Notice2024-04774
Mattresses From Bosnia and Herzegovina, Bulgaria, Burma, India, Indonesia, Italy, Kosovo, Mexico, Philippines, Poland, Slovenia, Spain, and Taiwan; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations.
Primary source
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Published
March 6, 2024
Issuing agencies
International Trade Commission
Abstract
The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-693 and 731-TA-1629-1640 (Final) pursuant to the Tariff Act of 1930 ("the Act") to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of mattresses, provided for in subheadings 9404.21.00, 9404.29.10, and 9404.29.90 of the Harmonized Tariff Schedule of the United States, from Bosnia and Herzegovina, Bulgaria, Burma, India, Italy, Kosovo, Mexico, Philippines, Poland, Slovenia, Spain, and Taiwan preliminarily determined by the Department of Commerce ("Commerce") to be sold at less than fair value and imports of mattresses from Indonesia for which Commerce has preliminarily determined that countervailable subsidies are not being provided by the Government of Indonesia to producers and exporters of mattresses from Indonesia.
Full Text
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<title>Federal Register, Volume 89 Issue 45 (Wednesday, March 6, 2024)</title>
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[Federal Register Volume 89, Number 45 (Wednesday, March 6, 2024)]
[Notices]
[Pages 16026-16027]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-04774]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-693 and 731-TA-1629-1640 (Final)]
Mattresses From Bosnia and Herzegovina, Bulgaria, Burma, India,
Indonesia, Italy, Kosovo, Mexico, Philippines, Poland, Slovenia, Spain,
and Taiwan; Scheduling of the Final Phase of Countervailing Duty and
Antidumping Duty Investigations.
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping and countervailing duty investigation Nos.
701-TA-693 and 731-TA-1629-1640 (Final) pursuant to the Tariff Act of
1930 (``the Act'') to determine whether an industry in the United
States is materially injured or threatened with material injury, or the
establishment of an industry in the United States is materially
retarded, by reason of imports of mattresses, provided for in
subheadings 9404.21.00, 9404.29.10, and 9404.29.90 of the Harmonized
Tariff Schedule of the United States, from Bosnia and Herzegovina,
Bulgaria, Burma, India, Italy, Kosovo, Mexico, Philippines, Poland,
Slovenia, Spain, and Taiwan preliminarily determined by the Department
of Commerce (``Commerce'') to be sold at less than fair value and
imports of mattresses from Indonesia for which Commerce has
preliminarily determined that countervailable subsidies are not being
provided by the Government of Indonesia to producers and exporters of
mattresses from Indonesia.
DATES: March 1, 2024.
FOR FURTHER INFORMATION CONTACT: Mary Messer ((202) 205-3193), Office
of Investigations, U.S. International Trade Commission, 500 E Street
SW, Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
internet server (<a href="https://www.usitc.gov">https://www.usitc.gov</a>). The public record for these
investigations may be viewed on the Commission's electronic docket
(EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.
SUPPLEMENTARY INFORMATION:
Scope.--For purposes of these investigations, Commerce has defined
the subject merchandise as follows:
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.\1\
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\1\ For a complete definition of mattresses, including
exclusions and tariff treatment, see 89 FR 57-59, January 2, 2024,
and 89 FR 15121-15124, 15126-15134, 15136-15157, 15161-15164, March
1, 2024.
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Background.--The final phase of these investigations is being
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of a negative
preliminary determination by Commerce regarding whether certain
benefits which constitute subsidies within the meaning of Sec. 703 of
the Act (19 U.S.C. 1671b) are being provided to manufacturers,
producers, or exporters in Indonesia of mattresses, and affirmative
preliminary determinations by Commerce that such products imported from
Bosnia and Herzegovina, Bulgaria, Burma, India, Italy, Kosovo, Mexico,
Philippines, Poland, Slovenia, Spain, and Taiwan are being sold in the
United States at less than fair value within the meaning of Sec. 733
of the Act (19 U.S.C. 1673b). The investigations were requested in
petitions filed on July 28, 2023, on behalf of Brooklyn Bedding LLC,
Phoenix, Arizona; Carpenter Company, Richmond, Virginia; Corsicana
Mattress Company, Dallas, Texas; Future Foam, Inc., Council Bluffs,
Iowa; FXI, Inc., Radnor, Pennsylvania; Kolcraft Enterprises, Inc.,
Chicago, Illinois; Leggett & Platt, Incorporated, Carthage, Missouri;
Serta Simmons Bedding, Inc., Doraville, Georgia; Southerland Inc.,
Antioch, Tennessee; Tempur Sealy International, Inc., Lexington,
Kentucky; the International Brotherhood of Teamsters, Washington, DC;
and the United Steel, Paper and Forestry, Rubber, Manufacturing,
Energy, Allied Industrial and Service Workers International Union, AFL-
CIO, Washington, DC.
For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19
CFR part 207).
Although Commerce has preliminarily determined that countervailable
subsidies are not being provided by the Government of Indonesia to
producers and exporters of mattresses from Indonesia, for purposes of
efficiency the Commission hereby waives rule 207.21(b) \2\ so that the
final phase of the investigation may proceed concurrently in the event
that Commerce makes a final affirmative countervailing duty
determination with respect to such imports.
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\2\ Sec. 207.21(b) of the Commission's rules provides that,
where Commerce has issued a negative preliminary determination, the
Commission will publish a Final Phase Notice of Scheduling upon
receipt of an affirmative final determination from Commerce.
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Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in Sec. 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
Please note the Secretary's Office will accept only electronic
filings during this time. Filings must be made through the Commission's
Electronic Document Information System (EDIS, <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.)
No in-person paper-based filings or paper copies of any electronic
filings will be accepted until further notice.
[[Page 16027]]
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of these investigations
available to authorized applicants under the APO issued in the
investigations, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to the investigations. A party granted access
to BPI in the preliminary phase of the investigations need not reapply
for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record by 5:15
p.m. on April 26, 2024, and a public version will be issued thereafter,
pursuant to Sec. 207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on May 9,
2024. Requests to appear at the hearing should be filed in writing with
the Secretary to the Commission by 5:15 p.m. on May 3, 2024. Any
requests to appear as a witness via videoconference must be included
with your request to appear. Requests to appear via videoconference
must include a statement explaining why the witness cannot appear in
person; the Chairman, or other person designated to conduct the
investigations, may in their discretion for good cause shown, grant
such a request. Requests to appear as remote witness due to illness or
a positive COVID-19 test result may be submitted by 3 p.m. the business
day prior to the hearing. Further information about participation in
the hearing will be posted on the Commission's website at <a href="https://www.usitc.gov/calendarpad/calendar.html">https://www.usitc.gov/calendarpad/calendar.html</a>.
A nonparty who has testimony that may aid the Commission's
deliberations may request permission to present a short statement at
the hearing. All parties and nonparties desiring to appear at the
hearing and make oral presentations should attend a prehearing
conference, if deemed necessary, to be held at 9:30 a.m. on May 7,
2024. Parties shall file and serve written testimony and presentation
slides in connection with their presentation at the hearing by no later
than 4:00 p.m. on May 8, 2024. Oral testimony and written materials to
be submitted at the public hearing are governed by sections
201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. Parties
must submit any request to present a portion of their hearing testimony
in camera no later than 7 business days prior to the date of the
hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of Sec. 207.23 of the Commission's rules;
the deadline for filing is 5:15 p.m. on May 3, 2024. Parties shall also
file written testimony in connection with their presentation at the
hearing, and posthearing briefs, which must conform with the provisions
of Sec. 207.25 of the Commission's rules. The deadline for filing
posthearing briefs is 5:15 p.m. on May 16, 2024. In addition, any
person who has not entered an appearance as a party to the
investigations may submit a written statement of information pertinent
to the subject of the investigations, including statements of support
or opposition to the petitions, by 5:15 p.m. on May 16, 2024. On June
4, 2024, the Commission will make available to parties all information
on which they have not had an opportunity to comment. Parties may
submit final comments on this information by 5:15 p.m. on June 6, 2024,
but such final comments must not contain new factual information and
must otherwise comply with Sec. 207.30 of the Commission's rules. All
written submissions must conform with the provisions of Sec. 201.8 of
the Commission's rules; any submissions that contain BPI must also
conform with the requirements of Sec. Sec. 201.6, 207.3, and 207.7 of
the Commission's rules. The Commission's Handbook on Filing Procedures,
available on the Commission's website at <a href="https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf</a>, elaborates upon the
Commission's procedures with respect to filings.
Additional written submissions to the Commission, including
requests pursuant to Sec. 201.12 of the Commission's rules, shall not
be accepted unless good cause is shown for accepting such submissions,
or unless the submission is pursuant to a specific request by a
Commissioner or Commission staff.
In accordance with Sec. Sec. 201.16(c) and 207.3 of the
Commission's rules, each document filed by a party to the
investigations must be served on all other parties to the
investigations (as identified by either the public or BPI service
list), and a certificate of service must be timely filed. The Secretary
will not accept a document for filing without a certificate of service.
Authority: These investigations are being conducted under authority
of title VII of the Tariff Act of 1930; this notice is published
pursuant to Sec. 207.21 of the Commission's rules.
By order of the Commission.
Issued: March 1, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-04774 Filed 3-5-24; 8:45 am]
BILLING CODE 7020-02-P
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</html>Indexed from Federal Register on March 6, 2024.
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