Notice2024-15985
Mattresses From Kosovo: Final Affirmative Determination of Sales at Less-Than-Fair Value
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 22, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that imports of mattresses from Kosovo are being, or are likely to be, sold in the United States at less-than-fair value (LTFV). The period of investigation is July 1, 2022, through June 30, 2023.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 140 (Monday, July 22, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 140 (Monday, July 22, 2024)]
[Notices]
[Pages 59043-59045]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-15985]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-803-001]
Mattresses From Kosovo: Final Affirmative Determination of Sales
at Less-Than-Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
imports of mattresses from Kosovo are being, or are likely to be, sold
in the United States at less-than-fair value (LTFV). The period of
investigation is July 1, 2022, through June 30, 2023.
DATES: Applicable July 22, 2024.
FOR FURTHER INFORMATION CONTACT: Sean Carey, AD/CVD Operations, Office
VII, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-3964.
SUPPLEMENTARY INFORMATION:
Background
On March 1, 2024, Commerce published the preliminary determination
in this LTFV investigation of mattresses from Kosovo, in which we also
postponed the final determination until July 15, 2024.\1\ Commerce
invited interested parties to comment on the Preliminary
Determination.\2\
---------------------------------------------------------------------------
\1\ See Mattresses from Kosovo: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Preliminary
Postponement of Final Determination, and Extension of Provisional
Measures, 89 FR 15132 (March 1, 2024) (Preliminary Determination),
and accompanying Preliminary Decision Memorandum (PDM).
\2\ See Preliminary Determination, 89 FR at 15133.
---------------------------------------------------------------------------
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.\3\ 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>.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination of Sales at Less Than Fair Value in
the Investigation of Mattresses from Kosovo,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are mattresses from
Kosovo. 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.\4\ We received comments from parties on the Preliminary Scope
Decision Memorandum, which we address in the Final Scope Decision
Memorandum.\5\ We made certain changes to the scope of the
investigation from the scope published in the Preliminary
Determination, as noted in Appendix I.
---------------------------------------------------------------------------
\4\ 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 (Preliminary Scope
Decision Memorandum).
\5\ See Memorandum, ``Mattresses from Bosnia and Herzegovina,
Bulgaria, Burma, India, Indonesia, Italy, Kosovo, Mexico, the
Philippines, Poland, Slovenia, Spain, and Taiwan: Final Scope
Decision Memorandum,'' dated May 8, 2024 (Final Scope Decision
Memorandum).
---------------------------------------------------------------------------
Verification
Commerce conducted verification of the information relied upon in
making its final determination in this investigation, in accordance
with section 782(i) of the Tariff Act of 1930, as amended (the Act).
Specifically, Commerce conducted on-site verifications of the sales and
cost information submitted by Ventius International LLC (Ventius) for
use in our final determination. We used standard verification
procedures, including an examination of relevant sales and accounting
records and original source documents provided by Ventius.\6\
---------------------------------------------------------------------------
\6\ See Memoranda, ``Verification of the Cost Response of
Ventius International LLC in the Antidumping Duty Investigation of
Mattresses from Kosovo,'' dated May 7, 2024; ``Verification of the
Sales Response of Ventius International LLC and Bluechip
International LLC in the Antidumping Duty Investigation of
Mattresses from Kosovo,'' dated May 29, 2024; and ``Verification of
the CEP Sales Response of Adven Group LLC in the Antidumping Duty
Investigation of Mattresses from Kosovo,'' dated June 5, 2024.
---------------------------------------------------------------------------
Analysis of 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.
Changes Since the Preliminary Determination
We have made certain changes to the margin calculations for Ventius
since the Preliminary Determination. For a discussion of these changes,
see the Issues and Decision Memorandum.
Use of Adverse Facts Available (AFA)
As discussed in the Preliminary Determination, Commerce assigned to
the mandatory respondent in this investigation, Nisco Thailand Co.,
Ltd. (Nisco Thailand), an estimated weighted-average dumping margins on
the basis of AFA, pursuant to sections 776(a) and (b) of the Act.\7\
There is no new information on the record that would cause us to
revisit our decision in the Preliminary Determination. Accordingly, for
the reasons explained in the Preliminary Determination, and consistent
with Commerce's practice, as AFA, we based the AFA rate for Nisco
Thailand on the highest non-aberrational individual transaction-
specific margin calculated for Ventius of 344.70 percent.\8\
---------------------------------------------------------------------------
\7\ See Preliminary Determination, 89 FR at 15132, 15133.
\8\ Id., PDM at 7.
---------------------------------------------------------------------------
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and/or
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.
Commerce calculated an individual estimated weighted-average
dumping margin for Ventius. As a result, because we have calculated
only one margin and that margin is not zero, de minimis, or based
entirely on facts otherwise available, the estimated weighted-average
dumping margin calculated for
[[Page 59044]]
Ventius is the margin assigned to all other producers and exporters,
pursuant to section 735(c)(5)(A) of the Act.
Final Determination
The final estimated weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Ventius International LLC............................... 63.66
Nisco Thailand Co., Ltd................................. * 344.70
All Others.............................................. 63.66
------------------------------------------------------------------------
* Rate based on facts available with adverse inferences.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this final determination within five
days of any public announcement, or if there is no public announcement,
within five days of the date of the publication of this notice in the
Federal Register, in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of subject merchandise as described in Appendix I
of this notice, which were entered, or withdrawn from warehouse, for
consumption, on or after March 1, 2024, the date of publication of the
Preliminary Determination in the Federal Register.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), upon the publication of this notice, we will instruct CBP
to require a cash deposit for estimated antidumping duties for such
entries as follows: (1) the cash deposit rate for the respondent listed
in the table above is the company-specific estimated weighted-average
dumping margin listed for the respondent in the table; (2) if the
exporter is not the respondent listed in the table above, but the
producer is, then the cash deposit rate is the company-specific
estimated weighted-average dumping margin listed for the producer of
the subject merchandise in the table above; and (3) the cash deposit
rate for all other producers and exporters is the all-others estimated
weighted-average dumping margin listed in the table above. 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, Commerce will notify
the U.S. International Trade Commission (ITC) of its 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 Kosovo no later than 45 days
after this final determination. If the ITC determines that such injury
does not exist, this proceeding will be terminated, 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 in the ``Continuation of Suspension of
Liquidation'' section above.
Administrative Protective Order
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). 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 violation
subject to sanction.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i) of the Act, and 19 CFR 351.210(c).
Dated: July 15, 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 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
[[Page 59045]]
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.
Also excluded from the scope are the following hospital and
patient care setting surfaces. Products that fall within the below
categories and meet all of 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 diecut 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 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
polyurethanecoated 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 FDAadministered 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 polyurethanecoated 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 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.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary Determination
IV. Discussion of the Issues
Comment 1: Home Market Viability
Comment 2: Reported Corrections at Verification and Use of Facts
Available
V. Recommendation
[FR Doc. 2024-15985 Filed 7-19-24; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on July 22, 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.