Notice2024-06794
Mattresses From India: Amended Preliminary Determination of Less-Than-Fair-Value 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
April 1, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is amending its preliminary affirmative determination in the less-than-fair-value (LTFV) investigation of mattresses from India to correct for significant ministerial errors. The period of investigation (POI) is July 1, 2022, through June 30, 2023.
Full Text
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<title>Federal Register, Volume 89 Issue 63 (Monday, April 1, 2024)</title>
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[Federal Register Volume 89, Number 63 (Monday, April 1, 2024)]
[Notices]
[Pages 22382-22383]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-06794]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-919]
Mattresses From India: Amended Preliminary Determination of Less-
Than-Fair-Value Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is amending its
preliminary affirmative determination in the less-than-fair-value
(LTFV) investigation of mattresses from India to correct for
significant ministerial errors. The period of investigation (POI) is
July 1, 2022, through June 30, 2023.
DATES: Applicable April 1, 2024.
FOR FURTHER INFORMATION CONTACT: Paul Senoyuit, AD/CVD Operations,
Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6106.
SUPPLEMENTARY INFORMATION:
Background
On March 1, 2024, Commerce published in the Federal Register its
preliminary affirmative determination in the LTFV investigation of
mattresses from India.\1\ On March 4, 2024, mandatory respondent
Varahamurti Flexirub Industries Private Limited (VFI) and the
petitioners \2\ timely alleged that Commerce made significant
ministerial errors in calculating VFI's estimated weighted-average
dumping margin.\3\
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\1\ See Mattresses from India: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional Measures, 89 FR
15140 (March 1, 2024) (Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
\2\ The petitioners are Brooklyn Bedding LLC, Carpenter Company,
Corsicana Mattress Company, Future Foam, Inc., FXI, Inc., Kolcraft
Enterprises Inc., Leggett & Platt, Incorporated; Serta Simmons
Bedding, LLC, Southerland Inc.; Tempur Sealy International, Inc.,
the International Brotherhood of Teamsters, and United Steel, Paper
and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and
Service Workers International Union, AFL-CIO (collectively, the
petitioners).
\3\ See VFI's Letter, ``VFI Ministerial Error Comments for the
Preliminary Determination,'' dated March 4, 2024; see also
Petitioners' Letter, ``Mattress Petitioners' Ministerial Error
Comments,'' dated March 4, 2024.
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Scope of the Investigation
The products covered by this investigation are mattresses from
India. For a complete description of the scope of this investigation,
see the appendix.
Legal Framework
A ministerial error is defined as including ``errors in addition,
subtraction, or other arithmetic function, clerical error resulting
from inaccurate copying, duplication, or the like, and any other
similar type of unintentional error which {Commerce{time} considers
ministerial.'' \4\ A ministerial error is considered to be
``significant'' if its correction, either singly or in combination with
other errors, would result in: (1) a change of at least five absolute
percentage points in, but not less than 25 percent of, the weighted-
average dumping margin calculated in the preliminary determination; or
(2) a difference between a weighted-average dumping margin of zero (or
de minimis) and a weighted-average dumping margin of greater than de
minimis or vice versa.\5\ Pursuant to 19 CFR 351.224(e), Commerce
``will analyze any comments received and, if appropriate, correct any
significant ministerial error by amending the preliminary
determination.''
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\4\ See section 735(e) of the Tariff Act of 1930, as amended
(the Act); see also 19 CFR 351.224(f).
\5\ See 19 CFR 351.224(g).
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Analysis of Significant Ministerial Errors
In the Preliminary Determination, Commerce made significant
ministerial errors within the meaning of section 735(e) of the Act, and
19 CFR 351.224(f) and (g)(1) in calculating the estimated weighted-
average dumping margin for VFI. Accordingly, pursuant to 19 CFR
351.224(e), Commerce is amending its Preliminary Determination to
correct for these significant ministerial errors by revising the rates
for VFI (i.e., 14.05 percent) and the All-Other companies.\6\ For a
detailed discussion of the alleged ministerial errors, as well as
Commerce's analysis, see the Ministerial Error Memorandum.\7\
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\6\ See Preliminary Determination, 89 FR at 15141 (``the rate
calculated for VFI is also assigned as the rate for all other
producers and exporters'').
\7\ See Memorandum, ``Less-Than-Fair-Value Investigation of
Mattresses from India: Allegation of Ministerial Errors in the
Preliminary Determination,'' dated concurrently with this notice.
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Amended Preliminary Determination
As a result of correcting these significant ministerial errors,
Commerce determines the following weighted-average dumping margins
exist: \8\
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\8\ Commerce preliminarily determined that Varahamurti Flexirub
Industries Private Limited, Amore International, Durfi Retail
Private Limited and Springfit Marketing INC are a single entity. We
also preliminarily determined that International Comfort
Technologies Limited and Sheela Foam are a single entity. See
Preliminary Decision Memorandum.
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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International Comfort Technologies Private Limited...... * 42.76
Raj Mahal Fabrics....................................... * 42.76
Varahamurti Flexirub Industries Private Limited......... 14.05
All Others.............................................. 14.05
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* Adverse facts available.
Disclosure
We intend to disclose the calculations performed for this amended
preliminary determination to parties within five days after public
announcement of the amended preliminary determination in accordance
with 19 CFR 351.224(b).
Amended Cash Deposits and Suspension of Liquidation
The collection of cash deposits and suspension of liquidation will
be revised according to the rates calculated in this amended
preliminary determination, in accordance with section 733(d) of the
Act. Because the amended rates for VFI and all others result in
decreased cash deposits, they will be effective retroactively to March
1, 2024, the date of publication of the Preliminary Determination. We
will also instruct U.S. Customs and Border Protection (CBP) to issue
instructions for requesting a refund of the difference between the
amount of cash deposits paid as a result of the application of the
preliminary determination rates and the amount due as a result of the
amended preliminary determination rates.
U.S. International Trade Commission Notification
In accordance with section 733(f) of the Act, we will notify the
U.S. International Trade Commission of our amended preliminary
determination.
Notification to Interested Parties
This amended preliminary determination is issued and published
pursuant to sections 733(d) and 777(i) of the Act, and 19 CFR
351.224(e).
Dated: March 25, 2024.
Abdelali Elouaradia,
Deputy 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
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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 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. 2024-06794 Filed 3-29-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on April 1, 2024.
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