Notice2024-10565
Mattresses From Italy: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances
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
May 15, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that mattresses from Italy are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is July 01, 2022, through June 30, 2023.
Full Text
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<title>Federal Register, Volume 89 Issue 95 (Wednesday, May 15, 2024)</title>
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[Federal Register Volume 89, Number 95 (Wednesday, May 15, 2024)]
[Notices]
[Pages 42429-42432]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-10565]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-845]
Mattresses From Italy: Final Affirmative Determination of Sales
at Less Than Fair Value and Final Affirmative Determination of Critical
Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
mattresses from Italy are being, or are likely to be, sold in the
United States at less than fair value (LTFV). The period of
investigation (POI) is July 01, 2022, through June 30, 2023.
DATES: Applicable May 15, 2024.
FOR FURTHER INFORMATION CONTACT: Adam Simons or Caroline Carroll, AD/
CVD Operations, Office IX, Enforcement and Compliance, International
Trade Administration, U.S. Department of
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Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-6172 or (202) 482-4948, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 1, 2024, Commerce published in the Federal Register its
preliminary affirmative determination in the LTFV investigation of
mattresses from Italy and we invited interested parties to comment.\1\
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\1\ See Mattresses from Italy: Preliminary Affirmative
Determination of Sales at Less Than Fair Value and Preliminary
Affirmative Determination of Critical Circumstances, 89 FR 15143
(March 1, 2024) (Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
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A summary of the events that occurred since Commerce published the
Preliminary Determination, as well as a full discussion of the issues
raised by parties for this final determination, may be found in the
Issues and Decision Memorandum.\2\ The Issues and Decision Memorandum
is a public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
<a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the Issues
and Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Mattresses from Italy,'' dated concurrently with,
and hereby adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Investigation
The product covered by this investigation are mattresses from
Italy. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
During the course of this investigation, Commerce received scope
comments from parties. Commerce issued a Preliminary Scope Decision
Memorandum to address these comments and set aside a period of time for
parties to address scope issues in scope-specific case and rebuttal
briefs.\3\ We received comments from the interested parties on the
Preliminary Scope Decision Memorandum, which we address in the Final
Scope Decision Memorandum.\4\ We made changes to the scope of the
investigation from the scope published in the Preliminary
Determination, as noted in Appendix I.
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\3\ See Memorandum, ``Mattresses from Bosnia and Herzegovina,
Bulgaria, Burma, India, Indonesia, Italy, Kosovo, Mexico,
Philippines, Poland, Slovenia, Spain, and Taiwan: Preliminary Scope
Decision Memorandum,'' dated February 23, 2024.
\4\ See Memorandum, ``Mattresses from Bosnia and Herzegovina,
Bulgaria, Burma, India, Indonesia, Italy, Kosovo, Mexico,
Philippines, Poland, Slovenia, Spain, and Taiwan: Final Scope
Decision Memorandum,'' dated concurrently with this notice.
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Analysis of the Comments Received
All issues raised in the case and rebuttal briefs submitted by
interested parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of the issues addressed in the Issues
and Decision Memorandum is attached to this notice as Appendix II.
Final Affirmative Determination of Critical Circumstances
We continue to find that critical circumstances exist with respect
to imports of mattresses from Italy for the mandatory respondents,
Alessanderx S.p.A (Alessanderx), Gruppo Buoninfante Industriale S.r.L.
(Buoninfante), Silver Prince S.r.L. (Silver Prince), and all other
producers and exporters of subject merchandise, pursuant to section
735(a)(3) of the Tariff Act of 1930, as amended (the Act), and 19 CFR
351.206.\5\
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\5\ See Preliminary Determination PDM at 19-22.
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Use of Adverse Facts Available (AFA)
As discussed in the Issues and Decision Memorandum, we continue to
assign to the mandatory respondents in this investigation, Alessanderx,
Buoninfante, and Silver Prince, estimated weighted-average dumping
margins on the basis of AFA, pursuant to sections 776(a) and (b) of
Act.\6\
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\6\ Id., 89 FR at 15144.
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All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and exporters
not individually investigated shall be equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated excluding rates that
are zero, de minimis, or determined entirely under section 776 of the
Act.
In the Preliminary Determination, we assigned a dumping margin of
257.06 percent as the all-others rate based on the only calculated rate
in the petition, pursuant to section 735(c)(5)(B) of the Act.\7\ We
received no comments on our Preliminary Determination regarding this
issue; thus, we continue to assign a dumping margin of 257.06 percent
as the all-others rate for this final determination.
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\7\ Id.
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Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist for the period, July 1, 2022, through June 30,
2023:
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Estimated
weighted-
average
Producer or exporter dumping
margin
(percent)
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Alessanderx SpA............................................. * 257.06
Gruppo Buoninfante Industriale S.P.A........................ * 257.06
Silver Prince S.R.L......................................... * 257.06
All Others.................................................. 257.06
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* Rate based on facts available with adverse inferences.
Disclosure
Normally, Commerce will disclose to the parties in a proceeding the
calculations performed in connection with a final determination of
review within five days of any public announcement or, if there is no
public announcement, within five days of the date of publication of the
notice of final determination in the Federal Register, in accordance
with 19 CFR 351.224(b). However, because we have made no changes from
the Preliminary Determination, there are no new calculations to
disclose.
Continuation of Suspension of Liquidation
In accordance with section 735(c)(4) of the Act, because Commerce
continues to find that critical circumstances exist for Alessanderx,
Buoninfante, Silver Prince, and all other producers and/or exporters,
we will instruct U.S. Customs and Border Protection (CBP) to continue
to suspend liquidation of all entries of subject merchandise, as
described in Appendix I to this notice, which were entered, or
withdrawn from warehouse for consumption on or after December 2, 2023,
which is 90 days before the publication of the Preliminary
Determination in the Federal Register, at the cash deposit rate
indicated above.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), Commerce will instruct CBP to require a cash deposit equal
to the estimated weighted-average dumping margin or the estimated all
others rate as follows: (1) the cash deposit rate for the respondents
listed above will be equal to the company-specific estimated weighted-
average dumping margin
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determined in this final determination; (2) if the exporter is not a
respondent identified above but the producer is, then the cash deposit
rate will be equal to the company-specific estimated weighted-average
dumping margin established for that producer of the subject
merchandise; and (3) the cash deposit rate for all other producers and
exporters will be equal to the all-others estimated weighted-average
dumping margin. These suspension of liquidation instructions will
remain in effect until further notice.
U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
U.S. International Trade Commission (ITC) of the final affirmative
determination of sales at LTFV. Because Commerce's final determination
is affirmative, in accordance with section 735(b)(2) of the Act, the
ITC will make its final determination as to whether the domestic
industry in the United States is materially injured, or threatened with
material injury, by reason of imports or sales (or the likelihood of
sales) for importation of mattresses from Italy no later than 45 days
after this final determination. If the ITC determines that such injury
does not exist, this proceeding will be terminated, and all cash
deposits posted will be refunded and suspension of liquidation will be
lifted. If the ITC determines that such injury does exist, Commerce
will issue an antidumping duty order directing CBP to assess, upon
further instruction by Commerce, antidumping duties on all imports of
the subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation, as discussed above in the ``Continuation of Suspension of
Liquidation'' section.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return or
destruction of APO materials, or conversion to judicial protective
order, is hereby requested. Failure to comply with the regulations and
the terms of an APO is a sanctionable violation.
Notification of Interested Parties
This final determination and notice are issued and published in
accordance with sections 735(d) and 777(i) of the Act, and 19 CFR
351.210(c).
Dated: May 8, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
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 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.
Also excluded from the scope are the following hospital and
patient care setting surfaces. Products that fall within the below
categories and meet all the exclusion factors in the respective
category qualify for such exclusion, regardless of whether they may
be referenced as a mattress.
Air Surfaces with all of the following characteristics: with the
foot end comprised of either die-cut construction foam or air
bladders to allow extension and retraction of
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the surface; enclosed in a fluid-resistant polyurethane-coated
ticking with a zipper; with welded seams on the ticking, which are
two or more layers of coated material thermally fused together with
a permanent bond; with the core including air bladders, with or
without foam inside; with a unique device identifier label for
medical devices issued by an FDA-accredited agency and listed in the
FDA-administered Global Unique Device Identification Database.
Stretcher Surfaces with all of the following characteristics:
with a nominal thickness of 5 inches or less; with the foam core
width tapered at one end; enclosed in a fluid-resistant
polyurethane-coated ticking with a zipper; with welded seams on the
ticking, which are two or more layers of coated material thermally
fused together with a permanent bond; with the exterior of the
ticking containing a welded flap to cover the ticking zipper; with
loop velcro attached to the ticking to allow for the stretcher
surface to be firmly affixed to the stretcher; with a unique device
identifier label for medical devices issued by an FDA-accredited
agency and listed in the FDA-administered Global Unique Device
Identification Database.
Birthing Bed Surfaces with all of the following characteristics:
with a nominal thickness of 5 inches or less; with a foam core in
two pieces that have either a V-shaped cutout or U-Shaped cutout;
enclosed in a fluid-resistant polyurethane-coated ticking with a
zipper; with welded seams on the ticking, which are two or more
layers of coated material thermally fused together with a permanent
bond; with attachment fasteners extending from the bottom of the
surface comprised of snaps or plastic hook(s); with a unique device
identifier label for medical devices issued by an FDA-accredited
agency and listed in the FDA-administered Global Unique Device
Identification Database.
Foam Surfaces with all the following characteristics: with a
nominal thickness of 6.5 inches or less; with a foam core that has
articulation lines cut into the foam and/or die-cut construction in
a portion of the foam to allow movement of the surface; enclosed in
a fluid-resistant polyurethane-coated ticking with a zipper; with
the ticking made of material meeting ASTM F1671B-07 requirements for
porosity and ISO 10993 requirements for biocompatibility; with
welded seams on the ticking, which are two or more layers of coated
material thermally fused together with a permanent bond; with
brackets or attachment knobs embedded in the surface core to allow
the surface to be firmly affixed to the hospital bed frame; with a
unique device identifier label for medical devices issued by an FDA-
accredited agency and listed in the FDA-administered Global Unique
Device Identification Database, where the label includes the
manufacturer's name and address as well as the product's name, date
of manufacture, serial number, and Global Trade Identification
Number (GTIN).
The products subject to 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.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Discussion of the Issues
Comment 1: Whether Commerce Should Apply Adverse Facts Available
(AFA) to Buoninfante
IV. Recommendation
[FR Doc. 2024-10565 Filed 5-14-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on May 15, 2024.
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