
\5\ See Petitioners' Letters, ``Mattresses from Bosnia and
Herzegovina, Bulgaria, Burma, India, Indonesia, Italy, Kosovo,
Mexico, Philippines, Poland, Slovenia, Spain, and Taiwan: Responses
to Petition Supplemental Questionnaires,'' dated August 7, 2023
(General Issues 1SQR); ``Mattresses from Indonesia: Mattress
Petitioners' Response to the Department of Commerce's Supplemental
Questions,'' dated August 7, 2023; and ``Mattresses from Bosnia and
Herzegovina, Bulgaria, Burma, India, Italy, Kosovo, Mexico,
Philippines, Slovenia, Spain, and Taiwan: Responses to the
Department's Second General Issues Supplemental Questionnaire,''
dated August 9, 2023 (General Issues 2SQR).
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In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioners allege that the Government of
Indonesia (GOI) is providing countervailable subsidies, within the
meaning of sections 701 and 771(5) of the Act, to producers of
mattresses in Indonesia, and that such
[[Page 57413]]
imports are materially injuring, or threatening material injury to, the
domestic industry producing in the United States. Consistent with
section 702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged
programs on which we are initiating a CVD investigation, the Petition
is supported by information reasonably available to the petitioners.
Commerce finds that the petitioners filed the Petition on behalf of
the domestic industry because the petitioners are interested parties as
defined in sections 771(9)(C) and (D) of the Act.\6\ Commerce also
finds that the petitioners demonstrated sufficient industry support
with respect to the initiation of the requested CVD investigation.\7\
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\6\ See Petitions at Volume I (pages 6-8). Brooklyn Bedding LLC,
Carpenter Co., Corsicana Mattress Company, Future Foam, Inc., FXI,
Inc., Kolcraft Enterprises, Inc., Leggett & Platt, Incorporated,
Serta Simmons Bedding, LLC, Southerland, Inc., and Tempur Sealy
International are interested parties as defined in section 771(9)(C)
of the Act. The International Brotherhood of Teamsters and USW are
interested parties as defined in section 771(9)(D) of the Act.
\7\ See ``Determination of Industry Support for the Petitions''
section, infra.
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Period of Investigation
Because the Petition was filed on July 28, 2023, the period of
investigation (POI) for Indonesia is January 1, 2022, through December
31, 2022.\8\
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\8\ See 19 CFR 351.204(b)(2).
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Scope of the Investigation
The products covered by this investigation are mattresses from
Indonesia. For a full description of the scope of this investigation,
see the appendix to this notice.
Comments on Scope of the Investigation
On August 1 and 8, 2023, Commerce requested further information and
clarification from the petitioners regarding the proposed scope to
ensure that the scope language in the Petition is an accurate
reflection of the products for which the domestic industry is seeking
relief.\9\ On August 7 and 9, 2023, the petitioners revised the
scope.\10\ The description of merchandise covered by this
investigation, as described in the appendix to this notice, reflects
these clarifications.
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\9\ See First General Issues Supplemental Questionnaire at 3-4;
see also Second General Issues Supplemental Questionnaire at 3.
\10\ See General Issues 1SQR at 4 and Exhibit 3; see also
General Issues 2SQR at 1 and Exhibit 2.
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As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for parties to raise issues regarding product
coverage (i.e., scope).\11\ Commerce will consider all scope comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determination. If scope comments include factual information, all such
factual information should be limited to public information.\12\ To
facilitate preparation of its questionnaires, Commerce requests that
scope comments be submitted by 5:00 p.m. Eastern Time (ET) on September
6, 2023, which is 20 calendar days from the signature date of this
notice. Any rebuttal comments, which may include factual information,
must be filed by 5:00 p.m. ET on September 18, 2023, which is the next
business day after 10 calendar days from the initial comment
deadline.\13\
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\11\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997) (Preamble); see also 19 CFR 351.312.
\12\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\13\ See 19 CFR 351.303(b)(1) (``For both electronically filed
and manually filed documents, if the applicable due date falls on a
non-business day, the Secretary will accept documents that are filed
on the next business day.''). The initial deadline for rebuttal
comments falls on September 16, 2023, which is a Saturday.
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Commerce requests that any factual information that the parties
consider relevant to the scope of the investigation be submitted during
that time period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigation may be relevant, the party may contact Commerce and
request permission to submit the additional information. All scope
comments must also be filed on the record of each of the concurrent AD
and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\14\ An electronically-filed document must be received
successfully in its entirety by the time and date it is due.\15\
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\14\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014), for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at <a href="https://access.trade.gov/help.aspx">https://access.trade.gov/help.aspx</a> and a handbook
can be found at <a href="https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf">https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf</a>.
\15\ See 19 CFR 351.303(b)(1).
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Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified the GOI of the receipt of the Petition and provided it an
opportunity for consultations with respect to the Petition.\16\
Commerce held consultations with the GOI on August 15, 2023.\17\
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\16\ See Commerce's Letter, ``Invitation for Consultations to
Discuss the Countervailing Duty Petition,'' dated July 28, 2023.
\17\ See Memorandum, ``Consultations with Officials from the
Government of Indonesia,'' dated August 16, 2023.
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Determination of Industry Support for the Petition
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission (ITC),
which is responsible for determining whether ``the domestic industry''
has been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\18\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product,
[[Page 57414]]
such differences do not render the decision of either agency contrary
to law.\19\
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\18\ See section 771(10) of the Act.
\19\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioners do not
offer a definition of the domestic like product distinct from the scope
of the investigation.\20\ Based on our analysis of the information
submitted on the record, we have determined that mattresses, as defined
in the scope, constitute a single domestic like product, and we have
analyzed industry support in terms of that domestic like product.\21\
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\20\ See Petition at Volume I (pages I-19 through I-23); see
also General Issues 1SQR at 2 and Exhibit 1.
\21\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Indonesia CVD Initiation Checklist at Attachment II, Analysis of
Industry Support for the Antidumping and Countervailing Duty
Petitions Covering Mattresses from Bosnia and Herzegovina, Bulgaria,
Burma, India, Indonesia, Italy, Kosovo, Mexico, the Philippines,
Poland, Slovenia, Spain, and Taiwan (Attachment II).
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In determining whether the petitioners have standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' in the appendix to
this notice. To establish industry support, the petitioners provided
the total 2022 shipments of the domestic like product for the
supporters of the Petition, and compared this to the estimated total
2022 shipments of the domestic like product for the entire domestic
industry.\22\ Because total industry production data for the domestic
like product for 2022 are not reasonably available to the petitioners,
and the petitioners have established that shipments are a reasonable
proxy for production data,\23\ we have relied on the data provided by
the petitioners for purposes of measuring industry support.\24\
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\22\ See Petition at Volume I (pages I-7 through I-8 and Exhibit
I-6); see also General Issues 1SQR at 5-7 and Exhibits 4-8; and
General Issues 2SQR at 2-3 and Exhibits 3-5.
\23\ See Petition at Volume I (pages I-7 through I-8 and Exhibit
I-6); see also General Issues 1SQR at 5-6.
\24\ See Petition at Volume I (pages I-7 through I-8 and Exhibit
I-6); see also General Issues 1SQR at 5-7 and Exhibits 4-8; and
General Issues 2SQR at 2-3 and Exhibits 3-5.
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Our review of the data provided in the Petition, the General Issues
1SQR, the General Issues 2SQR, and other information readily available
to Commerce indicates that the petitioners have established industry
support for the Petition.\25\ First, the Petition established support
from domestic producers (or workers) accounting for more than 50
percent of the total production of the domestic like product and, as
such, Commerce is not required to take further action in order to
evaluate industry support (e.g., polling).\26\ Second, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 702(c)(4)(A)(i) of the Act, because the domestic
producers (or workers) who support the Petition account for at least 25
percent of the total production of the domestic like product.\27\
Finally, the domestic producers (or workers) have met the statutory
criteria for industry support under section 702(c)(4)(A)(ii) of the Act
because the domestic producers (or workers) who support the Petition
account for more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the Petition.\28\ Accordingly, Commerce
determines that the Petition was filed on behalf of the domestic
industry within the meaning of section 702(b)(1) of the Act.\29\
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\25\ See Attachment II of the Indonesia CVD Initiation
Checklist.
\26\ Id.; see also section 702(c)(4)(D) of the Act.
\27\ See Attachment II of the Indonesia CVD Initiation
Checklist.
\28\ Id.
\29\ Id.
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Injury Test
Because Indonesia is a ``Subsidies Agreement Country'' within the
meaning of section 701(b) of the Act, section 701(a)(2) of the Act
applies to this investigation. Accordingly, the ITC must determine
whether imports of the subject merchandise from Indonesia materially
injure, or threaten material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioners allege that imports of the subject merchandise are
benefitting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioners
allege that subject imports exceed the negligibility threshold provided
for under section 771(24)(A) of the Act.\30\
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\30\ See Petition at Volume I (page I-24 and Exhibit I-12).
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The petitioners contend that the industry's injured condition is
illustrated by a significant and increasing volume of subject imports;
declining market share; underselling and price suppression; lost sales
and revenues; and adverse impact on the domestic industry's operations,
capacity utilization, production, commercial shipment volumes,
employment variables, and financial performance.\31\ We have assessed
the allegations and supporting evidence regarding material injury,
threat of material injury, and causation, and we have determined that
these allegations are properly supported by adequate evidence, and meet
the statutory requirements for initiation.\32\
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\31\ Id. at Volume I (pages I-24 through I-52 and Exhibits I-2
through I-5 and I-9 through I-16); see also General Issues 1SQR at
2, 7 and Exhibit 1.
\32\ See Indonesia CVD Initiation Checklist at Attachment III,
Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Mattresses from Bosnia and Herzegovina, Bulgaria, Burma,
India, Indonesia Italy, Kosovo, Mexico, Philippines, Poland,
Slovenia, Spain, and Taiwan.
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Initiation of CVD Investigation
Based upon the examination of the Petition and supplemental
responses, we find that they meet the requirements of section 702 of
the Act. Therefore, we are initiating a CVD investigation to determine
whether imports of mattresses from Indonesia benefit from
countervailable subsidies conferred by the GOI. In accordance with
section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless
postponed, we will make our preliminary determination no later than 65
days after the date of this initiation. Based on our review of the
Petition, we find that there is sufficient information to initiate a
CVD investigation on five of the nine programs alleged by the
petitioner. For a full discussion of the basis for our decision to
initiate an investigation of each program, see the Indonesia CVD
Initiation Checklist. A public version of the initiation checklist for
this investigation is available on ACCESS.
Respondent Selection
The petitioners identified 24 companies in Indonesia as producers
and/or exporters of mattresses.\33\ Commerce intends to follow its
standard
[[Page 57415]]
practice in CVD investigations and calculate company-specific subsidy
rates in this investigation. In the event that Commerce determines that
the number of companies is large, and it cannot individually examine
each company based upon Commerce's resources, where appropriate,
Commerce intends to select mandatory respondents based on U.S. Customs
and Border Protection (CBP) data for U.S. imports of mattresses from
Indonesia during the POI under the appropriate Harmonized Tariff
Schedule of the United States subheadings listed in the ``Scope of the
Investigation'' in the appendix.
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\33\ See Petition at Volume I (Exhibit I-10).
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On August 11, 2023, Commerce released CBP data on U.S. imports of
mattresses from Indonesia under administrative protective order (APO)
to all parties with access to information protected by APO and
indicated that interested parties wishing to comment on the CBP data
and/or respondent selection must do so within three business days after
the publication date of the notice of initiation of this
investigation.\34\ Comments must be filed electronically using ACCESS.
An electronically-filed document must be received successfully in its
entirety via ACCESS by 5:00 p.m. ET on the specified deadline. Commerce
will not accept rebuttal comments regarding the CBP data or respondent
selection.
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\34\ See Memorandum, ``Release of U.S. Customs and Border
Protection Data,'' dated August 11, 2023.
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Distribution of Copies of the Petition
In accordance with section 702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition has been
provided to the GOI via ACCESS. Furthermore, to the extent practicable,
Commerce will attempt to provide a copy of the public version of the
Petition to each exporter named in the Petition, as provided under 19
CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its initiation, as required by
section 702(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports of mattresses from Indonesia are materially
injuring, or threatening material injury to, a U.S. industry.\35\ A
negative ITC determination will result in the investigation being
terminated.\36\ Otherwise, this CVD investigation will proceed
according to statutory and regulatory time limits.
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\35\ See section 703(a)(1) of the Act.
\36\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \37\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\38\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in this investigation.
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\37\ See 19 CFR 351.301(b).
\38\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301.\39\ For submissions that are
due from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, Commerce may elect to specify a different
time limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, Commerce will inform parties in a letter or memorandum of the
deadline (including a specified time) by which extension requests must
be filed to be considered timely. An extension request must be made in
a separate, stand-alone submission; Commerce will grant untimely filed
requests for the extension of time limits only in limited cases where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning factual
information prior to submitting factual information in this
investigation.\40\
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\39\ See 19 CFR 351.302.
\40\ See 19 CFR 301; see also Extension of Time Limits; Final
Rule, 78 FR 57790 (September 20, 2013), available at <a href="https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm">https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm</a>.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\41\
Parties must use the certification formats provided in 19 CFR
351.303(g).\42\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\41\ See section 782(b) of the Act.
\42\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at
<a href="https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf">https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf</a>.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
administrative protective order in accordance with 19 CFR 351.305.
Parties wishing to participate in this investigation should ensure that
they meet the requirements of 19 CFR 351.103(d) (e.g., by filing the
required letters of appearance). Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\43\
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\43\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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This notice is issued and published pursuant to sections 702 and
777(i) of the Act, and 19 CFR 351.203(c).
Dated: August 17, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigation
The products covered by this investigation are all types of
youth and adult mattresses. The term ``mattress'' denotes an
assembly of materials that at a minimum includes a ``core,'' which
provides the main support system of the mattress, and may consist of
innersprings, foam, other resilient filling, or a combination of
these materials. Mattresses also may contain: (1) ``upholstery,''
the
[[Page 57416]]
material between the core and the top panel of the ticking on a
single-sided mattress, or between the core and the top and bottom
panel of the ticking on a double-sided mattress; and/or (2)
``ticking,'' the outermost layer of fabric or other material (e.g.,
vinyl) that encloses the core and any upholstery, also known as a
cover.
The scope of this investigation is restricted to only ``adult
mattresses'' and ``youth mattresses.'' ``Adult mattresses'' are
frequently described as ``twin,'' ``extra-long twin,'' ``full,''
``queen,'' ``king,'' or ``California king'' mattresses. ``Youth
mattresses'' are typically described as ``crib,'' ``toddler,'' or
``youth'' mattresses. All adult and youth mattresses are included
regardless of size and size description or how they are described
(e.g., frameless futon mattress and tri-fold mattress).
The scope encompasses all types of ``innerspring mattresses,''
``non-innerspring mattresses,'' and ``hybrid mattresses.''
``Innerspring mattresses'' contain innersprings, a series of metal
springs joined together in sizes that correspond to the dimensions
of mattresses. Mattresses that contain innersprings are referred to
as ``innerspring mattresses'' or ``hybrid mattresses.'' ``Hybrid
mattresses'' contain two or more support systems as the core, such
as layers of both memory foam and innerspring units.
``Non-innerspring mattresses'' are those that do not contain any
innerspring units. They are generally produced from foams (e.g.,
polyurethane, memory (viscoelastic), latex foam, gel infused
viscoelastic (gel foam), thermobonded polyester, polyethylene) or
other resilient filling.
Mattresses covered by the scope of this investigation may be
imported independently, as part of furniture or furniture mechanisms
(e.g., convertible sofa bed mattresses, sofa bed mattresses imported
with sofa bed mechanisms, corner group mattresses, day-bed
mattresses, roll-away bed mattresses, high risers, trundle bed
mattresses, crib mattresses), or as part of a set (in combination
with a ``mattress foundation''). ``Mattress foundations'' are any
base or support for a mattress. Mattress foundations are commonly
referred to as ``foundations,'' ``boxsprings,'' ``platforms,'' and/
or ``bases.'' Bases can be static, foldable, or adjustable. Only the
mattress is covered by the scope if imported as part of furniture,
with furniture mechanisms, or as part of a set, in combination with
a mattress foundation.
Excluded from the scope of this investigation are ``futon''
mattresses. A ``futon'' is a bi-fold frame made of wood, metal, or
plastic material, or any combination thereof, that functions as both
seating furniture (such as a couch, love seat, or sofa) and a bed. A
``futon mattress'' is a tufted mattress, where the top covering is
secured to the bottom with thread that goes completely through the
mattress from the top through to the bottom, and it does not contain
innersprings or foam. A futon mattress is both the bed and seating
surface for the futon.
Also excluded from the scope are airbeds (including inflatable
mattresses) and waterbeds, which consist of air- or liquid-filled
bladders as the core or main support system of the mattress.
Also excluded is certain multifunctional furniture that is
convertible from seating to sleeping, regardless of filler material
or components, where such filler material or components are
upholstered, integrated into the design and construction of, and
inseparable from, the furniture framing, and the outermost layer of
the multifunctional furniture converts into the sleeping surface.
Such furniture may, and without limitation, be commonly referred to
as ``convertible sofas,'' ``sofabeds,'' ``sofa chaise sleepers,''
``futons,'' ``ottoman sleepers,'' or a like description.
Also excluded from the scope of this investigation are any
products covered by the existing antidumping duty orders on
uncovered innerspring units from the People's Republic of China,
South Africa, and the Socialist Republic of Vietnam. See Uncovered
Innerspring Units from the People's Republic of China, South Africa,
and Socialist Republic of Vietnam: Continuation of Antidumping Duty
Orders, 84 FR 55285 (October 16, 2019).
Also excluded from the scope of this investigation are bassinet
pads with a nominal length of less than 39 inches, a nominal width
of less than 25 inches, and a nominal depth of less than 2 inches.
Additionally, also excluded from the scope of this investigation
are ``mattress toppers.'' A ``mattress topper'' is a removable
bedding accessory that supplements a mattress by providing an
additional layer that is placed on top of a mattress. Excluded
mattress toppers have a height of four inches or less.
The products subject to this investigation are currently
classifiable under Harmonized Tariff Schedule of the United States
(HTSUS) subheadings: 9404.21.0010, 9404.21.0013, 9404.21.0095,
9404.29.1005, 9404.29.1013, 9404.29.1095, 9404.29.9085,
9404.29.9087, and 9404.29.9095. Products subject to this
investigation may also enter under HTSUS subheadings: 9401.41.0000,
9401.49.0000, and 9401.99.9081. Although the HTSUS subheadings are
provided for convenience and customs purposes, the written
description of the merchandise subject to this investigation is
dispositive.
[FR Doc. 2023-18164 Filed 8-22-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on August 23, 2023.
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