Notice2023-18165
Mattresses From Bosnia and Herzegovina, Bulgaria, Burma, India, Italy, Kosovo, Mexico, the Philippines, Poland, Slovenia, Spain, and Taiwan: Initiation of Less-Than-Fair-Value Investigations
Primary source
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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 57433-57438]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18165]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-893-002, A-487-001, A-546-001, A-533-919, A-475-845, A-803-001, A-
201-859, A-565-804, A-455-807, A-856-002, A-469-826, A-583-873]
Mattresses From Bosnia and Herzegovina, Bulgaria, Burma, India,
Italy, Kosovo, Mexico, the Philippines, Poland, Slovenia, Spain, and
Taiwan: Initiation of Less-Than-Fair-Value Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable August 17, 2023.
FOR FURTHER INFORMATION CONTACT: Amaris Wade (Bosnia and Herzegovina),
TJ Worthington (Bulgaria), Paul Gill (Burma), Steven Seifert (India),
Caroline Carroll (Italy), Sean Carey (Kosovo), Benjamin Blythe
(Mexico), Emily Halle (the Philippines), Dakota Potts (Poland),
Benjamin A. Luberda (Slovenia), Matthew Palmer (Spain), and Paul Gill
(Taiwan), AD/CVD Operations, Offices II, III, IV, V, VII, and IX,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-6334, (202) 482-4567, (202) 482-5673, (202)
482-3350, (202) 482-4948, (202) 482-3964, (202) 482-3457, (202) 482-
0176, (202) 482-0223, (202) 482-2185, (202) 482-1678, and (202) 482-
5673, respectively.
SUPPLEMENTARY INFORMATION:
The Petitions
On July 28, 2023, the U.S. Department of Commerce (Commerce)
received 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,
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\ These AD petitions were
accompanied by a countervailing duty (CVD) petition concerning imports
of mattresses from Indonesia.\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
(Petitions).
\3\ Id.
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On August 1, 8, and 9, 2023, Commerce requested supplemental
information pertaining to certain aspects of the Petitions.\4\
Additionally, on August 7, 9, and 10, 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, Slovenia, Spain, and Taiwan and Countervailing Duties
on Imports from Indonesia: Supplemental Questions,'' dated August 1,
2023 (General Issues Supplemental); Country-Specific Supplemental
Questionnaires: Bosnia Supplemental; Bulgaria Supplemental; Burma
Supplemental; Burma Supplemental; India Supplemental; Italy
Supplemental; Kosovo Supplemental; Mexico Supplemental; the
Philippines Supplemental; Slovenia Supplemental; Spain Supplemental;
and Taiwan Supplemental, dated August 1, 2023; ``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); see also Memoranda, ``Phone Call with Counsel to the
Petitioners,'' dated August 9, 2023.
\5\ See Petitioners' Letters, ``Mattresses from Bosnia and
Herzegovina, Bulgaria, Burma, India, Italy, Kosovo, Mexico,
Philippines, Slovenia, Spain, and Taiwan: Responses to Petition
Supplemental Questionnaires,'' dated August 7, 2023, at Volume I
(First General Issues Supplement) and Volume II (Country-Specific AD
Supplements); ``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 (Second General
Issues Supplement); ``Mattresses from Mexico: Mattress Petitioners'
Response to the Department of Commerce's Second Supplemental
Questionnaire,'' dated August 10, 2023; and ``Mattresses from India:
Mattress Petitioners' Response to the Department of Commerce's
Second Supplemental Questionnaire,'' dated August 10, 2023.
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[[Page 57434]]
In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioners allege that imports of mattresses
from Bosnia and Herzegovina, Bulgaria, Burma, India, Italy, Kosovo,
Mexico, the Philippines, Poland, Slovenia, Spain, and Taiwan are being,
or are likely to be, sold in the United States at less than fair value
(LTFV) within the meaning of section 731 of the Act, and that imports
of such products are materially injuring, or threatening material
injury to, the mattresses industry in the United States. Consistent
with section 732(b)(1) of the Act, the Petitions are accompanied by
information reasonably available to the petitioners supporting their
allegations.
Commerce finds that the petitioners filed the Petitions on behalf
of the domestic industry, because the petitioners are interested
parties, as defined in sections 771(9)(C) and (D) of the Act. Commerce
also finds that the petitioners demonstrated sufficient industry
support for the initiation of the requested AD investigations.\6\
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\6\ See the section on ``Industry Support for the Petitions,''
infra.
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Periods of Investigation
Because the Petitions were filed on July 28, 2023, pursuant to 19
CFR 351.204(b)(1), the periods of investigation (POI) for the Bosnia
and Herzegovina, Bulgaria, Burma, India, Italy, Kosovo, Mexico, the
Philippines, Poland, Slovenia, Spain, and Taiwan AD investigations are
July 1, 2022, through June 30, 2023.
Scope of the Investigations
The products covered by these investigations are mattresses from
Bosnia and Herzegovina, Bulgaria, Burma, India, Italy, Kosovo, Mexico,
the Philippines, Poland, Slovenia, Spain, and Taiwan. For a full
description of the scope of these investigations, see the appendix to
this notice.
Comments on the Scope of the Investigations
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 Petitions is an accurate
reflection of the products for which the domestic industry is seeking
relief.\7\ On August 7 and 9, 2023, the petitioners revised the
scope.\8\ The description of the merchandise covered by these
investigations, as described in the appendix to this notice, reflects
these clarifications.
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\7\ See General Issues Supplemental Questionnaire at 3-4; see
also Second General Issues Supplemental Questionnaire at 3.
\8\ See First General Issues Supplement at 4 and Exhibit 3; see
also Second General Issues Supplement at 1 and Exhibit 2.
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As discussed in the Preamble to Commerce's regulations, we are
setting aside a period of time for interested parties to raise issues
regarding product coverage (i.e., scope).\9\ Commerce will consider all
comments received from interested parties and, if necessary, will
consult with interested parties prior to the issuance of the
preliminary determinations. If scope comments include factual
information,\10\ all such factual information should be limited to
public information. To facilitate preparation of its questionnaires,
Commerce requests that all interested parties submit such comments 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.\11\
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\9\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997) (Preamble).
\10\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\11\ 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 parties
consider relevant to the scope of the investigations be submitted
during that period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigations may be relevant, the party may contact Commerce and
request permission to submit the additional information. All such
submissions must be filed simultaneously on the records of the
concurrent AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically using
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\12\ An electronically-filed document must be received
successfully in its entirety by the time and date it is due.\13\
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\12\ 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 help 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>.
\13\ See 19 CFR 351.303(b)(1).
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Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of mattresses to be
reported in response to Commerce's AD questionnaires. This information
will be used to identify the key physical characteristics of the
subject merchandise in order to report the relevant costs of production
(COP) accurately, as well as to develop appropriate product comparison
criteria where appropriate.
Subsequent to the publication of this notice, Commerce intends to
release a proposed list of physical characteristics and product-
comparison criteria, and interested parties may provide any information
or comments that they feel are relevant to the development of an
accurate list of physical characteristics. Specifically, they may
provide comments as to which characteristics are appropriate to use as:
(1) general product characteristics; and (2) product comparison
criteria. We note that it is not always appropriate to use all product
characteristics as product comparison criteria. We base product
comparison criteria on meaningful commercial differences among
products. In other words, although there may be some physical product
characteristics utilized by manufacturers to describe mattresses, it
may be that only a select few product characteristics take into account
commercially meaningful physical characteristics. In addition,
interested parties may comment on the order in which the physical
characteristics should be used in matching products. Generally,
Commerce attempts to list the most important physical characteristics
first and the least important characteristics last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, all product
characteristics comments must be filed by 5:00 p.m. ET on September 6,
2023, which is 20 calendar days from
[[Page 57435]]
the signature date of this notice. Any rebuttal comments must be filed
by 5:00 p.m. ET on September 18, 2023, which is the next business day
after ten calendar days from the initial comment deadline.\14\ All
comments and submissions to Commerce must be filed electronically using
ACCESS, as explained above, on the record of each of the AD
investigations.
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\14\ 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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Determination of Industry Support for the Petitions
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(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 732(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,\15\ 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, such differences
do not render the decision of either agency contrary to law.\16\
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\15\ See section 771(10) of the Act.
\16\ 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 investigations.\17\ 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.\18\
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\17\ See Petitions at Volume I (pages I-19 through I-23); see
also First General Issues Supplement at 2 and Exhibit 1.
\18\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Antidumping Duty Initiation Checklists: Mattresses from Bosnia
and Herzegovina, Bulgaria, Burma, India, Italy, Kosovo, Mexico, the
Philippines, Poland, Slovenia, Spain, and Taiwan, dated concurrently
with this notice (Country-Specific AD Initiation Checklists), 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).
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In determining whether the petitioners have standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' 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 Petitions, and compared this to the estimated total
shipments of the domestic like product for the entire domestic
industry.\19\ 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,\20\ we have relied on the data provided by
the petitioners for purposes of measuring industry support.\21\
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\19\ See Petitions at Volume I (pages I-7 through I-8 and
Exhibit I-6); see also First General Issues Supplement at 5-7 and
Exhibits 4-8; and Second General Issues Supplement at 2-3 and
Exhibits 3-5.
\20\ See Petitions at Volume I (pages I-7 through I-8 and
Exhibit I-6); see also First General Issues Supplement at 5-6.
\21\ See Petitions at Volume I (pages I-7 through I-8 and
Exhibit I-6); see also First General Issues Supplement at 5-7 and
Exhibits 4-8; and Second General Issues Supplement at 2-3 and
Exhibits 3-5.
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Our review of the data provided in the Petitions, the First General
Issues Supplement, the Second General Issues Supplement, and other
information readily available to Commerce indicates that the
petitioners have established industry support for the Petitions.\22\
First, the Petitions 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).\23\ Second, the domestic producers (or workers) have met the
statutory criteria for industry support under section 732(c)(4)(A)(i)
of the Act because the domestic producers (or workers) who support the
Petitions account for at least 25 percent of the total production of
the domestic like product.\24\ Finally, the domestic producers (or
workers) have met the statutory criteria for industry support under
section 732(c)(4)(A)(ii) of the Act, because the domestic producers (or
workers) who support the Petitions 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
Petitions.\25\ Accordingly, Commerce determines that the Petitions were
filed on behalf of the domestic industry within the meaning of section
732(b)(1) of the Act.\26\
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\22\ Id.
\23\ See Country-Specific AD Initiation Checklists at Attachment
II; see also section 732(c)(4)(D) of the Act.
\24\ See Country-Specific AD Initiation Checklists at Attachment
II.
\25\ Id.
\26\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioners allege that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, with regard to Burma, Kosovo,
Mexico, and Taiwan, the petitioners allege that
[[Page 57436]]
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\27\ With regard to Bosnia and
Herzegovina, Bulgaria, India, Italy, the Philippines, Poland, Slovenia,
and Spain, while the allegedly dumped imports from each of these
countries do not individually exceed the statutory requirements for
negligibility, the petitioners provided data demonstrating that the
aggregate import share from these eight countries is 12.30 percent,
which exceeds the seven percent threshold established by the exception
in section 771(24)(A)(ii) of the Act.\28\
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\27\ See Petitions at Volume I (pages I-24 through I-25 and
Exhibit I-12).
\28\ Id.
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The petitioners contend that the industry's injured condition is
illustrated by the 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.\29\ We
assessed the allegations and supporting evidence regarding material
injury, threat of material injury, causation, as well as negligibility,
and we have determined that these allegations are properly supported by
adequate evidence and meet the statutory requirements for
initiation.\30\
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\29\ See Petitions at Volume I (pages I-24 through I-52 and
Exhibits I-1 through I-5 and I-9 through I-16); see also First
General Issues Supplement at 7 and Exhibit 1.
\30\ See Country-Specific AD Initiation Checklists 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, the Philippines, Poland,
Slovenia, Spain, and Taiwan).
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate AD investigations of
imports of mattresses from Bosnia and Herzegovina, Bulgaria, Burma,
India, Italy, Kosovo, Mexico, the Philippines, Poland, Slovenia, Spain,
and Taiwan. The sources of data for the deductions and adjustments
relating to U.S. price and normal value (NV) are discussed in greater
detail in the Country-Specific AD Initiation Checklists.
U.S. Price
For Bosnia and Herzegovina, Bulgaria, Burma, India, Italy, Kosovo,
Mexico, the Philippines, Poland, Slovenia, Spain, and Taiwan, the
petitioners based export price (EP) on POI average unit values (AUVs)
derived from official U.S. import statistics for imports of mattresses
produced in and exported from each country.\31\ The petitioners did not
make any adjustments to U.S. price to calculate a net ex-factory U.S.
price.\32\
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\31\ See Country-Specific AD Initiation Checklists.
\32\ Id.
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Normal Value <SUP>33</SUP>
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\33\ In accordance with section 773(b)(2) of the Act, for these
investigations, Commerce will request information necessary to
calculate the constructed value and COP to determine whether there
are reasonable grounds to believe or suspect that sales of the
foreign like product have been made at prices that represent less
than the COP of the product.
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For Bosnia and Herzegovina, Bulgaria, Burma, India, Italy, Kosovo,
Mexico, the Philippines, Poland, Slovenia, Spain, and Taiwan, the
petitioners based NV on home market prices obtained through market
research for mattresses produced in and sold, or offered for sale, in
each country during the applicable time period.\34\ The petitioners
made certain adjustments to home market price to calculate a net ex-
factory home market price, where appropriate.\35\
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\34\ See Country-Specific AD Initiation Checklists.
\35\ Id.
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Fair Value Comparisons
Based on the data provided by the petitioners, there is reason to
believe that imports of mattresses from Bosnia and Herzegovina,
Bulgaria, Burma, India, Italy, Kosovo, Mexico, the Philippines, Poland,
Slovenia, Spain, and Taiwan, are being, or are likely to be, sold in
the United States at LTFV. Based on comparisons of EP to NV in
accordance with sections 772 and 773 of the Act, the estimated dumping
margins for mattresses for each of the countries covered by this
initiation are as follows: (1) Bosnia and Herzegovina--217.38 percent;
(2) Bulgaria--106.27 percent; (3) Burma--181.71 percent; (4) India--
42.76 percent; (5) Italy--257.06 percent; (6) Kosovo--654.67 percent,
(7) Mexico--61.97 percent; (8) the Philippines--538.23 percent; (9)
Poland--330.71 percent; (10) Slovenia--744.81 percent; (11) Spain--
280.28 percent; and (12) Taiwan--624.50 percent.\36\
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\36\ Id. for details of the calculations.
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Initiation of LTFV Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating AD investigations to determine
whether imports of mattresses from Bosnia and Herzegovina, Bulgaria,
Burma, India, Italy, Kosovo, Mexico, the Philippines, Poland, Slovenia,
Spain, and Taiwan are being, or are likely to be, sold in the United
States at LTFV. In accordance with section 733(b)(1)(A) of the Act and
19 CFR 351.205(b)(1), unless postponed, we will make our preliminary
determinations no later than 140 days after the date of these
initiations.
Respondent Selection
In the Petitions, the petitioners identified four companies in
Bosnia and Herzegovina, eight companies in Bulgaria, four companies in
Burma, 39 companies in India, 39 companies in Italy, three companies in
Kosovo, 36 companies in Mexico, nine companies in the Philippines, 19
companies in Poland, six companies in Slovenia, 24 companies in Spain,
and 98 companies in Taiwan as producers/exporters of mattresses.\37\
Following standard practice in AD investigations involving market
economy countries, in the event Commerce determines that the number of
exporters or producers is large such that Commerce cannot individually
examine each company based on its resources, where appropriate,
Commerce intends to select mandatory respondents in these cases based
on U.S. Customs and Border Protection (CBP) data for U.S. imports under
the appropriate Harmonized Tariff Schedule of the United States
subheadings listed in the ``Scope of the Investigations,'' in the
appendix.
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\37\ See First General Issues Supplement at 2-4 and Exhibit 2.
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On August 14, 2023, Commerce released CBP data on imports of
mattresses from Bosnia and Herzegovina, Bulgaria, Burma, India, Italy,
Kosovo, Mexico, the Philippines, Poland, Slovenia, Spain, and Taiwan
under administrative protective order (APO) to all parties with access
to information protected by APO and indicated that interested parties
wishing to comment on CBP data and/or respondent selection must do so
within three business days of the publication date of the notice of
initiation of these investigations.\38\ Comments must be
[[Page 57437]]
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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\38\ See Memoranda, ``Antidumping Duty Petition on Imports of
Mattresses from Bosnia and Herzegovina: Release of U.S. Customs and
Border Protection Data,'' dated August 14, 2023; ``Antidumping Duty
Petition on Imports of Mattresses from Bulgaria: Release of U.S.
Customs and Border Protection Data,'' dated August 14, 2023;
``Antidumping Duty Petition on Imports of Mattresses from Burma:
Release of U.S. Customs and Border Protection Data,'' dated August
14, 2023; ``Antidumping Duty Petition on Imports of Mattresses from
India: Release of U.S. Customs and Border Protection Data,'' dated
August 14, 2023; ``Antidumping Duty Petition on Imports of
Mattresses from Italy: Release of U.S. Customs and Border Protection
Data,'' dated August 14, 2023; ``Antidumping Duty Petition on
Imports of Mattresses from Kosovo: Release of U.S. Customs and
Border Protection Data,'' dated August 14, 2023. ``Antidumping Duty
Petition on Imports of Mattresses from Mexico: Release of U.S.
Customs and Border Protection Data,'' dated August 14, 2023;
``Antidumping Duty Petition on Imports of Mattresses from the
Philippines: Release of U.S. Customs and Border Protection Data,''
dated August 14, 2023; ``Antidumping Duty Petition on Imports of
Mattresses from Poland: Release of U.S. Customs and Border
Protection Data,'' dated August 14, 2023; ``Antidumping Duty
Petition on Imports of Mattresses from Slovenia: Release of U.S.
Customs and Border Protection Data,'' dated August 14, 2023;
``Antidumping Duty Petition on Imports of Mattresses from Spain:
Release of U.S. Customs and Border Protection Data,'' dated August
14, 2023; and ``Antidumping Duty Petition on Imports of Mattresses
from Taiwan: Release of U.S. Customs and Border Protection Data,''
dated August 14, 2023.
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Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on Commerce's website at <a href="https://access.trade.gov/Resources/Administrative_Protective_Order.aspx">https://access.trade.gov/Resources/Administrative_Protective_Order.aspx</a>.
Distribution of Copies of the Petitions
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the Petitions have been
provided to the governments of Bosnia and Herzegovina, Bulgaria, Burma,
India, Italy, Kosovo, Mexico, the Philippines, Poland, Slovenia, Spain,
and Taiwan via ACCESS. To the extent practicable, we will attempt to
provide a copy of the public version of the AD Petitions to each
exporter named in the Petitions, as provided under 19 CFR
351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its initiation, as required by
section 732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions were filed, whether there is a reasonable
indication that imports of mattresses from Bosnia and Herzegovina,
Bulgaria, Burma, India, Italy, Kosovo, Mexico, the Philippines, Poland,
Slovenia, Spain, and/or Taiwan, are materially injuring, or threatening
material injury to, a U.S. industry.\39\ A negative ITC determination
for any country will result in the investigation being terminated with
respect to that country.\40\ Otherwise, these AD investigations will
proceed according to statutory and regulatory time limits.
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\39\ See section 733(a) of the Act.
\40\ 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 \41\ 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.\42\ 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 these investigations.
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\41\ See 19 CFR 351.301(b).
\42\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation
Section 773(e) of the Act addresses the concept of particular
market situation (PMS) for purposes of CV, stating that ``if a
particular market situation exists such that the cost of materials and
fabrication or other processing of any kind does not accurately reflect
the cost of production in the ordinary course of trade, the
administering authority may use another calculation methodology under
this subtitle or any other calculation methodology.'' When an
interested party submits a PMS allegation pursuant to section 773(e) of
the Act, Commerce will respond to such a submission consistent with 19
CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists under section
773(e) of the Act, then it will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v),
sets a deadline for the submission of PMS allegations and supporting
factual information. However, in order to administer section 773(e) of
the Act, Commerce must receive PMS allegations and supporting factual
information with enough time to consider the submission. Thus, should
an interested party wish to submit a PMS allegation and supporting new
factual information pursuant to section 773(e) of the Act, it must do
so no later than 20 days after submission of a respondent's initial
response to section D of Commerce's AD questionnaire.
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. 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, standalone submission; under limited circumstances,
Commerce will grant untimely filed requests for the extension of time
limits, where we determine, based on 19 CFR 351.302, that extraordinary
circumstances exist. Parties should review Commerce's regulations
concerning the extension of time limits and the Time Limits Final Rule
prior to submitting factual information in these investigations.\43\
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\43\ See 19 CFR 351.302; see also, e.g., Extension of Time
Limits; Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits
Final Rule), 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.\44\
Parties must use the certification formats provided in 19 CFR
351.303(g).\45\ Commerce intends to
[[Page 57438]]
reject factual submissions if the submitting party does not comply with
the applicable certification requirements.
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\44\ See section 782(b) of the Act.
\45\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to
frequently asked questions regarding the Final Rule are 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
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in these investigations should ensure that they meet the requirements
of 19 CFR 351.103(d) (e.g., by filing the required letter of
appearance). Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\46\
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\46\ 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 732(c)(2)
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 Investigations
The products covered by these investigations 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 investigations 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 investigations 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 investigations 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 investigations 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 investigations 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
investigations 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 these investigations 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
investigations 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 investigations is
dispositive.
[FR Doc. 2023-18165 Filed 8-22-23; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on August 23, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.