Mattresses From Poland: Preliminary Intent To Rescind Antidumping Duty Administrative Review; 2024-2025
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Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that CORRECT--K. B[lstrok]aszczyk i Wsp[oacute]lnicy Sp. K. (CORRECT) did not make a bona fide sale of mattresses from Poland during the period of review (POR) of July 1, 2024 through June 30, 2025. Therefore, Commerce preliminarily intends to rescind this administrative review.
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<title>Federal Register, Volume 91 Issue 191 (Monday, October 5, 2026)</title>
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[Federal Register Volume 91, Number 191 (Monday, October 5, 2026)]
[Notices]
[Pages 63266-63268]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20382]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-455-807]
Mattresses From Poland: Preliminary Intent To Rescind Antidumping
Duty Administrative Review; 2024-2025
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that CORRECT--K. B[lstrok]aszczyk i Wsp[oacute]lnicy Sp. K.
(CORRECT) did not make a bona fide sale of mattresses from Poland
during the period of review (POR) of July 1, 2024 through June 30,
2025. Therefore, Commerce preliminarily intends to rescind this
administrative review.
DATES: Applicable October 5, 2026.
FOR FURTHER INFORMATION CONTACT: Sophie Egar, AD/CVD Operations, Office
IV, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: 202-482-2697.
Background
On July 11, 2024, Commerce published in the Federal Register the
antidumping duty (AD) order on mattresses from Poland.\1\ On June 30,
2025, Commerce published in the Federal Register a notice of
opportunity to request an administrative of the Order.\2\ From July 18
through July 31, 2025, Commerce received timely requests for an
administrative review from EBI, LLC (EBI); CORRECT; COM40 Sp. z o.o.
Sp. K. (COM 40); and the petitioners.\3\
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\1\ See Mattresses From Bosnia and Herzegovina, Bulgaria, Burma,
Italy, the Philippines, Poland, Slovenia, and Taiwan: Antidumping
Duty Orders, 89 FR 56851 (July 11, 2024) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review and Join Annual Inquiry Service List, 90 FR 27841 (June 30,
2025).
\3\ See Brooklyn Bedding, Carpenter Company, et al's (the
petitioners) Letter, ``Mattress Petitioners' Request for
Administrative Review of Antidumping Duty Order,'' dated July 31,
2025.
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[[Page 63267]]
On August 22, 2025, Commerce initiated an administrative review of
the Order covering the POR, July 1, 2024, through June 30, 2025.\4\ On
August 28, 2025, Commerce released U.S. Customs and Border Protection
(CBP) data to all interested parties under an administrative protective
order and requested comments regarding the CBP data and respondent
selection.\5\ On September 4, 2025, in a joint submission, CORRECT and
COM 40 submitted comments on the release of the CBP data.\6\ In the
joint letter, CORRECT and COM 40 stated that Commerce should rescind
the review regarding COM 40 because the CBP data does not contain
entries for COM 40. On September 12, 2025, Commerce issued a respondent
identification memo selecting CORRECT as the sole mandatory respondent
for this administrative review.\7\ On September 19, 2025, we received a
No Sales Submission on behalf of CORRECT notifying Commerce that it had
no sales of subject merchandise during the POR.\8\
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\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 90 FR 41043 (August 22, 2025).
\5\ See Memorandum, ``2024-2025 Administrative Review of the
Antidumping Duty Order on Mattresses from Poland: Release of Customs
Data from U.S. Customs and Border Protection,'' dated August 28,
2025 (CBP data).
\6\ See CORRECT and COM 40's Letter, ``2024-2025 Administrative
Review of the Antidumping Order on Mattresses from Poland: Comments
on Release of Customs Data from U.S. Customs and Border
Protection,'' dated September 4, 2025.
\7\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated November 14, 2025.
\8\ See CORRECT's Letter, ``No Sales Submission,'' dated July
24, 2026.
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Due to the lapse in appropriations and Federal Government shutdown,
on November 14, 2025, Commerce tolled all deadlines in administrative
proceedings by 47 days.\9\ Additionally, due to a backlog of documents
that were electronically filed via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS) during the Federal Government shutdown, on November 24,
2025, Commerce tolled all deadlines in administrative proceedings by 21
days.\10\ On May 27 and September 24, 2026, Commerce extended the
deadline for issuing the preliminary results of this review by 113 and
7 days, respectively, in accordance with section 751(a)(3)(A) of the
Tariff Act of 1930, as amended (the Act).\11\ Accordingly, the deadline
for these preliminary results is now October 7, 2026.
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\9\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated November 14, 2025.
\10\ See Memorandum, ``Tolling of all Case Deadlines,'' dated
November 24, 2025.
\11\ See Memoranda, ``Mattresses from Poland: Extension of
Deadline for Preliminary Results of Antidumping Duty Administrative
Review,'' dated May 27, 2026, and September 24, 2026.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\12\
A list of the topics discussed in the Preliminary Decision Memorandum
is attached as an appendix to this notice. The Preliminary Decision
Memorandum is a public document and is on file electronically via
ACCESS, which is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/frnotices">https://access.trade.gov/frnotices</a>.
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\12\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review of Mattresses
from Poland; 2024-2025,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order
The merchandise subject to the Order is Mattresses from Poland. For
a complete description of the scope of the Order, see the Preliminary
Decision Memorandum.\13\
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\13\ Id.
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Preliminary Intent To Rescind Administrative Review
Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to
rescind an administrative review of an AD order where it concludes that
there were no suspended entries of subject merchandise during the
POR.\14\ Normally, upon completion of an administrative review, the
suspended entries are liquidated at the AD assessment rate calculated
for the POR.\15\ Therefore, for an administrative review of a company
to be conducted, there must be a reviewable, suspended entry that
Commerce can instruct CBP to liquidate at the AD assessment rate
calculated for the POR.\16\
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\14\ See, e.g., Certain Carbon and Alloy Steel Cut-to Length
Plate from the Federal Republic of Germany: Recission of Antidumping
Administrative Review; 2020-2021, 88 FR 4154 (January 24, 2023).
\15\ See 19 CFR 351.212(b)(2).
\16\ See 19 CFR 351.213(d)(3).
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According to the CBP import data on the record, we preliminarily
find that two companies subject to this review, i.e., EBI and COM 40,
did not have reviewable entries of subject merchandise during the POR
for which liquidation is suspended.\17\ Accordingly, in the absence of
reviewable, suspended entries of subject merchandise during the POR, we
preliminarily intend to rescind this administrative review with respect
to these two companies, in accordance with 19 CFR 351.213(d)(3).
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\17\ See Memorandum, ``Release of Customs Data from U.S. Customs
and Border Protection,'' dated August 28, 2026.
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Additionally, as discussed in the Preliminary Decision Memorandum
and as expounded upon in the Bona Fides Memorandum, Commerce
preliminarily finds that the sales made by CORRECT serving as the basis
for this review are not bona fide sales of mattresses.\18\ Because we
preliminarily find that CORRECT did not make a bona fide sale during
the POR, we preliminarily find that CORRECT had no reviewable
transactions during this POR. Accordingly, because we find that all
respondent companies have no reviewable, suspended entries of subject
merchandise during the POR, we preliminarily intend to rescind this
administrative review in full.
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\18\ See Preliminary Decision Memorandum; see also Memorandum,
``2024-2025 Antidumping Duty Administrative Review of Mattresses
from Poland: Preliminary Bona Fide Sales Analysis for CORRECT--K.
B[lstrok]aszczyk i Wsp[oacute]lnicy Sp. K.,'' dated concurrently
with this notice (Bona Fides Memorandum).
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. For a full description of the methodology
underlying our conclusions, see the Preliminary Decision Memorandum.
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with preliminary results within five days after
public announcement or, if there is no public announcement, within five
days after the date of publication of this notice in the Federal
Register, in accordance with 19 CFR 351.224(b). However, because
Commerce has found that the only company subject to this review,
CORRECT, did not make a bona fide sale during the POR, there are no
calculations to disclose.
Public Comment
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs to Commerce no later than 21 days after the date of publication
of this notice.\19\ Rebuttal briefs, limited to issues raised in the
case briefs, may be filed not later than five days after the date for
filing case briefs.\20 \Interested parties who
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submit case or rebuttal briefs in this proceeding must submit: (1) a
table of contents listing each issue; and (2) a table of
authorities.\21\
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\19\ See 19 351.309(c)(2) and (d)(2) ______.
\20\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\21\ See 19 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2)(iii) and (d)(2)(iii), we
request that interested parties provide at the beginning of their
briefs a public, executive summary for each issue raised in their
briefs.\22\ Further, we request that interested parties limit their
executive summary of each issue to no more than 450 words, not
including citations. We intend to use the executive summaries as the
basis of the comment summaries included in the issues and decision
memorandum that will accompany the final results in this administrative
review. We request that interested parties include footnotes for
relevant citations in the executive summary of each issue. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\23\
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\22\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\23\ See APO and Service Final Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants, and whether any
participant is a foreign national; and (3) a list of issues to be
discussed. Issues raised in the hearing will be limited to those raised
in the respective case briefs. An electronically filed hearing request
must be received successfully in its entirety by Commerce's electronic
records system, ACCESS, by 5 p.m. Eastern Time within 30 days after the
date of publication of this notice. Oral presentations at the hearing
will be limited to issues raised in the briefs. If a request for a
hearing is made, Commerce will inform parties of the scheduled date for
the hearing.\24\
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\24\ See 19 CFR 351.310(d).
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Assessment Rates
Upon completion of the administrative review, Commerce will
determine, and CBP shall assess, antidumping duties on all appropriate
entries covered by this review. Commerce intends to issue assessment
instruction to CBP no earlier than 35 days after the date of
publication of the final results in the Federal Register. For CORRECT,
for which we are preliminarily rescinding the review, we will instruct
CBP to assess antidumping duties on all appropriate entries at a rate
equal to the cash deposit of estimated antidumping duties required at
the time of entry, or withdrawal from warehouse, in accordance with 19
CFR 351.212(c)(1)(i). Commerce intends to issue these rescission
instructions to CBP no earlier than 35 days after the date of
publication of the final results of this administrative review in the
Federal Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
If Commerce proceeds to a final rescission of this administrative
review, the assessment rate to which CORRECT's shipments are subject
will not be affected by this review. If Commerce does not proceed to a
final rescission of this administrative review, pursuant to 19 CFR
351.212(b)(1), we will calculate importer-specific (or customer-
specific) assessment rates based on the final results of this review.
Cash Deposit Requirements
If Commerce issues final results for this administrative review,
Commerce will instruct CBP to collect cash deposits, effective upon the
publication of the final results, at the rates established therein.
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
Final Results of Review
Unless extended, Commerce intends to issue the final results of
this administrative review, including the results of its analysis of
the issues raised in any written briefs, not later than 120 days after
the date of publication of this notice in the Federal Register,
pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).
Dated: September 30, 2026.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Preliminary Intent to Rescind Administrative Review
VI. Recommendation
[FR Doc. 2026-20382 Filed 10-2-26; 8:45 am]
BILLING CODE 3510-DS-P
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