Notice2024-15261
Mattresses From Bosnia and Herzegovina, Bulgaria, Burma, Italy, the Philippines, Poland, Slovenia, and Taiwan: Antidumping Duty Orders
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
July 11, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
Based on affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing antidumping duty orders on mattresses from Bosnia and Herzegovina, Bulgaria, Burma, Italy, the Philippines, Poland, Slovenia, and Taiwan.
Full Text
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<title>Federal Register, Volume 89 Issue 133 (Thursday, July 11, 2024)</title>
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[Federal Register Volume 89, Number 133 (Thursday, July 11, 2024)]
[Notices]
[Pages 56851-56855]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-15261]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-893-002, A-487-001, A-546-001, A-475-845, A-565-804, A-455-807, A-
856-002, A-583-873]
Mattresses From Bosnia and Herzegovina, Bulgaria, Burma, Italy,
the Philippines, Poland, Slovenia, and Taiwan: Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the U.S.
Department of Commerce (Commerce) and the U.S. International Trade
Commission (ITC), Commerce is issuing antidumping duty orders on
mattresses from Bosnia and Herzegovina, Bulgaria, Burma, Italy, the
Philippines, Poland, Slovenia, and Taiwan.
DATES: Applicable July 11, 2024.
FOR FURTHER INFORMATION CONTACT: Christopher Hargett (Bosnia and
Herzegovina); T.J. Worthington (Bulgaria); Adam Simons (Burma and
Taiwan); Adam Simons and Caroline Carroll (Italy); Sun Cho (the
Philippines); Dakota Potts (Poland); and Andrew Hart (Slovenia), AD/CVD
Operations, Offices II, III, IV, V, and IX Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
4161, (202) 482-4567, (202) 482-6172, (202) 482-4948, (202) 482-6458,
(202) 482-0223, or (202) 482-1058, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 15, 2024, Commerce published in the Federal Register its
affirmative final determinations in the less-than-fair-value (LTFV)
investigations of mattresses from Bosnia and Herzegovina, Bulgaria,
Burma, Italy, the Philippines, Poland, Slovenia, and Taiwan.\1\ On June
28, 2024, the ITC notified Commerce of its final determinations,
pursuant to section 735(d) of the Tariff Act of 1930, as amended (the
Act), that an industry in the United States is materially injured
within the meaning of section 735(b)(1)(A)(i) of the Act by reason of
LTFV imports of mattresses from Bosnia and Herzegovina, Bulgaria,
Burma, Italy, the Philippines, Poland, Slovenia, and Taiwan.\2\
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\1\ See Mattresses from Bosnia and Herzegovina: Final
Affirmative Determination of Sales at Less Than Fair Value and Final
Affirmative Determination of Critical Circumstances, 89 FR 42448
(May 15, 2024); Mattresses from Bulgaria: Final Affirmative
Determination of Sales at Less Than Fair Value, 89 FR 42443 (May 15,
2024); Mattresses from Burma: Final Affirmative Determination of
Sales at Less Than Fair Value and Final Affirmative Determination of
Critical Circumstances, 89 FR 42427 (May 15, 2024) (Burma Final
Determination); Mattresses from Italy: Final Affirmative
Determination of Sales at Less Than Fair Value and Final Affirmative
Determination of Critical Circumstances, 89 FR 42429 (May 15, 2024);
Mattresses from the Philippines: Final Affirmative Determination of
Sales at Less Than Fair Value and Final Affirmative Determination of
Critical Circumstances, 89 FR 42432 (May 15, 2024); Mattresses from
Poland: Final Affirmative Determination of Sales at Less Than Fair
Value, 89 FR 42435 (May 15, 2024); Mattresses from Slovenia: Final
Affirmative Determination of Sales at Less Than Fair Value, 89 FR
42437 (May 15, 2024); and Mattresses from Taiwan: Final Affirmative
Determination of Sales at Less Than Fair Value and Final Affirmative
Determination of Critical Circumstances, in Part, 89 FR 42439 (May
15, 2024).
\2\ See ITC's Letter, Investigation Nos. 731-TA-1629-1631, 1633,
1636-1638, and 1640 (Final), dated June 28, 2024.
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Scope of the Orders
The products covered by these orders are mattresses from Bosnia and
Herzegovina, Bulgaria, Burma, Italy, the Philippines, Poland, Slovenia,
and Taiwan. For a complete description of the scope of these orders,
see the appendix to this notice.
Antidumping Duty Orders
On July 5, 2024, in accordance with section 735(d) of the Act, the
ITC published in the Federal Register its final determinations in these
investigations, in which it found that an industry in the United States
is materially injured by reason of imports of mattresses from Bosnia
and Herzegovina, Bulgaria, Burma, Italy, the Philippines, Poland,
Slovenia, and Taiwan.\3\ Therefore, in accordance with sections
735(c)(2) and 736 of the Act, Commerce is issuing these antidumping
duty orders. Because the ITC determined that imports of mattresses from
Bosnia and Herzegovina, Bulgaria, Burma, Italy, the Philippines,
Poland, Slovenia, and Taiwan are materially injuring a U.S. industry,
unliquidated entries of such merchandise from Bosnia and Herzegovina,
Bulgaria, Burma, Italy, the Philippines, Poland, Slovenia, and Taiwan,
entered or withdrawn from warehouse for consumption, are subject to the
assessment of antidumping duties.
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\3\ See Mattresses from Bosnia and Herzegovina, Bulgaria, Burma,
Italy, Philippines, Poland, Slovenia, and Taiwan; Determinations, 89
FR 55657 (July 5, 2024).
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Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further
[[Page 56852]]
instruction by Commerce, antidumping duties equal to the amount by
which the normal value of the merchandise exceeds the export price (or
constructed export price) of the merchandise, for all relevant entries
of mattresses from Bosnia and Herzegovina, Bulgaria, Burma, Italy, the
Philippines, Poland, Slovenia, and Taiwan. With the exception of
entries occurring after the expiration of the provisional measures
period and before publication of the ITC's final affirmative injury
determinations, as further described below, antidumping duties will be
assessed on unliquidated entries of mattresses from Bosnia and
Herzegovina, Bulgaria, Italy, the Philippines, Poland, Slovenia, and
Taiwan entered, or withdrawn from warehouse, for consumption, on or
after March 1, 2024, the date of publication of the Preliminary
Determinations.\4\ As further described below, antidumping duties will
be assessed on unliquidated entries of mattresses from Burma entered,
or withdrawn from warehouse, for consumption, on or after December 2,
2023, which is 90 days prior to the date of publication of the Burma
Preliminary Determination.
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\4\ See Mattresses from Bosnia and Herzegovina: Preliminary
Affirmative Determination of Sales at Less Than Fair Value and
Preliminary Affirmative Determination of Critical Circumstances, 89
FR 15161 (March 1, 2024) (Bosnia and Herzegovina Preliminary
Determination); Mattresses from Bulgaria: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, 89 FR 15136 (March
1, 2024); Mattresses from Burma: Preliminary Affirmative
Determination of Sales at Less Than Fair Value and Preliminary
Affirmative Determination of Critical Circumstances, 89 FR 15149
(March 1, 2024) (Burma Preliminary Determination); 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) (Italy Preliminary
Determination); Mattresses from the Philippines: Preliminary
Affirmative Determination of Sales at Less Than Fair Value, and
Preliminary Affirmative Determination of Critical Circumstances, 89
FR 15146 (March 1, 2024) (Philippines Preliminary Determination);
Mattresses from Poland: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, 89 FR 15155 (March 1, 2024);
Mattresses from Slovenia: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, 89 FR 15121 (March 1, 2024) (Slovenia
Preliminary Determination); and Mattresses from Taiwan: Preliminary
Affirmative Determination of Sales at Less Than Fair Value and
Preliminary Affirmative Determination of Critical Circumstances, 89
FR 15129 (March 1, 2024) (Taiwan Preliminary Determination)
(collectively, Preliminary Determinations).
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Critical Circumstances
With respect to the ITC's negative critical circumstances
determination on imports of mattresses from Bosnia and Herzegovina,
Italy, the Philippines, and Taiwan, we will instruct CBP to lift
suspension and to refund any cash deposits made to secure the payment
of estimated antidumping duties with respect to entries of the subject
merchandise from Bosnia and Herzegovina, Italy, the Philippines, and
Taiwan entered, or withdrawn from warehouse, for consumption on or
after December 2, 2023 (i.e., 90 days prior to the date of the
publication of the Bosnia and Herzegovina Preliminary Determination,
Italy Preliminary Determination, Philippines Preliminary Determination,
and Taiwan Preliminary Determination), but before March 1, 2024 (i.e.,
the date of publication of the Preliminary Determinations).
Regarding Burma, the ITC found that critical circumstances exist
with respect to imports subject to Commerce's affirmative critical
circumstances finding within the meaning of section 735(b)(4)(A) of the
Act. As a result of Commerce's affirmative critical circumstances
determination under section 735(a)(3) of the Act, and the ITC's
affirmative critical circumstances determination under section
735(b)(4)(A) of the Act, retroactive duties will be applied to the
relevant imports for a period of 90 days prior to the suspension of
liquidation.\5\ Therefore, in accordance with section 736(a)(1) of the
Act, Commerce will direct CBP to assess, upon further instruction by
Commerce, antidumping duties equal to the amount by which the normal
value of the merchandise exceeds the export price (or constructed
export price) of the merchandise for all relevant entries of mattresses
from Burma. Antidumping duties will be assessed on unliquidated entries
of mattresses from Burma for Glory Home Myanmar Limited, Glory (Hong
Kong) Business Limited, and all other producers and exporters of
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after December 2, 2023, which is 90 days prior to the
date of publication of the Burma Preliminary Determination, in
accordance with the critical circumstances finding in the Burma Final
Determination. Antidumping duties will not be assessed on any entries
occurring after the expiration of the provisional measures period and
before publication of the ITC's final affirmative injury
determinations, as further described below.
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\5\ See section 735(c)(4) of the Act; see also Statement of
Administrative Action Accompanying the Uruguay Round Agreements Act,
H.R. Doc. 103-316, Vol. 1 (1994), at 876 (``If both agencies make
affirmative critical circumstances determinations in their final
investigations, retroactive duties will be applied for a period
ninety days prior to suspension of liquidation.'').
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Continuation of Suspension of Liquidation and Cash Deposits
Except as noted in the ``Provisional Measures'' section of this
notice, in accordance with section 736 of the Act, Commerce will
instruct CBP to continue to suspend liquidation on all relevant entries
of mattresses from Bosnia and Herzegovina, Bulgaria, Burma, Italy, the
Philippines, Poland, Slovenia, and Taiwan. These instructions
suspending liquidation will remain in effect until further notice.
Commerce will also instruct CBP to require cash deposits equal to
the estimated dumping margins indicated in the tables below.
Accordingly, effective on the date of publication in the Federal
Register of the notice of the ITC's final affirmative injury
determinations, CBP will require, at the same time as importers would
normally deposit estimated duties on subject merchandise, a cash
deposit equal to the rates listed below. The all-others rate applies to
all producers or exporters not specifically listed, as appropriate.
Provisional Measures
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
that Commerce extend the four-month period to no more than six months.
None of the exporters of mattresses requested Commerce to extend the
four-month period to six months in these investigations.
The provisional measures period, beginning on the date of
publication of the Preliminary Determinations, ended on June 28, 2024.
Therefore, in accordance with section 733(d) of the Act and our
practice,\6\ Commerce will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of mattresses from Bosnia and Herzegovina,
Bulgaria, Burma, Italy, the Philippines, Poland, Slovenia, and Taiwan
entered, or withdrawn from warehouse, for consumption after June 28,
2024, the final day on which the provisional measures were in effect,
until and through the day preceding the date of publication of the
ITC's final affirmative injury determinations in the
[[Page 56853]]
Federal Register. Suspension of liquidation and the collection of cash
deposits will resume on the date of publication of the ITC's final
determinations in the Federal Register.
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\6\ See, e.g., Certain Corrosion-Resistant Steel Products from
India, India, the People's Republic of China, the Republic of Korea
and Taiwan: Amended Final Affirmative Antidumping Determination for
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390, 48392
(July 25, 2016).
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Estimated Dumping Margins
The estimated dumping margins are as follows:
Bosnia and Herzegovina
------------------------------------------------------------------------
Estimated
dumping
Exporter/producer margin
(percent)
------------------------------------------------------------------------
General Toys Co., Limited................................... * 217.38
Mirisan D.O.O............................................... * 217.38
Noctis D.O.O................................................ * 217.38
All Others.................................................. 217.38
------------------------------------------------------------------------
* Rate based on facts available with adverse inferences.
Bulgaria
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Estimated
dumping
Exporter/producer margin
(percent)
------------------------------------------------------------------------
BRN Sleep Products.......................................... * 106.27
Fumeibai Industrial Co., Ltd................................ * 106.27
All Others.................................................. 106.27
------------------------------------------------------------------------
* Rate based on facts available with adverse inferences.
Burma
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Estimated
dumping
Exporter/producer margin
(percent)
------------------------------------------------------------------------
Glory Home Myanmar Limited.................................. * 181.71
Glory (Hong Kong) Business Limited.......................... * 181.71
All Others.................................................. 181.71
------------------------------------------------------------------------
* Rate based on facts available with adverse inferences.
Italy
------------------------------------------------------------------------
Estimated
dumping
Exporter/producer margin
(percent)
------------------------------------------------------------------------
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.
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\7\ Commerce determined that the following companies are a
single entity: Maxiflex Philippines Corp.; Multiflex RNC
Philippines, Inc.; Multimax Industries Corporation; and Polyfoam-RGC
International Corporation. See Philippines Preliminary Determination
and accompanying Preliminary Decision Memorandum.
The Philippines
------------------------------------------------------------------------
Estimated
dumping
Exporter/producer margin
(percent)
------------------------------------------------------------------------
Maxiflex Philippines Corp./Polyfoam-RGC International * 538.23
Corporation/Multiflex RNC Philippines, Inc./Multimax
Industries Corporation \7\.................................
All Others.................................................. 538.23
------------------------------------------------------------------------
* Rate based on facts available with adverse inferences.
Poland
------------------------------------------------------------------------
Estimated
dumping
Exporter/producer margin
(percent)
------------------------------------------------------------------------
COM40 SP. Z O.O. SP. K...................................... * 330.71
CORRECT-K BLASZCZYK I WSPOLNICY SPOLKA...................... * 330.71
ARJOHUNTLEIGH AB............................................ * 330.71
COM FORTY LIMITED SP........................................ * 330.71
All Others.................................................. 330.71
------------------------------------------------------------------------
* Rate based on facts available with adverse inferences.
Slovenia
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Estimated
dumping
Exporter/producer margin
(percent)
------------------------------------------------------------------------
Noctis D.O.O................................................ * 744.81
Stokke AS................................................... * 744.81
BBCC Int. D.O.O............................................. * 744.81
Mirisan D.O.O............................................... * 744.81
All Others.................................................. 744.81
------------------------------------------------------------------------
* Rate based on facts available with adverse inferences.
Taiwan
------------------------------------------------------------------------
Estimated
dumping
Exporter/producer margin
(percent)
------------------------------------------------------------------------
Fuyue Mattresses Industry Co., Ltd.......................... * 624.50
Yong Yi Cheng Co., Ltd...................................... * 624.50
Star Seeds Co., ltd......................................... * 624.50
All Others.................................................. 624.50
------------------------------------------------------------------------
* Rate based on facts available with adverse inferences.
Establishment of the Annual Inquiry Service Lists
On September 20, 2021, Commerce published the final rule titled
``Regulations to Improve Administration and Enforcement of Antidumping
and Countervailing Duty Laws'' in the Federal Register.\8\ On September
27, 2021, Commerce also published the notice titled ``Scope Ruling
Application; Annual Inquiry Service List; and Informational Sessions''
in the Federal Register.\9\ The Final Rule and Procedural Guidance
provide that Commerce will maintain an annual inquiry service list for
each order or suspended investigation, and any interested party
submitting a scope ruling application or request for circumvention
inquiry shall serve a copy of the application or request on the persons
on the annual inquiry service list for that order, as well as any
companion order covering the same merchandise from the same country of
origin.\10\
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\8\ See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20,
2021) (Final Rule).
\9\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\10\ Id.
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In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at <a href="https://access.trade.gov">https://access.trade.gov</a>, within five business days of publication of the
notice of the order. Each annual inquiry service list will be saved in
ACCESS, under each case number, and under a specific segment type
called ``AISL-Annual Inquiry Service List.'' \11\
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\11\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
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Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of publication of the order. For ease of
administration, Commerce requests that law firms with more than one
attorney representing interested parties in an order designate a lead
attorney to be included on the annual inquiry service list. Commerce
will finalize the annual inquiry service list within five business days
thereafter. As mentioned in the
[[Page 56854]]
Procedural Guidance, the new annual inquiry service list will be in
place until the following year, when the Opportunity Notice for the
anniversary month of the order is published.
Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website at <a href="https://access.trade.gov">https://access.trade.gov</a>.
Special Instructions for Petitioners and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \12\ Accordingly, as stated
above, the petitioners and foreign governments should submit their
initial entry of appearance after publication of this notice in order
to appear in the first annual inquiry service list for those orders for
which they qualify as an interested party. Pursuant to 19 CFR
351.225(n)(3), the petitioners and foreign governments will not need to
resubmit their entries of appearance each year to continue to be
included on the annual inquiry service list. However, the petitioners
and foreign governments are responsible for making amendments to their
entries of appearance during the annual update to the annual inquiry
service list in accordance with the procedures described above.
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\12\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties
This notice constitutes the antidumping duty orders with respect to
mattresses from Bosnia and Herzegovina, Bulgaria, Burma, Italy, the
Philippines, Poland, Slovenia, and Taiwan pursuant to section 736(a) of
the Act. Interested parties can find a list of antidumping duty orders
currently in effect at <a href="https://www.trade.gov/data-visualization/adcvd-proceedings">https://www.trade.gov/data-visualization/adcvd-proceedings</a>.
These antidumping duty orders are published in accordance with
section 736(a) of the Act and 19 CFR 351.211(b).
Dated: July 5, 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
Scope of the Orders
The products covered by these orders 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 orders 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 orders 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 orders 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 orders 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 orders 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 orders 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 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
[[Page 56855]]
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 these orders 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 orders 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 orders is dispositive.
[FR Doc. 2024-15261 Filed 7-10-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on July 11, 2024.
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.